RÉSUMÉ DIGEST
ACT 257 (HB 92) 2021 Regular Session Marino
Existing 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.
Prior law provided that such persons were 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 was payable from
the Innocence Compensation Fund at a rate of $25,000 annually.
New law increases the amount of compensation from $25,000 per year incarcerated to
$40,000 per year incarcerated for those seeking compensation after July 1, 2022. 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, 2022, new 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 new law. New 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. New law further provides that any compensation awarded pursuant to these
provisions of new law shall be awarded at a rate of $40,000 annually.
Effective August 1, 2021.
(Amends R.S. 15:572.8(H)(2) and (Q))