House Bill No. 101, introduced by Representative Muscarello, amends existing laws regarding compensation for wrongful convictions and imprisonment in Louisiana. The bill stipulates that a petitioner is entitled to compensation if their conviction has been reversed or vacated based on a specific finding of factual innocence, which must be proven through new, reliable evidence that was not available at the time of the original trial. The bill also modifies the definition of "factual innocence" and establishes that petitions for compensation must be filed in the civil district court of the jurisdiction where the original conviction occurred. Additionally, the bill changes the representation of the state in these proceedings from the attorney general to the district attorney of the parish unless the attorney general was involved in the original prosecution.

Significant changes include the repeal of the Innocence Compensation Fund, with compensation now to be paid by the parish where the conviction was obtained, and the state and its employees being exempt from liability for such payments. The time frame for filing a petition after a conviction is reversed has been reduced from two years to one year. Furthermore, the bill establishes that filing a petition for compensation acts as a waiver of any legal action regarding the same subject matter, meaning that individuals who receive compensation cannot pursue further claims against the state related to their wrongful conviction.

Statutes affected:
HB101 Original: 15:8(A)(1), 15:8(S)