Louisiana 2025 Regular Session

Louisiana House Bill HB101

Introduced
3/24/25  
Refer
3/24/25  
Refer
4/14/25  

Caption

Provides relative to compensation for wrongful conviction and imprisonment (OR SEE FISC NOTE LF EX)

Impact

The proposed changes under HB 101 are expected to reshape the landscape of wrongful conviction compensation in Louisiana. By tightening the criteria for compensation, the bill is likely to reduce the number of successful claims, potentially leaving some wrongfully convicted individuals without financial recourse. Moreover, the change in funding source indicates a shift in responsibility that could lead to disparities in compensation depending on the financial health of different parishes. This legislation seeks to streamline the process while also limiting the liability of state entities.

Summary

House Bill 101, introduced by Representative Muscarello, aims to amend existing procedures related to compensation for wrongful convictions in Louisiana. The bill outlines more rigorous standards for proving factual innocence, requiring petitioners to present new, previously undiscoverable evidence to validate their claims. It specifies that compensation will be paid by the parish where the conviction occurred, and eliminates the state’s liability for payments made under this law. This change represents a significant shift in handling wrongful conviction claims, moving away from state responsibility to a more localized approach.

Sentiment

The sentiment surrounding HB 101 is mixed among stakeholders. Proponents argue that it strengthens the integrity of the compensation process, ensuring that only those who can definitively prove their innocence are compensated. However, critics warn that the higher burden of proof could disadvantage many individuals who have been wrongfully convicted but lack the means to gather new evidence. This polarization points toward broader discussions about justice and accountability in the criminal justice system.

Contention

Notable points of contention include the removal of existing provisions that allowed courts to consider any relevant evidence during contradictory hearings, and the establishment of the parish as the responsible entity for compensation instead of the state. Critics are concerned that these changes may inhibit justice for those wrongfully convicted, as the removal of certain evidentiary standards could limit the court's ability to take a holistic view of a case. Additionally, the bill's stipulation that compensation serves as an exclusive remedy leaves little room for other forms of legal recourse, which has raised further debates about potential limitations on justice.

Companion Bills

No companion bills found.

Similar Bills

LA HB186

Provides relative to the compensation of persons wrongfully convicted and the procedure for applying to receive such compensation

LA HB588

Provides relative to convictions rendered by a verdict from a non-unanimous jury (EG INCREASE GF EX See Note)

LA HB744

Provides relative to convictions rendered by a verdict from a non-unanimous jury

LA HB1077

Provides relative to convictions rendered by a verdict from a non-unanimous jury (EG +$451,000 GF EX See Note)

LA SB186

Provides for post conviction relief with regard to successful "actual innocence" claims. (8/1/21)

LA HB675

Provides relative to post conviction relief (RE1 INCREASE GF EX See Note)

LA HB572

Provides relative to post conviction relief (OR INCREASE GF EX See Note)

LA SB244

Provides relative to court proceeding regarding firearms disabilities. (8/15/11)