§ 13:5368 — Dismissal of certain criminal charges upon completion of Veterans Court program;

Louisiana § 13:5368

• Jurisdiction: Louisiana
• Title 13: Courts and Judicial Procedure

Text

§5368. Dismissal of certain criminal charges upon completion of Veterans Court program;
revocation of probation; effects of dismissal
A. Notwithstanding any other provision of law to the contrary, as to any person
eligible for participation in a Veterans Court program as provided for under the provisions
of this Chapter, when it appears that the best interests of the public and of the defendant will
be served, with the prior approval of the district attorney, the court may, without entering a
judgment of guilt and with the consent of such person, defer proceedings and place him on
probation upon such reasonable terms and conditions as may be required by the court and
under the provisions of this Chapter. If the defendant is accepted into the Veterans Court
program, the defendant must waive the right to a trial.
B. Upon the defendant's violation of any of the terms or conditions of his probation,
the court may revoke his probation, enter an adjudication of guilt, and impose sentence upon
such person. The entering of the adjudication of guilt shall be retroactive to the date the
defendant pled guilty or was convicted under Subsection A of this Section, but the
imposition or execution of sentence shall not be retroactive.
C. Upon fulfillment of the terms and conditions of probation imposed in accordance
with this Section, the court shall discharge such person and dismiss the proceedings against
him.
D. The discharge and dismissal of charges pursuant to this Section shall be without
court adjudication of guilt and shall not be deemed a conviction for purposes of
disqualifications or disabilities imposed by law upon conviction of a crime, including the
additional penalties imposed for second or subsequent convictions pursuant to R.S. 40:982.
The discharge and dismissal pursuant to this Section may occur only once with respect to any
person.

Legislative History

Acts 2016, No. 181, §1.