Amends existing laws (R.S. 15:572.8) regarding compensation for wrongful convictions.

1.    Eligibility for Compensation:

o  A petitioner qualifies if their conviction is reversed or vacated with a specific finding of "factual innocence" under Code of Criminal Procedure Article 926.2, proven by clear and convincing evidence (scientific or corroborated testimonial) that was unavailable at trial.

2.    Definition of Factual Innocence:

o  The petitioner must not have committed the convicted crime or any related felony, and the new evidence would have likely prevented a guilty verdict.

3.    Procedural Changes:

o  Petitions are filed in the civil district court where the conviction occurred.

o  The district attorney (not the attorney general, unless they prosecuted the case) represents the state.

o  Time extensions for state responses increase from 30 to 60 days.

o  Filing period for claims is reduced from two years to one-year post-reversal/vacation.

4.    Compensation Details:

o  Payments come from the parish of conviction (not the Innocence Compensation Fund in some cases), with no liability for state entities or employees.

o  Includes $80,000 for "loss of life opportunities" (e.g., job training, housing).

o  For awards over $100,000, an annuity option is available with specific conditions.

5.    Exclusivity of Remedy:

o  Filing a petition or receiving compensation waives other legal actions on the same matter.

o  A prior judgment against the state bars compensation under this law.

6.    Funding and Reporting:

o  The Innocence Compensation Fund is established, managed by the Louisiana Commission on Law Enforcement, funded by appropriations and grants.

o  Annual reports are required from courts and the Commission.

This bill tightens eligibility, shifts some financial responsibility to parishes, and establishes compensation as the sole remedy, aiming to streamline and clarify the process for wrongfully convicted individuals in Louisiana.

HOUSE floor amendments technical and [LINK] one allows an electronic copy to be provided with a certified copy upon request, rather than automatically.

HOUSE committee amendments technical in nature

Proposes a statewide revision of court reporter fees in Louisiana. The bill seeks to amend various sections of the Louisiana Revised Statutes to standardize and update the compensation structure for court reporters.

Key provisions of the bill include:

• Transcript Fees in Civil and Non-Indigent Criminal Cases: Court reporters may charge up to $5 per 31- or 32-line page for transcripts, and up to $2 per page for certified copies. These fees are to be set by a majority of the judges in the respective court.
• Transcript Fees in Indigent Criminal Cases: For cases involving indigent defendants, the bill allows court reporters to charge up to $3.50 per 31- or 32-line page for transcripts, and up to $1 per page for certified copies, with fees determined by a majority of the judges.
• Electronic Copies: Court reporters are prohibited from charging fees for providing electronic copies of previously transcribed transcripts.
• Sitting Fees: Salaried court reporters are not permitted to charge a sitting fee in any civil or criminal case.
• Expedited Transcription Fees: The bill introduces additional charges for expedited transcript requests:
• Transcription within 24 hours may incur a fee up to twice the standard per-page rate.
• Transcription within 48 hours may include an additional $3 per page over the standard rate.
• Transcription within five days may include an additional $1 per page over the standard rate.

Furthermore, the bill proposes the repeal of several existing statutes and legislative acts related to court reporter fees, aiming to consolidate and simplify the fee structure across the state.

By implementing these changes, the legislation intends to create a more uniform and transparent system for court reporter compensation throughout Louisiana.

AUTOMATIC INCREASE IN FEES REMOVED

Implications:

Biennial Fee Adjustments:

Starting July 1, 2027, and every two years thereafter, the fees specified will increase by 4%.

Proposes amendments to the fee structure for private contract security companies as regulated by the Louisiana State Board of Private Security Examiners.

Proposed Fee Adjustments:

• Company License Fees:
• Initial company license fee set at $500.
• Company license renewal fee set at $410.
• Guard Registration Fees:
• Initial guard registration fee set at $75.
• Guard registration renewal fee set at $65.
• Instructor License Fees:
• Classroom instructor license or renewal fee set at $110.
• Baton instructor license or renewal fee set at $130.
• Firearms instructor license or renewal fee set at $160.
• Miscellaneous Fees:
• Company/instructor examination fee set at $60.
• Status change, transfer, or reinstatement fee set at $30.

HOUSE committee amendments except Amendment 3 [Linked] which changes the manner of electronic submissions.

Modifies the procedure for handling post-sentence statements and documents under Code of Criminal Procedure Article 892(C). It mandates that for felony convictions, the clerk of court of the sentencing court must electronically submit required statements and documents (e.g., sheriff’s custody statement, indictment copy, Uniform Sentencing Commitment Order) to the Department of Public Safety and Corrections (DPS&C). The DPS&C secretary is authorized to adopt rules via the Administrative Procedure Act to implement this process. The bill maintains the existing requirement that these documents physically accompany defendants transferred to penal or mental institutions.

Current Law (C)(1): Unchanged—statements and documents must physically accompany defendants to institutions and be handed to the officer in charge upon admission.

• New Provision (C)(2): For felony convictions committed to DPS&C custody:
• The clerk of court must electronically submit all required documents to DPS&C.
• Submission method is determined by DPS&C’s secretary.
• The secretary can promulgate rules to ensure compliance, following the Administrative Procedure Act.
• Applies specifically to felony convictions under DPS&C oversight, not all sentences.
• Mandates clerks of court to send sheriff-prepared statements and other documents electronically to DPS&C and allows rule-making to support this.
• Builds on existing law by adding an electronic submission requirement for felony cases.
• Efficiency: Electronic submission streamlines communication between courts and DPS&C, reducing reliance on physical document transfers for felony cases.
• Modernization: Aligns criminal procedure with digital record-keeping trends, potentially cutting delays and costs.
• Clarity: Ensures DPS&C receives critical sentencing information (e.g., time in custody, sentencing orders) promptly for felony offenders under its jurisdiction.
• Operational: Courts and DPS&C will need to coordinate electronic systems, possibly necessitating upgrades or standardization.
• Legal: Ensures DPS&C has immediate access to sentencing data, which could improve record accuracy and compliance with sentencing terms.
• Practical: May reduce errors or lost documents, though rural clerks with limited resources might struggle to comply initially.

Amends procedures related to capital punishment in Louisiana. The key changes include:

1.    Warrant Issuance and Notification: Sheriffs must serve execution warrants on the Department of Public Safety and Corrections (DPS&C). A copy of the warrant must be sent to the condemned person and the governor.

2.    Execution Date Reset Procedures: When a stay of execution or reprieve ends, the trial court must reset the execution date within 30-45 days. If a stay is lifted before the set expiration period, the original execution date can proceed.

3.    Witnesses at Executions: Replaces the requirement for a priest or minister with a broader "spiritual advisor." Removes the specified number of witnesses (previously 5-7) and allows the DPS&C secretary to determine the appropriate number.

4.    Execution Time Window: Changes the permissible execution time from 6:00-9:00 p.m. to 4:00-9:00 p.m.

5.    Repeals R.S. 15:569.1: Removes a redundant provision about execution timing.

The act takes effect upon gubernatorial signature or lapse of time for gubernatorial action.

Implications:

1. Saves taxpayer money by ending automatic payouts.
2. Reduces risk of false or questionable claims and technicalities
3. Exonerees can still sue under regular civil law.

Repeals Louisiana’s Innocence Compensation Fund.

Amends Louisiana Department of Transportation and Development (DOTD) administrative rules related to outdoor advertising. It increases spacing requirements for outdoor advertising signs, prohibits stacking (signs placed one above another), and establishes conditions for maintaining existing stacked signs as nonconforming structures.

Key Provisions: 

- Prohibits erecting new stacked outdoor advertising signs after July 31, 2025; existing stacked signs become legal nonconforming signs.

- Increases spacing of outdoor signs from 500 ft. to 1000 ft. near interchanges, intersections, and rest areas outside cities on Interstate highways and Federal-Aid Primary highways.

- Increases required spacing between signs from 300 ft. to 1000 ft. on non-freeway Federal-Aid highways outside cities, and from 100 ft. to 1000 ft. within cities.

- Requires damaged nonconforming stacked signs (existing before July 31, 2025) to be repaired only as single-sign structures.

- Prohibits issuing permits for new stacked display signs after July 31, 2025, while applying specific requirements to grandfathered stacked signs.

- Repeals previous rule provisions related to qualifying stacked sign structures and changeable message signs.