HLS 12RS-2585 ENGROSSED
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Regular Session, 2012
HOUSE CONCURRENT RESOLUTI ON NO. 90
BY REPRESENTATIVE SEABAUGH
CRIMINAL/PROCEDURE: Directs the Criminal Code Committee of the La. State Law
Institute to study the feasibility of assessing filing fees for applications of post-
conviction relief
A CONCURRENT RESOLUTI ON1
To direct the Criminal Code Committee of the Louisiana State Law Institute to study the2
issue of post-conviction relief, specifically with regard to the costs associated with3
providing such relief, and to issue a report of its findings and recommendations on4
the feasibility of assessing certain fees for applications for post-conviction relief to5
the Legislature of Louisiana.6
WHEREAS, pursuant to Louisiana law, once a criminal defendant has exhausted all7
possible appeals of his conviction and sentence, the defendant may then file an application8
for post-conviction relief, which is a petition filed by the defendant seeking to have the9
conviction and sentence set aside; and 10
WHEREAS, in the case of State ex rel. Glover v. State, 93-2330 (La. 1995), 66011
So.2d 1189, the Louisiana Supreme Court discussed the constitutionality of a provision of12
the Code of Criminal Procedure which provides time limitations for filing an application for13
post-conviction relief, and the court, relying on support from decisions by the United States14
Supreme Court, stated that states are not required by the constitution to provide post-15
conviction relief; and 16
WHEREAS, in the same case, the Louisiana Supreme Court cited a United States17
Supreme Court case in which Justice Rehnquist, writing for a four justice plurality, stated18
that "[t]he Due Process Clause ... does not establish any right to an appeal ... and certainly19
does not establish any right to collaterally attack a final judgment of conviction." Glover,20 HLS 12RS-2585 ENGROSSED
HCR NO. 90
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660 So.2d at 1194 (citing United States v. MacCollom, 426 U.S. 317, 96 S.Ct. 2086, 481
L.Ed.2d 666 (1976); and 2
WHEREAS, the court stated further in the Glover decision that "[o]ne of the goals3
of Louisiana's system of justice is to provide the accused and the state fair and prompt trials,4
appeals, and further proceedings to correct error," but that this system of justice should also5
reflect the "legitimate concern ... that this process should also end within a reasonable period6
of time." Glover, 660 So.2d at 1196; and 7
WHEREAS, it is necessary in choosing to provide criminal defendants with access8
to post-conviction relief, that certain interests also be considered, including but not limited9
to equal access to the courts, efficiency of the judicial and criminal justice system, costs10
associated with providing such access, and finality of court determinations, including11
criminal convictions and sentencing.12
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby13
direct the Criminal Code Committee of the Louisiana State Law Institute to study the issue14
of post-conviction relief, specifically with regard to the costs associated with providing such15
relief, and to issue a report to the Legislature of Louisiana no later than March 1, 2013,16
which shall include its findings and recommendations on the feasibility of imposing certain17
fees for applications for post-conviction relief. 18
BE IT FURTHER RESOLVED that a suitable copy of this Resolution be transmitted19
to the Criminal Code Committee of the Louisiana State Law Institute.20
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)]
Seabaugh HCR No. 90
Directs the Criminal Code Committee of the La. State Law Institute to study the issue of
post-conviction relief, specifically with regard to the costs associated with providing such
relief, and to issue a report to the La. Legislature of its findings and recommendations on the
feasibility of assessing certain fees for applications for post-conviction relief.