HLS 21RS-295 ENGROSSED
2021 Regular Session
HOUSE BILL NO. 92
BY REPRESENTATIVES MARINO, FREEMAN, JAMES, MAGEE, AND CHARLES
OWEN
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIMINAL/PROCEDURE: Increases the amount paid for a person who has been
wrongfully convicted
1 AN ACT
2To amend and reenact R.S. 15:572.8(H)(2) and (Q), relative to compensation for wrongful
3 conviction and imprisonment; to provide relative to the amount of compensation
4 received by a person who is wrongfully convicted; to provide a process by which
5 certain petitioners may apply for supplemental compensation; and to provide for
6 related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 15:572.8(H)(2) and (Q) are hereby amended and reenacted to read
9as follows:
10 ยง572.8. Compensation for wrongful conviction and imprisonment; petition process;
11 compensation; proof; assignment of powers and duties
12 * * *
13 H.
14 * * *
15 (2)(a) Compensation Except as provided by Subparagraph (b) of this
16 Paragraph, compensation for the physical harm and injury suffered by the petitioner
17 shall be calculated at a rate of twenty-five thousand dollars per year incarcerated, not
18 to exceed a maximum total amount of two hundred fifty thousand dollars, to be paid
19 at a rate of twenty-five thousand dollars annually.
Page 1 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-295 ENGROSSED
HB NO. 92
1 (b) Beginning July 1, 2021, compensation for the physical harm and injury
2 suffered by the petitioner shall be calculated at a rate of fifty thousand dollars per
3 year incarcerated, to be paid at a rate of fifty thousand dollars annually.
4 * * *
5 Q. Any Beginning July 1, 2021, any petitioner who has been awarded
6 compensation by the court pursuant to the provisions of this Section, on or after
7 September 1, 2005, and prior to September 1, 2011 July 1, 2021, may file a petition
8 seeking supplemental compensation in the amount authorized by the provisions of
9 Subparagraph (H)(2)(b) of this Section. The petitioner shall file a petition seeking
10 supplemental compensation on or before September 1, 2012 July 1, 2022, or be
11 forever barred from filing a supplemental petition. Any compensation awarded
12 pursuant to this Subsection, Paragraph (H)(2)(b) of this Section, or both, shall be
13 awarded at a rate of fifty thousand dollars annually.
14 * * *
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 92 Engrossed 2021 Regular Session Marino
Abstract: Provides relative to the amount and rate of compensation of persons who are
wrongfully convicted and provides a procedure by which a person who previously
received wrongful conviction compensation may apply for supplemental
compensation.
Present law provides that any person who has served, in whole or in part, a sentence of
imprisonment under the laws of this state for a crime for which he was convicted is entitled
to receive compensation if the conviction has been reversed or vacated and the person has
proved by clear and convincing evidence that he is factually innocent of the crime for which
he was convicted.
Present law provides that such persons are entitled to receive compensation for the physical
harm and injury suffered by the person in an amount equal to $25,000 per year incarcerated,
not to exceed a maximum total amount of $250,000. Such compensation is payable from
the Innocence Compensation Fund at a rate of $25,000 annually.
Proposed law amends present law to increase the amount of compensation from $25,000 per
year incarcerated to $50,000 per year incarcerated. Proposed law further provides that such
compensation is payable at a rate of $50,000 annually.
Page 2 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-295 ENGROSSED
HB NO. 92
Beginning July 1, 2021, proposed law authorizes any petitioner who has been awarded
wrongful conviction compensation by the court on or after Sept. 1, 2005, and prior to July
1, 2021, to file a petition seeking supplemental compensation in the amount authorized by
the provisions of proposed law. Proposed law requires the petitioner to file the petition
seeking supplemental compensation on or before July 1, 2022, or be forever barred from
filing a supplemental petition. Proposed law further provides that any compensation
awarded pursuant to these provisions of proposed law shall be awarded at a rate of $50,000
annually.
(Amends R.S. 15:572.8(H)(2) and (Q))
Page 3 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.