HLS 21RS-948 ORIGINAL
2021 Regular Session
HOUSE BILL NO. 390
BY REPRESENTATIVE JEFFERSON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIMINAL/PROCEDURE: Provides relative to post-conviction relief
1 AN ACT
2To amend and reenact Code of Criminal Procedure Article 930.3 and Article 930.8(A)(1),
3 relative to post-conviction relief; to provide relative to the grounds for post-
4 conviction relief; to provide relative to the application for post-conviction relief; to
5 provide a time limitation to submit new facts for the application for post-conviction
6 relief; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. Code of Criminal Procedure Article 930.3 and Article 930.8(A)(1) are
9hereby amended and reenacted to read as follows:
10 Art. 930.3. Grounds
11 If the petitioner is in custody after sentence for conviction for an offense,
12 relief shall be granted only on the following grounds:
13 (1)(a) The conviction was obtained in violation of the constitution of the
14 United States or the state of Louisiana;.
15 (b) The sentence was obtained in violation of the constitution of the United
16 State or the state of Louisiana.
17 (2) The court exceeded its jurisdiction;.
18 (3) The conviction or sentence subjected him to double jeopardy;.
19 (4) The limitations on the institution of prosecution had expired;.
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1 (5) The statute creating the offense for which he was convicted and
2 sentenced is unconstitutional; or.
3 (6) The conviction or sentence constitute the ex post facto application of law
4 in violation of the constitution of the United States or the state of Louisiana.
5 (7) The results of DNA testing performed pursuant to an application granted
6 under Article 926.1 proves by clear and convincing evidence that the petitioner is
7 factually innocent of the crime for which he was convicted.
8 * * *
9 Art. 930.8. Time limitations; exceptions; prejudicial delay
10 A. No application for post-conviction relief, including applications which
11 seek an out-of-time appeal, shall be considered if it is filed more than two years after
12 the judgment of conviction and sentence has become final under the provisions of
13 Article 914 or 922, unless any of the following apply:
14 (1) The application alleges, and the petitioner proves or the state admits, that
15 the facts upon which the claim is predicated were not known to the petitioner or his
16 prior attorneys. Further, the petitioner shall prove that he exercised diligence in
17 attempting to discover any post-conviction claims that may exist. "Diligence" for
18 the purposes of this Article is a subjective inquiry that must take into account the
19 circumstances of the petitioner. Those circumstances shall include but are not
20 limited to the educational background of the petitioner, the petitioner's access to
21 formally trained inmate counsel, the financial resources of the petitioner, the age of
22 the petitioner, the mental abilities of the petitioner, or whether the interests of justice
23 will be served by the consideration of new evidence. New facts discovered pursuant
24 to this exception shall be submitted to the court within two years of discovery, unless
25 brought in support of a first claim brought pursuant to Article 930.3(1)(b), in which
26 case the new facts shall be submitted prior to July 31, 2023.
27 * * *
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HB NO. 390
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 390 Original 2021 Regular Session Jefferson
Abstract: Adds when a sentence was obtained in violation of the U.S. or La. constitution
to the list of grounds for which post-conviction relief shall be granted, and provides
that new facts submitted in support of a petition for post-conviction relief shall be
submitted prior to July 31, 2023.
Present law provides that post-conviction relief shall be granted only on the following
grounds:
(1)The conviction was obtained in violation of the U.S. or La. constitution.
(2)The court exceeded its jurisdiction.
(3)The conviction or sentence subjected the petitioner to double jeopardy.
(4)The limitations on the institution of prosecution had expired.
(5)The statute creating the offense for which the petitioner was convicted and sentenced
is unconstitutional.
(6)The conviction or sentence constitute the ex post facto application of law in violation
of the U.S. or La. constitution.
(7)The results of DNA testing performed pursuant to an application granted under
C.Cr.P. Art. 926.1 proves by clear and convincing evidence that the petitioner is
factually innocent of the crime for which he was convicted.
Proposed law adds when the sentence was obtained in violation of the U.S. or La.
constitution to the list of grounds for which post-conviction relief shall be granted.
Present law also provides that no application for post-conviction relief shall be considered
if it is filed more than two years after the judgment of conviction and sentence has become
final under the provisions of C.Cr.P. Arts. 914 or 922, unless any of the following apply:
(1)The application alleges, and the petitioner proves or the state admits, that the facts
upon which the claim is predicated were not known to the petitioner or his prior
attorneys. Further, the petitioner shall prove that he exercised diligence in
attempting to discover any post-conviction claims that may exist. New facts
discovered pursuant to this exception shall be submitted to the court within two years
of discovery.
(2)The claim asserted in the petition is based upon a final ruling of an appellate court
establishing an unknown interpretation of constitutional law, the petitioner
establishes that this interpretation is retroactively applicable to his case, and the
petition is filed within one year of the finality of such ruling.
(3)The application would already be barred by the provisions of present law, but the
application is filed on or before Oct. 1, 2001, and the date on which the application
was filed is within three years after the judgment of conviction and sentence has
become final.
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(4)The person asserting the claim has been sentenced to death.
Proposed law retains present law.
With regard to the new facts discovered pursuant to the present law exception, proposed law
provides that facts in support of a first claim brought pursuant to proposed law shall be
submitted prior to July 31, 2023.
(Amends C.Cr.P. Arts. 930.3 and 930.8(A)(1))
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