2021 Legislative Update - Probation Eligibility Increases & 894 Dismissal Changes

The Louisiana Legislature enacted a great number of new statutes and changes to the law during the 2021 Regular Session. For the next few weeks, we’ll be writing about some of the changes that might directly impact our clients in the future.

Effective August 1, 2021, the Louisiana Legislature made changes to both Articles 893 and 894 of the Louisiana Code of Criminal Procedure.

Article 893(B)(1) now allows for a suspended sentence in fourth or subsequent convictions of noncapital felonies with consent of the district attorney. Subsection (2) also allows for suspended sentences in third or subsequent DWI convictions under the following circumstances:

• The district attorney consents, and

• The court orders the defendant to participate in drug court, DWI or sobriety court, mental health court, Veterans court, re-entry court, spend 1 year in a facility which conforms with the requirements of the Judicial Agency Referral Facility Regulatory Act, or complete the Swift and Certain Probation Pilot Program.

Article 894(B)(2) has been modified to remove the limitation on dismissal and discharge pursuant to Article 894. Previously, the law only allowed a defendant to receive the benefit of Article 894 once every 5 years. This limitation no longer exists. The limitation of 10 years for DWI convictions remains in effect, however.

If you or someone you know is facing criminal charges and is concerned about how these changes may effect your case, please give us a call at (318) 459-9111 to set. up a consult.