HLS 20RS-504 ORIGINAL
2020 Regular Session
HOUSE BILL NO. 149
BY REPRESENTATIVE BRYANT
PARDON/PAROLE: Provides relative to the length of time certain applicants are required
to wait before filing a subsequent application for a pardon or commutation of
sentence after a denial
1 AN ACT
2To amend and reenact R.S. 15:572.4(D), relative to pardons; to provide relative to the time
3 periods in which persons serving a life sentence may apply for a pardon or
4 commutation of sentence; to reduce the length of time an applicant is required to
5 wait before filing a subsequent application after a denial; and to provide for related
6 matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 15:572.4(D) is hereby amended and reenacted to read as follows:
9 ยง572.4. Board of Pardons; rules, regulations, and procedures; notice; restrictions on
10 applications; time periods for additional review
11 * * *
12 D. Notwithstanding any provisions of law to the contrary, any applicant who
13 has been sentenced to life imprisonment shall not be eligible to apply to the board
14 for a pardon or commutation of sentence for a period of fifteen years after being
15 sentenced by the trial court, except that periods of time prior to the imposition of the
16 sentence in which the defendant was in actual custody for the offense for which he
17 was sentenced to life imprisonment shall be included in computing the fifteen-year
18 period. If the application is denied, the applicant shall be notified in writing of the
19 reason for the denial and thereafter may file a new application to the board no earlier
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 20RS-504 ORIGINAL
HB NO. 149
1 than five two years from the date of action by the board. Any subsequent
2 applications shall not be filed earlier than five two years after the immediately
3 preceding action taken by the board. However, the provisions of this Subsection
4 shall not apply when the board determines that new and material evidence that,
5 notwithstanding the exercise of reasonable diligence by the applicant, was not
6 discovered before or during his trial, is available, and if it had been introduced at the
7 trial, it would probably have changed the verdict or judgment of guilty.
8 * * *
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 149 Original 2020 Regular Session Bryant
Abstract: Reduces the time period an applicant sentenced to life imprisonment is required
to wait before filing a subsequent application to the Board of Pardons after a denial
of an initial application.
Present law provides that persons sentenced to life imprisonment are ineligible to apply to
the Board of Pardons for a pardon or commutation of sentence for 15 years after being
sentenced by the trial court, except that periods of time prior to the imposition of the
sentence in which the defendant was in actual custody for the offense he was sentenced to
life imprisonment shall be included in computing the 15-year period.
Proposed law retains present law.
Present law provides that if the initial application is denied, the applicant may file a new
application to the board no earlier than five years from the date of action of the board.
Provides that any subsequent applications cannot be filed earlier than five years from the
preceding action by the board.
Proposed law reduces these time periods from five years to two years.
(Amends R.S. 15:572.4(D))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.