Abstract: Provides relative to the amount and rate of compensation of persons who are wrongfully
convicted and provides a procedure by which a person who previously received wrongful
conviction compensation may apply for supplemental compensation.
Present law provides that any person who has served, in whole or in part, a sentence of imprisonment
under the laws of this state for a crime for which he was convicted is entitled to receive
compensation if the conviction has been reversed or vacated and the person has proved by clear and
convincing evidence that he is factually innocent of the crime for which he was convicted.
Present law provides that such persons are entitled to receive compensation for the physical harm
and injury suffered by the person in an amount equal to $25,000 per year incarcerated, not to exceed
a maximum total amount of $250,000. Such compensation is payable from the Innocence
Compensation Fund at a rate of $25,000 annually.
Proposed law amends present law to increase the amount of compensation from $25,000 per year
incarcerated to $50,000 per year incarcerated. Proposed law further provides that such
compensation is payable at a rate of $50,000 annually.
Beginning July 1, 2021, proposed law authorizes any petitioner who has been awarded wrongful
conviction compensation by the court on or after Sept. 1, 2005, and prior to July 1, 2021, to file a
petition seeking supplemental compensation in the amount authorized by the provisions of proposed
law. Proposed law requires the petitioner to file the petition seeking supplemental compensation on
or before July 1, 2022, or be forever barred from filing a supplemental petition. Proposed law further
provides that any compensation awarded pursuant to these provisions of proposed law shall be
awarded at a rate of $50,000 annually.
(Amends R.S. 15:572.8(H)(2) and (Q))Statutes affected:
HB92 Original: 15:8(H)(2)