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Bill > HB101


LA HB101

Provides relative to compensation for wrongful conviction and imprisonment (OR SEE FISC NOTE LF EX)


summary

Introduced
03/24/2025
In Committee
04/23/2025
Crossed Over
Passed
Dead

Introduced Session

Potential new amendment
2025 Regular Session

Bill Summary

AN ACT To amend and reenact R.S. 15:572.8(A)(1) and (2), (B) through (E), (H)(1) and (3), (I), (K), and (N) through (R) and to repeal R.S. 15:572.8(S), relative to compensation for wrongful conviction; to provide for evidence standards; to provide for funding; to provide for remedies; and to provide for related matters.

AI Summary

This bill amends Louisiana's law regarding compensation for individuals who have been wrongfully convicted and imprisoned, making several significant changes to the process and requirements for seeking such compensation. The bill tightens the standards for proving factual innocence, requiring petitioners to provide new, reliable, and legally admissible evidence that was not known at the time of trial, such as scientific forensic evidence or corroborated testimonial evidence. It reduces the time frame for filing a compensation petition from two years to one year after a conviction is reversed, and shifts the financial responsibility for compensation from a state Innocence Compensation Fund to the parish where the original conviction occurred. The bill also introduces more stringent procedural requirements, including a specific finding of factual innocence by a court and a higher evidentiary standard that would prevent a rational juror from finding the petitioner guilty. Additionally, the legislation limits legal recourse by stipulating that filing a compensation petition or receiving compensation acts as a waiver and bar to future legal actions related to the wrongful conviction, effectively making the compensation process the exclusive remedy for individuals seeking redress for their wrongful imprisonment.

Committee Categories

Justice

Sponsors (1)

Last Action

Becomes HB 673. (on 04/24/2025)

bill text


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