GREEN SHEET REDIGEST
HB 92 2021 Regular Session Marino
CRIMINAL/PROCEDURE: Increases the amount paid for a person who has been
wrongfully convicted.
DIGEST
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, 2022, 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, 2022, 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, 2023, 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.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Finance to the reengrossed
bill
1. Changes the date whereby new claimants who first file a petition have the option
of taking a lump sum payment in lieu of the annual payment from July 1, 2021
to July 1, 2022.
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Prepared by Martha Hess. 2. Changes the beginning date whereby any petitioner who has been awarded
compensation by the court prior to a certain date from July 1, 2021 to
July 1, 2022.
3. Changes the last date for which a petitioner can file a petition seeking
supplemental compensation from July 1, 2022 to July 1, 2023.
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Prepared by Martha Hess.