Louisiana House Bill HB239

Louisiana 2012 Regular Session

• Introduced: 3/12/12
• Refer: 3/12/12

Caption

Provides for the assessment of filing fees for second or subsequent applications for post conviction relief (OR INCREASE LF RV See Note)

Impact

The implementation of HB 239 is expected to generate revenue through the collection of filing fees, which will impact how post-conviction applications are processed. It could potentially discourage repeated filing of applications, as defendants might consider the financial implications of subsequent applications. This bill amends existing laws within the Code of Criminal Procedure, specifically Article 926, thereby altering procedures related to post-conviction relief applications and ensuring a standardized fee structure across the state. The bill aims to balance the judicial process with potential economic considerations for both the court system and the individuals involved.

Summary

House Bill 239 introduces a new provision regarding the assessment of filing fees for individuals seeking second or subsequent applications for post-conviction relief in Louisiana. According to the bill, defendants will be required to pay an application fee that increases with the number of applications filed. Specifically, a fee of $10 is stipulated for a second application, $25 for a third, $50 for a fourth, and $100 for a fifth or any subsequent application. This structured fee system aims to ensure that applicants contribute to the costs associated with processing their petitions while also considering provisions for fee waivers under certain circumstances related to financial hardship.

Sentiment

The sentiment surrounding HB 239 appears to reflect a mix of support and concern. Proponents may argue that introducing a fee could help streamline the judicial process by reducing frivolous applications, thereby improving efficiency within the court system. However, critics of the bill express apprehension regarding access to justice; particularly, they argue that such fees could disproportionately affect low-income defendants who might already face barriers to securing adequate legal representation or who could be financially burdened by the costs of filing repeated applications for relief.

Contention

Notable points of contention regarding HB 239 revolve around its impact on access to justice for marginalized populations. While the bill includes provisions for fee waivers for those who can demonstrate financial hardship, opponents worry that this may not adequately protect the rights of defendants who are unable to navigate the legal system effectively. There is a broader concern that imposing fees for post-conviction relief could discourage individuals from pursuing legitimate claims and ultimately affect fair trial rights within the state's criminal justice framework.