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2024 Second Extraordinary Session
HOUSE BILL NO. 4
BY REPRESENTATIVES EMERSON AND MIKE JOHNSON
CRIMINAL/PROCEDURE: Provides relative to changes for post conviction relief
procedures (Item #17)
1 AN ACT
2To amend and reenact Code of Criminal Procedure Articles 930.4(F) and (G) and
3 930.8(A)(1) and (D) and to enact Code of Criminal Procedure Article 930.8(E),
4 relative to procedures utilized in post conviction proceedings; to provide relative to
5 the timeliness of post conviction applications; to provide relative to the procedural
6 requirements of post conviction applications; to provide relative to the exceptions to
7 the time limitations of post conviction applications; and to provide for related
8 matters.
9Be it enacted by the Legislature of Louisiana:
10 Section 1. Code of Criminal Procedure Articles 930.4(F) and (G) and 930.8(A)(1)
11and (D) are hereby amended and reenacted and Code of Criminal Procedure Article 930.8(E)
12is hereby enacted to read as follows:
13 Art. 930.4. Repetitive applications
14 * * *
15 F. If the court considers dismissing an application for failure of the petitioner
16 to raise the claim in the proceedings leading to conviction, failure to urge the claim
17 on appeal, or failure to include the claim in a prior application, the court shall order
18 the petitioner to state reasons for his failure. If the court finds that the failure was
19 excusable, it shall consider the merits of the claim. Any attempt or request by a
20 petitioner to supplement or amend the application shall be subject to all of the
21 limitations and restrictions set forth in this Article. In addition to serving the district
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1 attorney for the jurisdiction where the underlying conviction was obtained, any
2 application filed after the first application for post conviction relief shall be served
3 on the district attorney and the attorney general at least sixty days in advance of the
4 hearing on the application. Both the district attorney and the attorney general shall
5 have a right to suspensively appeal any order granting relief.
6 G. Notwithstanding any provision of this Title to the contrary, the state may
7 affirmatively waive any procedural objection pursuant to this Article. Such waiver
8 shall be express and in writing and filed by the state into the district court record.
9 All of the limitations set forth in this Article shall be jurisdictional and shall not be
10 waived or excused by the court or the district attorney.
11 * * *
12 Art. 930.8. Time limitations; exceptions; prejudicial delay
13 A. No application for post conviction relief, including applications which
14 seek an out-of-time appeal, shall be considered if it is filed more than two years after
15 the judgment of conviction and sentence has become final under the provisions of
16 Article 914 or 922, unless any of the following apply:
17 (1) The application alleges, and the petitioner proves or the state admits, that
18 the facts upon which the claim is predicated were not known to the petitioner or his
19 prior attorneys. Further, the petitioner shall prove that he exercised diligence in
20 attempting to discover any post conviction claims that may exist. "Diligence" for the
21 purposes of this Article is a subjective inquiry that shall take into account the
22 circumstances of the petitioner. Those circumstances shall include but are not
23 limited to the educational background of the petitioner, the petitioner's access to
24 formally trained inmate counsel, the financial resources of the petitioner, the age of
25 the petitioner, the mental abilities of the petitioner, or whether the interests of justice
26 will be served by the consideration of new evidence. New facts discovered pursuant
27 to this exception shall be submitted to the court within two years one year of
28 discovery. If the petitioner pled guilty or nolo contendere to the offense of
29 conviction and is seeking relief pursuant to Article 926.2 and five years or more have
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1 elapsed since the petitioner pled guilty or nolo contendere to the offense of
2 conviction, he shall not be eligible for the exception provided for by this
3 Subparagraph.
4 * * *
5 D. Notwithstanding any provision of this Title to the contrary, the state may
6 affirmatively waive any objection to the timeliness under Paragraph A of this Article
7 of the application for post conviction relief filed by the petitioner. Such waiver shall
8 be express and in writing and filed by the state into the district court record. Any
9 attempt or request by a petitioner to supplement or amend the application shall be
10 subject to all of the limitations and restrictions as set forth in this Article.
11 E. All of the limitations set forth in this Article shall be jurisdictional and
12 shall not be waived or excused by the court or the district attorney.
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 4 Engrossed 2024 Second Extraordinary Session Emerson
Abstract: Provides relative to post conviction relief procedures.
Present law (C.Cr.P. Art. 930.4) generally provides for the procedures governing repetitive
applications for post conviction relief.
Present law (C.Cr.P. Art. 930.4(F)) provides that if the court considers dismissing an
application for failure of the petitioner to raise the claim in the proceedings leading to
conviction, failure to urge the claim on appeal, or failure to include the claim in a prior
application, the court shall order the petitioner to state reasons for his failure. Further
provides that if the court finds that the failure was excusable, it shall consider the merits of
the claim.
Proposed law removes this provision of present law and provides that any attempt or request
by a petitioner to supplement or amend the application shall be subject to all of the
limitations and restrictions set forth in proposed law.
Proposed law further provides that in addition to serving the district attorney for the
jurisdiction where the underlying conviction was obtained, any application filed after the
first application for post-conviction relief shall be served on the district attorney and the
attorney general at least 60 days in advance of the hearing on the application. Further
provides that both the district attorney and the attorney general shall have a right to
suspensively appeal any order granting relief.
Present law (C.Cr.P. Art. 930.4(G)) provides that notwithstanding any provision of present
law (C.Cr.P.) to the contrary, the state may affirmatively waive any procedural objection
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pursuant to present law (C.Cr.P. Art. 930.4). Further provides that such waiver shall be
express and in writing and filed by the state into the district court record.
Proposed law removes this provision of present law and provides that all of the limitations
set forth in present law (C.Cr.P. Art. 930.4) shall be jurisdictional and shall not be waived
or excused by the court or the district attorney.
Present law (C.Cr.P. Art. 930.8) generally provides for time limitations for post conviction
relief applications and for exceptions to these time limitations.
Present law (C.Cr.P. Art. 930.8(A)) provides for circumstances where an application for post
conviction relief shall be considered even if it is filed more than two years after the judgment
of conviction and sentence has become final under the provisions of present law (C.Cr.P.
Arts. 914 or 922).
Present law (C.Cr.P. Art. 930.8(A)(1)) provides that one of these circumstances is when the
application alleges, and the petitioner proves or the state admits, that the facts upon which
the claim is predicated were not known to the petitioner or his prior attorneys. Further
provides that the petitioner shall prove that he exercised diligence in attempting to discover
any post conviction claims that may exist and that new facts discovered pursuant to this
exception shall be submitted to the court within two years of discovery.
Proposed law reduces the time period for discovery of new facts from two years to one year.
Present law (C.Cr.P. Art. 930.8(A)(1)) further provides that if the petitioner pled guilty or
nolo contendere to the offense of conviction and is seeking relief pursuant to present law
(C.Cr.P. Art. 926.2) and five years or more have elapsed since the petitioner pled guilty or
nolo contendere to the offense of conviction, he shall not be eligible for the exception
provided by present law (C.Cr.P. Art. 930.8(A)(1)).
Proposed law removes the condition that five years or more need to have elapsed since the
petitioner pled guilty or nolo contendere to the offense of conviction and provides that a
petitioner shall not be eligible for the exception provided in present law (C.Cr.P. Art.
930.8(A)(1)) if the petitioner pled guilty or nolo contendere to the offense of conviction.
Present law (C.Cr.P. Art. 930.8(D)) provides that notwithstanding any provision of present
law (C.Cr.P.) to the contrary, the state may affirmatively waive any procedural objection
pursuant to present law (C.Cr.P. Art. 930.8(A)). Further provides that such waiver shall be
express and in writing and filed by the state into the district court record.
Proposed law removes this provision of present law and provides that any attempt or request
by a petitioner to supplement or amend the application shall be subject to all of the
limitations and restrictions as set forth in present law (C.Cr.P. Art. 930.8).
Proposed law (C.Cr.P. Art. 930.8(E)) provides that all of the limitations set forth in present
law (C.Cr.P. Art. 930.8) shall be jurisdictional and shall not be waived or excused by the
court or the district attorney.
(Amends C.Cr.P. Arts. 930.4(F) and (G) and 930.8(A)(1) and (D); Adds C.Cr.P. Art.
930.8(E))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Provide that proposed law limitations are jurisdictional.
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2. Clarify that in addition to serving the district attorney for the jurisdiction where
the underlying conviction was obtained, any application filed after the first
application for post-conviction relief shall be served on the district attorney and
the attorney general at least 60 days in advance of the hearing on the application.
3. Provide that both the district attorney and the attorney general shall have a right
to suspensively appeal any order granting relief.
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