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, supported by new, reliable evidence that was not available at the time of the original trial. The bill also clarifies that the district attorney of the parish where the conviction occurred will represent the state in these proceedings, unless the attorney general was involved in the original prosecution. Additionally, the time frame for filing a petition for compensation has been reduced from two years to one year following the reversal of a conviction.

Significant changes include the removal 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 will not be liable for these payments. The bill establishes that filing a petition for compensation acts as a waiver of any legal action related to the same subject matter, meaning that individuals who pursue compensation cannot simultaneously seek other legal remedies for their wrongful conviction. Furthermore, the bill repeals a previous provision regarding willful misconduct by state actors, emphasizing that the compensation outlined in the bill is the exclusive remedy for wrongful convictions.

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