House Bill No. [insert bill number] seeks to amend and reenact the provisions related to post-conviction relief in Louisiana, specifically modifying Code of Criminal Procedure Article 882(A) to limit the court's ability to correct an illegal sentence to within one year after the judgment has become final, as opposed to allowing corrections at any time. The bill introduces a new Chapter 2-A in the Code of Civil Procedure, which establishes definitions, procedures, and requirements for post-conviction relief applications, including the appointment of counsel in certain cases and the imposition of time limitations and burdens of proof. It also includes provisions for DNA testing applications, allowing individuals convicted of felonies to request testing of unknown samples until August 31, 2030, while ensuring the preservation of biological evidence throughout the process.

Additionally, the bill emphasizes claims of factual innocence, allowing petitioners to seek relief based on new, reliable evidence not available during their trial, with specific provisions for indigent petitioners to access DNA testing through a dedicated fund. It outlines procedural requirements for filing applications, including the necessity for petitioners to actively pursue their claims, and mandates preliminary court reviews of all petitions. The bill also establishes the burden of proof for petitioners and sets strict time limits for filing applications, while ensuring that procedural objections are addressed before evidentiary hearings. In capital cases, it specifies timelines for the attorney general to file objections and mandates timely rulings from appellate courts, thereby streamlining the post-conviction relief process and enhancing the integrity of the justice system.

Statutes affected:
HB572 Original: