Louisiana 2022 Regular Session

Louisiana House Bill HB162 Latest Draft

Bill / Chaptered Version

                            ENROLLED
ACT No. 36
2022 Regular Session
HOUSE BILL NO. 162
BY REPRESENTATIVE MARINO
1	AN ACT
2 To amend and reenact Code of Criminal Procedure Article 983(H) and (I), to enact Code of
3 Criminal Procedure Article 983(J) and (K), and to repeal Code of Criminal
4 Procedure Article 983(F)(4), relative to expungement of records; to provide relative
5 to the fees for expungement of a record; to provide for exemptions of fees in certain
6 expungement cases; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1.  Code of Criminal Procedure Article 983(H) and (I) are hereby amended
9 and reenacted and Code of Criminal Procedure Article 983(J) and (K) are hereby enacted to
10 read as follows: 
11 Art. 983.  Costs of expungement of a record; fees; collection; exemptions;
12	disbursements
13	*          *          *
14	H.  Notwithstanding any other provision of law to the contrary, a person who
15 was determined to be factually innocent and entitled to compensation for a wrongful
16 conviction pursuant to the provisions of R.S. 15:572.8 shall be exempt from payment
17 of the processing fees otherwise authorized by this Article.
18	I.  Notwithstanding any other provision of law to the contrary, a person who
19 has been granted a pardon shall be exempt from payment of the processing fees
20 otherwise authorized by this Article.  However, no person granted a first offender
21 pardon pursuant to Article IV, Section 5(E)(1) of the Constitution of Louisiana shall
22 be exempt from payment of the processing fees otherwise authorized by this Article.
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 162	ENROLLED
1	H. J.  If an application for an expungement of a record includes two or more
2 offenses arising out of the same arrest, including misdemeanors, felonies, or both,
3 the applicant shall be required to pay only one fee as provided for by this Article.
4	I. K.  Notwithstanding any provision of law to the contrary, an applicant for
5 the expungement of a record, other than as provided in Paragraphs F and G of this
6 Article, may proceed in forma pauperis in accordance with the provisions of Code
7 of Civil Procedure Article 5181 et seq.
8 Section 2.  Code of Criminal Procedure Article 983(F)(4) is hereby repealed in its
9 entirety.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:  
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.