The bill introduced by Representative Glorioso amends the Code of Criminal Procedure to enhance the post-conviction relief process in Louisiana. Key provisions include establishing a one-year timeframe for correcting illegal sentences, defining terms such as "post conviction relief" and "shell petition," and requiring petitions to include specific allegations and prior applications. The bill outlines the roles of the court, district attorney, and attorney general, including the appointment of counsel in certain cases and the dismissal of frivolous or procedurally barred applications. It also introduces new rules regarding the abandonment of applications, stating that failure to pursue a ruling for two years will lead to dismissal, and clarifies that the burden of proof lies with the petitioner.

Additionally, the bill reduces the time limit for filing post-conviction relief applications from two years to one year after a judgment becomes final, with specific exceptions. It emphasizes that claims deemed frivolous or procedurally barred will be dismissed and that a recantation of prior testimony alone cannot justify relief. The legislation also modifies the timeframes for district attorneys to file procedural objections, extends the timeline for hearings, and mandates the enrollment of attorneys for defendants sentenced to death within a specified period. Overall, the bill aims to streamline the post-conviction relief process while ensuring strict adherence to procedural requirements and timely adjudication of claims.

Statutes affected:
HB675 Original:
HB675 Engrossed: