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 1077 Original 2022 Regular Session Gaines
Abstract: Provides relative to conviction in cases in which a non-unanimous jury verdict was
rendered.
Present law provides for the grounds of post conviction relief.
Present law provides relative to parole eligibility for certain offenders.
Proposed law adds an additional ground for convictions rendered by a verdict from a non-unanimous
jury.
Proposed law authorizes DPS&C to create and establish the Special Committee on Parole for Non-
unanimous Jury Convictions (special committee) for the purpose of reviewing all cases in which a
non-unanimous jury verdict was rendered prior to 2018. Provides for the composition and duties of
the board. Further authorizes the DPS&C to adopt rules and regulations necessary to carry out
proposed law.
Proposed law provides that the special committee shall consist of three retired appellate court judges
or supreme court justices appointed by the governor, one retired district attorney or assistant district
attorney appointed by the governor from a list of three nominations by the La. District Attorneys
Association, one retired public defender or assistant public defender appointed by the governor from
a list of three nominations by the La. Public Defender Board, and one ad hoc member from each of
the categories established by proposed law.
Proposed law requires petitioner to submit a certified copy of the entirety of the record upon which
the petitioner's application is based, any testimony of the petitioner or victim, as provided by R.S.
46:1842, et seq., and any written statement submitted by the district attorney of the judicial district
where the conviction was obtained. Further provides permissive factors that the special committee
may consider in determining whether the non-unanimous verdict resulted in a miscarriage of justice.
Proposed law requires a favorable vote of three of the five members of the special committee for an
affirmative finding that the petitioner's conviction was both the result of a non-unanimous jury
verdict and the non-unanimous verdict resulted in a miscarriage of justice.
Proposed law requires a unanimous vote of the special committee for an affirmative finding that the
petitioner's conviction was both the result of a non-unanimous jury verdict and the non-unanimous
verdict resulted in a miscarriage of justice for petitioners serving a life sentence. Proposed law provides that no application for post conviction relief shall be considered if it is filed
more than one year after the effective date of this statute.
Proposed law provides that if an application is granted resulting in parole release, the petitioner's
term of supervised release shall be the remaining term of the original sentence of conviction or as
commuted by the governor. Further provides that upon completion of a minimum of one-half of the
term of parole supervision or 25 years, whichever is less, the offender may subsequently petition the
committee on parole for consideration of early termination of parole supervision, as provided by
proposed law (R.S. 15:574.7(E)).
Proposed law provides for a termination date three years after the effective date of proposed law or
upon a ruling that Ramos v. Louisiana is retroactive, which is earlier.
Proposed law provides for retroactive application.
Proposed law provides that a petitioner that avails himself of the provisions of this Act shall not be
prohibited from obtaining additional relief.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 15:574.2.2)