Louisiana 2019 Regular Session

Louisiana House Bill HB186

Introduced
3/26/19  
Introduced
3/26/19  
Refer
3/26/19  

Caption

Provides relative to the compensation of persons wrongfully convicted and the procedure for applying to receive such compensation

Impact

The bill modifies existing procedures regarding compensation for wrongful convictions by introducing limitations on how individuals can apply for and receive compensation. Notably, it reinstates the Innocence Compensation Fund after the previous year's legislation aimed to abolish it. The ICB will be responsible for determining the eligibility and the amount of compensation to be awarded, thereby centralizing authority and potentially creating a more streamlined approach. This change aims to ensure that victims of wrongful conviction receive appropriate financial restitution, which includes payments related to physical harm and loss of life opportunities.

Summary

House Bill 186 aims to provide a structured process for compensating individuals who have been wrongfully convicted. It establishes the Innocence Compensation Board (ICB), which oversees applications for compensation from the Innocence Compensation Fund. The bill delineates the procedures by which a person can apply for compensation after a conviction has been reversed or vacated, ensuring that those wrongfully imprisoned have a clear path to financial reparation for their wrongful incarceration. This legislation highlights the state's commitment to address injustices in the criminal justice system.

Sentiment

The sentiment surrounding House Bill 186 reflects a mix of support and concern. Advocates for criminal justice reform and those affected by wrongful convictions view it as a positive step towards correcting injustices in the legal system. They appreciate the establishment of a formal board that will help manage compensation claims. Conversely, some critics may argue that the constraints on the application process could limit the ability of wrongfully convicted individuals to receive proper compensation, thereby sugar-coating the systemic issues within the justice system.

Contention

A notable contention surrounding the bill centers on the effectiveness and fairness of the process established by the ICB. Questions have been raised regarding whether this centralized authority will adequately address the needs of wrongfully convicted individuals or if it could inadvertently create additional obstacles. Furthermore, the financial caps on compensation might not fully address the profound impacts of wrongful imprisonment. Overall, the bill portrays a legislative effort to reform wrongful conviction compensation while also revealing the complexities in balancing accountability and accessibility.

Companion Bills

No companion bills found.

Previously Filed As

LA SB54

Repeals provisions relative to police officers making arrests for certain misdemeanors and felonies. (8/1/23) (EN SEE FISC NOTE LF EX See Note)

LA SB117

Changes the definition of convicted. (8/15/11)

LA SB209

Allow private companies to monitor the criminal justice information system by providing real time electronic access to the system. (8/15/11)

LA HB244

Provides for responsive verdicts for the crime of home invasion

LA HB252

Provides relative to the financial obligations of criminal offenders

LA HB309

Authorizes the use of electronic monitoring for work release programs operated by the sheriff

LA HB218

Provides for the suspension of a driver's license following a vehicular homicide arrest

LA HB235

Provides that the 24-hour stay following mistrial applies to writ application for review by all courts with appellate jurisdiction

Similar Bills

LA HB492

Provides relative to the compensation of persons wrongfully convicted (EN +$543,989 SD EX See Note)

LA HB101

Provides relative to compensation for wrongful conviction and imprisonment (OR SEE FISC NOTE LF EX)

LA HB575

Provides relative to the disbursement of funds for the loss of life opportunities of wrongfully convicted persons (EG SEE FISC NOTE GF EX See Note)

LA HB588

Provides relative to convictions rendered by a verdict from a non-unanimous jury (EG INCREASE GF EX See Note)

LA HB572

Provides relative to post conviction relief (OR INCREASE GF EX See Note)

LA HB1077

Provides relative to convictions rendered by a verdict from a non-unanimous jury (EG +$451,000 GF EX See Note)

LA HB395

Amends the procedures for involuntary mental health treatment

LA HB675

Provides relative to post conviction relief (EG INCREASE GF EX See Note)