Louisiana 2018 Regular Session

Louisiana House Bill HB61

Introduced
2/7/18  
Introduced
2/7/18  
Refer
2/7/18  
Refer
2/7/18  
Refer
3/12/18  

Caption

Provides relative to applications for post-conviction relief filed by persons who are sentenced to death (OR INCREASE GF EX See Note)

Impact

The bill is anticipated to have a significant impact on the legal landscape regarding capital punishment in Louisiana. By extending the timeline for filing post-conviction relief, the legislation intends to afford individuals more time to gather evidence and make substantive legal claims about their innocence or other legal deficiencies in their trials. This adjustment could potentially affect the caseload of courts handling death penalty appeals and promote a greater emphasis on thorough judicial processes for capital cases.

Summary

House Bill 61 seeks to amend the Code of Criminal Procedure concerning the timeline for individuals sentenced to death to file applications for post-conviction relief. Under current law, these applications must be submitted within two years after the final judgment of conviction, but HB61 allows a three-year window for death-sentenced individuals specifically. This change aims to provide a more comprehensive avenue for those facing execution to challenge their sentences due to potential legal or procedural errors in their original trials.

Sentiment

The sentiment surrounding HB61 appears to be mixed. Supporters argue that the bill is a necessary corrective measure that enhances the justice system by recognizing the extreme nature of death sentences and the complications that can arise in such high-stakes cases. Critics, however, may express concern that extending the filing period could lead to delays in justice or be seen as a tactic to undermine the finality of death penalty sentences. The dialogue reflects a broader conflict between ensuring justice and the desire for expedient legal resolutions.

Contention

Notable points of contention regarding HB61 involve the balance between legal protections for defendants and the pursuit of expedience in capital cases. Some lawmakers and advocacy groups may argue that the extended timeline could complicate the judicial process or be misused to prolong the time before executions occur. Conversely, advocates for the bill emphasize that it is crucial to safeguard against wrongful convictions and ensure that all substantive claims are thoroughly considered, especially for those facing the ultimate penalty.

Companion Bills

No companion bills found.

Previously Filed As

LA HB572

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

LA HB675

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

LA HB159

Provides relative to post conviction relief (OR +$1,451,179 GF EX See Note)

LA SB109

Provides relative to postconviction relief. (8/1/21) (OR INCREASE GF EX See Note)

LA HB390

Provides relative to post-conviction relief

LA HB123

Provides relative to post-conviction relief

LA HB346

Provides relative to post-conviction relief or parole when a verdict is rendered by a non-unanimous jury

LA SB383

Provides relative to postconviction relief for defendants convicted by a non-unanimous jury verdict. (8/1/24) (OR INCREASE LF EX See Note)

LA HB4

Provides relative to changes for post conviction relief procedures (Item #17) (EN SEE FISC NOTE LF EX See Note)

LA SB218

Provides relative to post conviction relief for defendants convicted by a non-unanimous jury verdict. (8/1/25)

Similar Bills

No similar bills found.