GREEN SHEET REDIGEST
HB 4 2024 Second Extraordinary Session Emerson
(KEYWORD, SUMMARY, AND DIGEST as amended by Senate committee
amendments)
CRIMINAL/PROCEDURE: Provides relative to changes for post conviction relief
procedures (Item #17).
DIGEST
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(D)) requires a successive application be dismissed if it fails
to raise a new or different claim.
Proposed law retains present law but requires the court to consider the interest of justice
before dismissing the claim.
Present law (C.Cr.P. Art. 930.4(E)) requires a successive application be dismissed if it raises
a new or different claim that was inexcusably omitted from a prior application.
Proposed law retains present law but requires the court to consider the interest of justice
before dismissing the claim.
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 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
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Prepared by Alan Miller. of conviction and sentence has become final under the provisions of present law (C.Cr.P.
Arts. 914 or 922).
Proposed law retains present law but requires the court to consider the interest of justice
when reviewing an application for post conviction relief.
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(D), (E), (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.
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Prepared by Alan Miller. Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
reengrossed bill
1. Makes technical changes.
2. Requires that the court consider the interest of justice before dismissing repetitive
applications that fail to raise a new or different claim; and that raise a new or
different claim that was inexcusably omitted from a prior application.
3. Requires that the court consider the interest of justice when reviewing an
application for post conviction relief when an application has been filed more
than two years after the judgment of conviction and sentence has become final.
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Prepared by Alan Miller.