LEGISLATIVE FISCAL OFFICE
Fiscal Note
Fiscal Note On: HB 178 HLS 20RS 571
Bill Text Version: ENROLLED
Opp. Chamb. Action:
Proposed Amd.:
Sub. Bill For.:
Date: May 28, 2020 6:57 PM Author: MARINO
Dept./Agy.: Statewide
Subject: Suspension & Deferral of Sentence & Probation in Felony Cases Analyst: Monique Appeaning
PROBATION EN SEE FISC NOTE LF EX See Note Page 1 of 1
Provides relative to the suspension or deferral of sentence and probation in felony cases
Present law provides that the court shall not defer a sentence for certain offenses, including violation of the Uniform
Controlled Dangerous Substances Law that is punishable by a term of imprisonment of more than five years; provides that
upon motion of the defendant in certain cases, if the court finds at the conclusion of the probationary period that the
probation of the defendant has been satisfactory, the court may set aside the conviction and dismiss the prosecution (such
dismissal shall occur only once). Proposed law changes the limitation for allowing deferral of a sentence for violations of the
Uniform Controlled Dangerous Substances law that is punishable by a term of imprisonment of more than five years, to
apply to a term of imprisonment of more than ten years. Proposed law provides that courts may set aside a conviction and
dismiss the prosecution of certain offenses only twice.
EXPENDITURES 2020-21 2021-22 2022-23 2023-24 2024-25 5 -YEAR TOTAL
State Gen. Fd. $0 $0 $0 $0 $0 $0
Agy. Self-Gen. $0 $0 $0 $0 $0 $0
Ded./Other $0 $0 $0 $0 $0 $0
Federal Funds $0 $0 $0 $0 $0 $0
Local Funds SEE BELOW SEE BELOW SEE BELOW SEE BELOW SEE BELOW
Annual Total
REVENUES 2020-21 2021-22 2022-23 2023-24 2024-25 5 -YEAR TOTAL
State Gen. Fd. $0 $0 $0 $0 $0 $0
Agy. Self-Gen. $0 $0 $0 $0 $0 $0
Ded./Other $0 $0 $0 $0 $0 $0
Federal Funds $0 $0 $0 $0 $0 $0
Local Funds $0 $0 $0 $0 $0 $0
Annual Total $0 $0 $0 $0 $0 $0
EXPENDITURE EXPLANATION
Proposed law may result in an indeterminable change in Local Funds expenditures to Local governing authorities for district
attorney costs. The Louisiana District Attorneys Association (LDAA) reports that the proposed law makes several changes to
suspension and deferral of sentences under Code of Criminal Procedures (CCRP) 893. Proposed law changes the prohibition
on receiving a deferred sentence in certain circumstances. Currently, those convicted of a manufacturing or distribution drug
offense punishable by more than five years are prohibited from receiving an 893 deferral. Proposed law changes the
prohibition to impact drug offenses punishable by more than ten years. Proposed law results in three additional crimes to be
eligible for an 893 deferral. The three additional crimes are possession of marijuana fourth offense, possession of fentanyl 2g
-28g, and possession of flunitrazepam. The Office of District Attorney is charged with prosecuting criminal offenses in his/her
jurisdiction and reports the provisions of proposed law could result in an increase in the number of these cases that plead in
order to obtain a deferred sentence. LDAA reports that it cannot estimate the fiscal impact because it is unable to determine
the number of these cases that would otherwise have plead or gone to trial.
Proposed law removes the limitations permitting certain offenders to receive only one 893 deferral, increasing the limit to
only two. The Office of District Attorney is charged with prosecuting criminal offenses in his/her jurisdiction and this could
result in an increase in the number of cases that plea in lieu of trial because the offender could get the benefit of the 893
deferral on each felony conviction. The LDAA reports that it cannot estimate the fiscal impact because it is unable to
determine the number of cases that would otherwise have plead or gone to trial.
While it is impossible to quantify the fiscal impact at this time, making additional offenders eligible for 893 deferrals could
result in decreased trial, court and incarceration costs.
REVENUE EXPLANATION
There is no anticipated direct material effect on governmental revenues as a result of this measure.
Senate Dual Referral Rules House
13.5.1 >= $100,000 Annual Fiscal Cost {S & H} 6.8(F)(1) >= $100,000 SGF Fiscal Cost {H & S}
13.5.2 >= $500,000 Annual Tax or Fee Evan Brasseaux
6.8(G) >= $500,000 Tax or Fee Increase
Change {S & H} or a Net Fee Decrease {S} Staff Director