SSHB4 4274 238
HOUSE SUMMARY OF SENATE AMENDMENTS
HB 4 2024 Second Extraordinary Session Emerson
CRIMINAL/PROCEDURE: Provides relative to changes for post conviction relief
procedures (Item #17)
Synopsis of Senate Amendments
1.Makes technical changes.
2.Restores present law relative to applications for post conviction relief that are
filed on the grounds of factual innocence and when five years or more have
elapsed since the petitioner pled guilty or nolo contendere to the offense of
conviction.
4.Provides for an effective date of August 1, 2024.
Digest of Bill as Finally Passed by Senate
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 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).
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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(D); Adds C.Cr.P. Art. 930.8(E))
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