HLS 16RS-1859 ORIGINAL
2016 Regular Session
HOUSE BILL NO. 1116
BY REPRESENTATIVE GLOVER
CRIMINAL/CONVICTIONS: Provides for compensation for wrongful conviction and
imprisonment
1 AN ACT
2To amend and reenact R.S. 15:572.8(B) and to enact R.S. 15:572.8(T), relative to
3 compensation for wrongful conviction and imprisonment; to provide for the
4 definition of factual innocence; to provide for the filing of petitions for compensation
5 under certain conditions; to provide for an effective date; to provide for related
6 matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 15:572.8(B) is hereby amended and reenacted and R.S. 15:572.8(T)
9is hereby enacted to read as follows:
10 ยง572.8. Compensation for wrongful conviction and imprisonment; petition process;
11 compensation; proof; assignment of powers and duties
12 * * *
13 B. For the purposes of this Section, "factual innocence" means that the
14 petitioner did not commit the crime for which he was convicted and incarcerated nor
15 did he commit any crime based upon the same set of facts used in his original
16 conviction a crime defined in law as a lesser included offense of the crime for which
17 he was convicted.
18 * * *
19 T. Any person who timely filed a petition for compensation for wrongful
20 conviction and imprisonment pursuant to the provisions of this Section on or after
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 16RS-1859 ORIGINAL
HB NO. 1116
1 November 1, 2104, and whose petition was denied solely due to failure to satisfy the
2 definition of "factual innocence" may file a new petition for compensation for
3 wrongful conviction and imprisonment on or before September 1, 2017.
4 Section 2. This Act shall become effective upon signature by the governor or, if not
5signed by the governor, upon expiration of the time for bills to become law without signature
6by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
7vetoed by the governor and subsequently approved by the legislature, this Act shall become
8effective on the day following such approval.
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))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.