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 Original 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.
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 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 mandatory 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 mandatory 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))