House Bill No. 336, introduced by Representative Mike Johnson, aims to establish new procedures for handling unexhausted claims in post-conviction relief applications. The bill enacts Code of Criminal Procedure Article 927.2, which requires petitioners to submit unexhausted claims to the state district court within thirty days of receiving a stay from a federal court, provided that the petitioner has not previously raised the claim in state court but has done so in a federal habeas corpus petition. The bill outlines specific requirements that must be met for an application raising an unexhausted claim, including demonstrating good cause for not raising the claim earlier, ensuring the claim is not without merit, and confirming that the petitioner has not engaged in dilatory tactics.
Additionally, the bill mandates that if a petitioner fails to meet any of the outlined requirements, their application will be dismissed. It also stipulates that the state district court must expedite the consideration and resolution of unexhausted claims, and if the Louisiana Supreme Court is involved, it must prioritize and expedite its review of such claims. The provisions of existing law regarding the abandonment of applications will also apply to those filed under this new article.