House Bill No. by Representative Glorioso seeks to amend and reenact provisions related to post-conviction relief in Louisiana, specifically modifying Code of Criminal Procedure Article 882(A). The bill allows courts to correct illegal sentences within one year of conviction if they fall outside the authorized range and enables appellate courts to vacate unauthorized sentences for re-sentencing. It also introduces Chapter 2-A of Title III of Book VII of the Code of Civil Procedure, which outlines definitions and procedures for post-conviction relief applications, including the appointment of counsel, time limitations, and burdens of proof. The new chapter emphasizes the preservation of evidence for DNA testing and establishes guidelines for the testing process.

Additionally, the bill focuses on claims of factual innocence, allowing petitioners to seek relief based on new evidence not available during their trial, with specific provisions for filing deadlines. It establishes the DNA Testing Post-Conviction Relief for Indigents Fund to cover testing costs for indigent petitioners. The bill also details procedural requirements for filing applications, including the necessity for petitioners to actively pursue their claims, and mandates preliminary reviews by the court. It clarifies the responsibilities of the attorney general and district attorneys, sets strict time limitations for filing, and introduces significant amendments for capital cases, including the appointment of counsel for indigent defendants. Overall, the bill aims to enhance the integrity of the justice system by providing a clearer and more efficient pathway for individuals claiming factual innocence to seek relief.

Statutes affected:
HB572 Original: