HLS 24RS-490 ORIGINAL
2024 Regular Session
HOUSE BILL NO. 159
BY REPRESENTATIVE BACALA
(On Recommendation of the Louisiana State Law Institute)
CRIMINAL/PROCEDURE: Provides relative to post conviction relief
1 AN ACT
2To amend and reenact Code of Criminal Procedure Articles 923 and 926.2(A), relative to
3 post conviction relief; to provide for electronic transmission of the appellate record;
4 to provide with respect to factual innocence; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. Code of Criminal Procedure Articles 923 and 926.2(A) are hereby
7amended and reenacted to read as follows:
8 Art. 923. Duty of clerk as to final decisions in appellate court
9 A. When a decision of an appellate court becomes final, the clerk of court
10 shall transmit a certified copy of the decree to the court from which the appeal was
11 taken. When the judgment is received by the lower court, it the decree shall be filed
12 and executed.
13 B. After the defendant's conviction and sentence become final pursuant to
14 Article 922, the clerk of the court of appeal shall send an electronic copy of the
15 appellate record free of cost to any defendant who is imprisoned and has requested
16 a copy of his record.
17 C. The failure of the clerk of the court of appeal to comply with any of the
18 requirements of Paragraph B of this Article does not extend the time to file an
19 application for post conviction relief or constitute a cause of action, grounds to
20 vacate the conviction or sentence, or grounds to remand the case for the purpose of
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HB NO. 159
1 resentencing. The provisions of Paragraph B of this Article may be enforced by a
2 writ of mandamus.
3 D. Before transmission of the electronic copy of the record, the court of
4 appeal shall redact all information not subject to public disclosure pursuant to R.S.
5 46:1844(W). The court of appeal shall also redact the names, addresses, and
6 identities of the jurors who participated in the case. If the safety of a person or the
7 public requires further redaction, or if a redaction would violate a constitutional right
8 of the defendant, the aggrieved party may file a motion with the court of appeal. The
9 court of appeal may remand the motion to the lower court for the purpose of
10 receiving evidence and ruling on the motion. A ruling on the motion by the court of
11 appeal or lower court may be reviewed only by writ application unless the ruling
12 results in a declaration that a statute or ordinance is unconstitutional.
13 * * *
14 Art. 926.2. Factual innocence
15 A. A petitioner who has been convicted of an offense by a plea of either
16 guilty or nolo contendere or who has been found guilty after a trial completed to
17 verdict may seek post conviction relief on the grounds that he is factually innocent
18 of the offense for which he the petitioner was convicted. A petitioner's first claim
19 of factual innocence pursuant to this Article that would otherwise be barred from
20 review on the merits by the time limitation provided in Article 930.8 or the
21 procedural objections provided in Article 930.4 shall not be barred if the claim is
22 contained in an application for post conviction relief filed on or before December 31,
23 2022, and if the petitioner was convicted after a trial completed to verdict. This
24 exception to Articles 930.4 and 930.8 shall apply only to the claim of factual
25 innocence brought under this Article and shall not apply to any other claims raised
26 by the petitioner. An application for post conviction relief filed pursuant to this
27 Article by a petitioner who pled guilty or nolo contendere to the offense of
28 conviction or filed by any petitioner after December 31, 2022, shall be subject to
29 Articles 930.4 and 930.8.
30 * * *
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HB NO. 159
1 Comments - 2024
2 The original version of this Article stated: "A petitioner's first claim of
3 factual innocence pursuant to this Article that would otherwise be barred from
4 review on the merits by the time limitation provided in Article 930.8 or the
5 procedural objections provided in Article 930.4 shall not be barred if the claim is
6 contained in an application for post conviction relief filed on or before December 31,
7 2022, and if the petitioner was convicted after a trial completed to verdict." The
8 2024 revision to this Article will not affect any applications that were timely filed
9 by such a petitioner on or before December 31, 2022, in accordance with this original
10 wording.
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 159 Original 2024 Regular Session Bacala
Abstract: Provides relative to post conviction relief.
Present law (C.Cr.P. Art. 923) provides that when a decision of an appellate court becomes
final, the clerk of court shall transmit a certified copy of the decree to the court from which
the appeal was taken. Further provides that when the judgment is received by the lower
court, it shall be filed and executed.
Proposed law changes the term "judgment" to "decree".
Proposed law provides that after the defendant's conviction and sentence become final
pursuant to present law (C.Cr.P. Art. 922), the clerk of the court of appeal shall send an
electronic copy of the appellate record free of cost to any defendant who is imprisoned and
has requested a copy of his record.
Proposed law provides that the failure of the clerk of the court of appeal to comply with any
of the requirements of proposed law does not extend the time to file an application for post
conviction relief or constitute a cause of action, grounds to vacate the conviction or sentence,
or grounds to remand the case for the purpose of resentencing. Further provides that the
provisions of proposed law may be enforced by a writ of mandamus.
Proposed law provides that before transmission of the electronic copy of the record, the court
of appeal shall redact all information not subject to public disclosure pursuant to present law
(R.S. 46:1844(W)). Further provides that the court of appeal shall also redact the names,
addresses, and identities of the jurors who participated in the case.
Proposed law provides that if the safety of a person or the public requires further redaction,
or if a redaction would violate a constitutional right of the defendant, the aggrieved party
may file a motion with the court of appeal.
Proposed law provides that the court of appeal may remand the motion to the lower court for
the purpose of receiving evidence and ruling on the motion. Further provides that a ruling
on the motion by the court of appeal or lower court may be reviewed only by writ
application unless the ruling results in a declaration that a statute or ordinance is
unconstitutional.
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HB NO. 159
Present law (C.Cr.P. Art. 926.2(A)) provides that a petitioner who has been convicted of an
offense may seek post conviction relief on the grounds that he is factually innocent of the
offense for which he was convicted.
Proposed law amends present law to provide a petitioner who has been convicted of an
offense by a plea of either guilty or nolo contendere or who has been found guilty after a trial
completed to verdict with the opportunity to seek post conviction relief on the grounds that
he is factually innocent of the offense for which he was convicted.
Present law provides that a petitioner's first claim of factual innocence pursuant to present
law that would otherwise be barred from review on the merits by the time limitation
provided in present law (C.Cr.P. Art. 930.8) or the procedural objections provided in C.Cr.P.
Art. 930.4 shall not be barred if the claim is contained in an application for post conviction
relief filed on or before Dec. 31, 2022, and if the petitioner was convicted after a trial
completed to verdict. Further provides that this exception to present law (C.Cr.P. Arts. 930.4
and 930.8) shall apply only to the claim of factual innocence brought under present law and
shall not apply to any other claims raised by the petitioner.
Proposed law removes this reference from present law relative to the timing of the
petitioner's first application for post conviction relief when the claim is factual innocence.
Present law provides that an application for post conviction relief filed pursuant to present
law by a petitioner who pled guilty or nolo contendere to the offense of conviction or filed
by any petitioner after Dec. 31, 2022, shall be subject to present law (C.Cr.P. Arts. 930.4 and
930.8).
Proposed law removes the reference to any application for post conviction relief filed after
Dec. 31, 2022.
(Amends C.Cr.P. Arts. 923 and 926.2(A))
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