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Regular Session, 2010
HOUSE BILL NO. 505
BY REPRESENTATIVE RICHMOND
CRIMINAL/PROCEDURE: Increases monetary amount for wrongful convictions
AN ACT1
To amend and reenact R.S. 15:572.8(H)(2)(introductory paragraph), (a), and (b) and (N)(1)2
and to enact R.S. 15:572.8(H)(5) and (6), relative to compensation for wrongful3
conviction and imprisonment, to provide for the amount of compensation; to provide4
for job skills training; to provide for medical and counseling services; to provide for5
expungement of the crime; to provide for the Innocence Compensation Fund; and to6
provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 15:572.8(H)(2)(introductory paragraph), (a), and (b) and (N)(1) are9
hereby amended and reenacted and R.S. 15:572.8(H)(5) and (6) are hereby enacted to read10
as follows: 11
ยง572.8. Compensation for wrongful conviction and imprisonment; petition process;12
compensation; proof; assignment of powers and duties13
* * *14
H.15
* * *16
(2) Compensation shall be calculated at a rate of fifteen fifty thousand17
dollars per year incarcerated not to exceed a maximum total amount of one hundred18
fifty thousand dollars five hundred thousand dollars for the physical harm and injury19
suffered by the petitioner. As compensation for the loss of life opportunities20 HLS 10RS-1375 ENGROSSED
HB NO. 505
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resulting from the time spent incarcerated, the court shall also review requests for1
payment and order payment, not to exceed forty eighty thousand dollars, which the2
court finds reasonable and appropriate from the Innocence Compensation Fund to:3
(a) Pay the costs of job-skills training for one year three years.4
(b) Pay for appropriate medically necessary medical and counseling services5
for three six years to the petitioner at a mutually agreed upon location at no charge6
to the petitioner, but only if such services are not available from a state or other7
public facility, clinic, or office that is reasonably accessible to the petitioner.8
* * *9
(5) When the petitioner's conviction is overturned or reversed and if the10
district attorney elects not to retry or is unable to retry the case, the court shall11
expunge the conviction and accompanying arrest from the petitioner's record at no12
cost to the petitioner.13
(6) The court shall issue an order declaring that the petitioner is a victim.14
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N.(1) There is hereby established a special fund in the state treasury to be16
known as the Innocence Compensation Fund, hereinafter referred to as the "fund".17
The source of monies for the fund shall be appropriations, donations, grants, and18
other monies which may become available for the purposes of the fund. Any19
judgment rendered pursuant to this Section shall be payable only from the fund20
established herein. No state agency, political subdivision, constitutional office, nor21
employee thereof shall be liable for any payment ordered pursuant to this Section.22
The state shall appropriate monies annually to ensure that at least one million dollars23
remains in the fund at all times.24
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Richmond HB No. 505
Abstract: Increases the amount of compensation for persons who were wrongfully
convicted of crimes, and provides for the expungement of those crimes.
Present law provides for compensation for wrongfully convicted persons.
Present law provides that compensation shall be calculated at a rate of $15,000 per year of
incarceration, not to exceed a total of $150,000.
Proposed law changes present law from $15,000 per year to $50,000 per year and from
$150,000 total, to $500,000 for physical harm and injury suffered by the petitioner.
Present law provides that the petitioner shall be compensated $40,000 for the loss of life
opportunities.
Proposed law changes the amount of compensation for loss of life opportunities in present
law from $40,000 to $80,000.
Present law provides that the Innocence Compensation Fund shall pay for the costs of job-
skills training for one year and for the appropriate medical and counseling services for three
years.
Proposed law provides that the Innocence Compensation Fund shall pay for the costs of job-
skills training for three years and for the appropriate medical and counseling services for six
years.
Proposed law provides that when the conviction is overturned or reversed, the court shall
expunge the petitioner's record of the conviction and declare that the petitioner is a victim.
Proposed law provides that the state shall appropriate monies annually to ensure that the
amount of monies in the Innocence Compensation Fund shall not fall below $1 million.
(Amends R.S. 15:572.8(H)(2)(intro. para.), (a), and (b) and (N)(1); Adds R.S.
15:572.8(H)(5) and (6))