Bill > HB219

This bill enacts a new law, Code of Criminal Procedure Article 930.12, to address convictions obtained by non-unanimous jury verdicts, which the Louisiana Supreme Court has declared unconstitutional. The law provides a process for individuals currently serving sentences for felony convictions rendered by a non-unanimous jury to seek a review of their sentence, specifically if they received the maximum allowable sentence. Defendants must file a motion for resentencing by August 1, 2027, and if the court finds the conviction was by a non-unanimous jury, the defendant is still under sentence, and the district attorney does not intend to retry the case, a resentencing hearing will be ordered. During this hearing, the court will impose a new sentence, with specific guidelines for sentencing, including a rebuttable presumption that the new sentence should not exceed the maximum for a lesser included offense, and the defendant will receive credit for all time served, with the court having discretion regarding parole eligibility. This provision does not apply to convictions where the sentence has been fully served.