Louisiana 2019 Regular Session

Louisiana House Bill HB492

Introduced
3/29/19  
Refer
3/29/19  
Refer
4/8/19  
Refer
4/8/19  
Report Pass
5/1/19  
Report Pass
5/1/19  
Refer
5/2/19  
Engrossed
5/23/19  
Engrossed
5/23/19  
Refer
5/27/19  
Refer
5/27/19  
Report Pass
5/31/19  
Report Pass
5/31/19  
Enrolled
6/3/19  
Enrolled
6/3/19  
Chaptered
6/5/19  

Caption

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

Impact

The enactment of HB 492 is likely to significantly affect Louisiana's state laws regarding the treatment and compensation of wrongfully convicted individuals. By instituting a structured compensation process, the bill aims to alleviate some of the consequences faced by those who have suffered due to wrongful convictions, including financial strain and loss of life opportunities. The specifics regarding the compensation amount, such as $25,000 per year of incarceration, aim to provide a reasonable framework to support these individuals after their exoneration. This legislative change not only has implications for the judicial process but also sets a precedent for how wrongful convictions are addressed legally within the state.

Summary

House Bill 492 addresses the issue of compensation for individuals wrongfully convicted of crimes. The bill modifies existing statutes to clarify the process through which wrongfully convicted individuals may petition for compensation, particularly emphasizing the need for a determination of factual innocence by the court. The legislation establishes the Innocence Compensation Fund, which is designated to provide financial remuneration to those who have been exonerated. This is critical in acknowledging the injustices faced by these individuals and providing them necessary support as they reintegrate into society.

Sentiment

The sentiment surrounding HB 492 appears largely supportive among legislators and advocacy groups concerned with criminal justice reform. Proponents argue that the bill is a necessary step towards justice for those who have been wrongfully imprisoned and see it as a reflection of a commitment to rectify past wrongs. While there may be some opposition, particularly around the financial implications of maintaining the Innocence Compensation Fund, the general consensus reflects a broader recognition of the rights of exonerated individuals and the state's accountability in these matters.

Contention

Notable points of contention related to HB 492 revolve around the adequacy of the compensation amounts set forth in the bill, particularly regarding the loss of life opportunities, which is capped at $80,000. Some members of the legislative body have raised concerns about whether this amount sufficiently covers the long-term impacts of wrongful incarceration. Furthermore, the bill's reliance on public funds for its compensation structure may also spark debate on fiscal responsibility and the sustainability of such a program in the long term. These discussions highlight the complexities involved in balancing justice for wrongfully convicted individuals with the practicalities of state funding and budgetary constraints.

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 HB309

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

LA HB252

Provides relative to the financial obligations of criminal offenders

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

CA SB775

Felony murder: resentencing.

CA SB1129

Felony murder: resentencing: peace officer victims.

CA AB262

Human trafficking: vacatur relief for victims.

CA AB2869

Human trafficking: vacatur relief for victims: fines.

HI SB169

Relating To Redress For Wrongful Conviction And Imprisonment.

CA AB2169

Criminal procedure.

DE SB169

An Act To Amend Title 10 Of The Delaware Code Relating To Wrongful Conviction Compensation And Services.

CA SB94

Recall and resentencing: special circumstances.