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 Reengrossed 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 $40,000 per year incarcerated. Further increases the maximum total amount that may
be received from $250,000 to $400,000 and provides that such compensation is payable at a rate of
$40,000 annually. Additionally authorizes new applicants who first file a petition on or after July
1, 2021, the option of selecting a lump sum payment of $250,000 in lieu of receiving $40,000 per
year.
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 $40,000 annually.
(Amends R.S. 15:572.8(H)(2) and (Q))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Appropriations to the engrossed
bill: 1. Change the amount of annual compensation from $25,000 to $40,000.
2. Change the maximum amount of compensation available from $250,000 to $400,000.
3. Authorize new claimants who first file a petition on or after July 1, 2021, the option of
taking a lump sum payment of $250,000 in lieu of the $40,000 annual payment.