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 Reengrossed 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 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)) 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.
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.
The House Floor Amendments to the engrossed bill: 1. Restore present law relative to the submission of an application for post conviction relief
within two years of the discovery of new facts that were not previously known to the
petitioner or prior attorneys.