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)]
HB 1116 Original 2016 Regular Session Glover
Abstract: Provides for the definition of "factual innocence" in the consideration of petitions for
compensation for wrongful conviction and imprisonment and provides for the filing of a new petition
for certain previously denied petitions.
Present law provides for the petition of compensation by persons who have been wrongfully
convicted and imprisoned under the laws of this state if the conviction of the petitioner has been
reversed or vacated and if the petitioner has proven that he is factually innocent of the crime for
which he was convicted.
Present law provides that for the purposes of present law factual innocence means that the petitioner
did not commit the crime for which he was convicted and incarcerated nor did he commit any crime
based upon the same set of facts used in his original conviction.
Proposed law changes the definition of factual innocence from a person who did not commit any
crime based on the same set of facts in the original conviction to a person who did not commit a
crime defined as a lesser included offense of the crime for which he was convicted.
Proposed law further authorizes any person who timely filed a petition for compensation for
wrongful conviction and imprisonment pursuant to the provisions of present law on or after Nov. 1,
2104, and whose petition was denied solely due to failure to satisfy the definition of "factual
innocence" may file a new petition for compensation for wrongful conviction and imprisonment on
or before Sept. 1, 2017.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 15:572.8(B); Adds R.S. 15:572.8(T))