SLS 26RS-418 REENGROSSED Regular Session ENROLLED SENATE BILL NO.
125 BY SENATORS BOUDREAUX, ABRAHAMABRAHAM, BARROW, BARTHELEMY, CARTER, DUPLESSIS,HARRIS,JACKSON-ANDREWS,JENKINS,LUNEAU, MIZELL AND BARROWPRICE CRIMINALAND PROCEDURE.REPRESENTATIVES ADAMS, AMEDEE, BAMBURG, BAYHAM, BERAULT, BILLINGS, BOUDREAUX, BOYD, BOYER, BRASS, BRYANT, BUTLER, CARPENTER, CARRIER, ROBBY CARTER, WILFORD CARTER, CARVER, CHASSION, CHENEVERT,COX,DEVILLIER, DEWITT, ECHOLS, EDMONSTON, EGAN, FISHER, FREEMAN, FREIBERG, GALLE,GLORIOSO,GREEN,HEBERT,DANAHENRY,HORTON, JACKSON, TRAVIS JOHNSON, JORDAN, KNOX, LACOMBE, LAFLEUR, JACOB LANDRY, MANDIE LANDRY, TERRY LANDRY, LARVADAIN, LYONS, MARCELLE, MARTINEZ, MELERINE, MENA, MILLER, MOORE, MURRAY, NEWELL, OWEN,PHELPS,RISER,SAWYER,SCHAMERHORN,SCHLEGEL, SPELL, STAGNI, TAYLOR, VENTRELLA, WRIGHT, WYBLE, YOUNG AND ZERINGUE AN ACT To amend and reenact R.S.
Increases the compensation cap for the wrongful conviction compensation law.
(8/1/26) AN ACT To amend and reenact R.S.
to provide for an effective date;
Compensation forwrongfulconvictionandimprisonment;petitionprocess;forwrongfulconvictionandimprisonment;
petition process;
(b)AfterJuly1,2022,throughJuly31,2026,compensationforthephysical(b) After July 1, 2022, through July thirty-first of the calendar year in which this Act becomes effective, compensation for the physical harm and injury Page 1 of 3 Coding:
SLS 26RS-418 REENGROSSED SB NO.
125 harmENROLLED and injury suffered by the petitioner shall be calculated at a rate of forty thousand dollars per year incarcerated,incarcerated,not not to exceed a maximum total amount of fourhundredthousanddollars,tobepaidatarateoffortythousanddollarsannually.four hundred thousand dollars, to be paid at a rate of fortythousand dollars annually.
(c)(c)BeginningAugustfirstofthecalendaryearinwhichthisActbecomes Beginningeffective, August 1, 2026, compensation for the physical harm and injury suffered by the petitioner shall be calculated at a rate of forty thousand dollars per year incarcerated, not to exceed a maximum total amount of six hundred thousand dollars, to be paid at a rate of forty thousand dollars annually.
(d) Any petitioner who has not previously been awarded compensation pursuant to the provisions of this Section who files a petition seeking compensation on orafterJuly1,2022,hastheoptionorafterJuly1, to2022,hastheoptionto receivealump sum paymentin theamount of two hundred fifty thousand dollars in lieu of receiving forty thousand dollars annually.
* * * Q.Q.BeginningJuly1,2022, August first of the calendar yearin which this Act becomes effective, any petitioner who has been awarded compensation by the court pursuant to the provisions of this Section, on or after September 1, 2005, and priortoJuly1,2022,Augustfirstof thecalendaryearin which this Actbecomes effective, may file a petition seeking supplemental compensation in the amount authorized by the provisions of Subparagraph (H)(2)(b)(c) of this Section.
BeginningThe Julypetitioner 1,shall 2022file Augusta 1,petition 2026,seeking anysupplemental petitioner who has been awarded compensation bythe court pursuant to the provisions of this Section, on or afterbefore September 1, 2005, and prior to July 1, 20222023, August 1,first 2026,of may file a petition seeking supplemental compensation in the amountcalendar authorizedyear byfollowing the provisionscalendar ofyear Subparagraphin (H)(2)(b)(c)which ofthisActbecomeseffective,orbeforeverbarredfromfilingasupplementalpetition. this Section.
TheAnycompensationawardedpursuantto petitionerthis Subsection shall filebeawardedat a petitionrate seekingof supplementalforty compensationthousand ondollars orannually. before July 1, 2023 August 1, 2027, or be forever barred from filing a supplemental petition.
Any* compensation* awarded* pursuantSection to2.(A) The provisions of Section 1 of this SubsectionAct shall bebecome awardedeffective atwhen an Act of the Louisiana Legislature containing a ratespecific appropriation of fortymonies thousandfor dollarsthe annually.implementation of the provisions of this Act becomes effective.
*(B) *The *provisions of this Section 2.shall become effective upon signature by the Page 2 of 3 Coding:
Implementation of the provisions of this Act shall be subject to the appropriation of funds by the legislature for this purpose.
Page 2 of 3 Coding:
SLS 26RS-418 REENGROSSED SB NO.
125 TheENROLLED originalgovernor instrumentor, andif thenot followingsigned digest,by whichthe constitutesgovernor, noupon partexpiration of the legislativetime instrument,for werebills preparedto bySenatebecome Legislativelaw Services.without signature by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.
TheIf keyword,vetoed summary,by the governor and digestsubsequently doapproved notby constitutethe partlegislature, the provisions of thethis lawSection orshall proofbecome oreffective indiciaon ofthe legislativeday intent.following such approval.
[R.S.PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
1:13(B) and 24:177(E)] DIGEST SB 125 Reengrossed 2026 Regular Session Boudreaux Present law requires that after July 1, 2022, compensation for the physical harm and injury suffered by the petitioner be calculated at a rate of $40,000 per year incarcerated, not to exceed a maximum total amount of $400,000, to be paid at a rate of $40,000 annually.
Proposed law retains present law regarding the rate of $40,000 per year, but increases the lifetime cap of $400,000.
Present law authorizes that beginning July 1, 2022, any petitioner who has been awarded compensation by the court pursuant to the provisions of present law, on or after September 1, 2005, and prior to July 1, 2022, to file a petition seeking supplemental compensation in the amount authorized by present law.
Proposed law authorizes that beginning August 1, 2026, any petitioner who has been awarded compensation by the court pursuant to the provisions of proposed law, on or after September 1, 2005, and prior to August 1, 2026, to file a petition seeking supplemental compensation in the amount authorized by proposed law.
Present law requires the petitioner to file a petition seeking supplemental compensation on or before July 1, 2023, or be forever barred from filinga supplemental petition.
Proposed law requires the petitioner to file a petition seeking supplemental compensation on or before August 1, 2027, or be forever barred from filing a supplemental petition.
Implementation of the provisions of proposed law shall be subject to the appropriation of funds by the legislature for this purpose.
Effective August 1, 2026.
(Amends R.S.
15:572.8(H)(2) and (Q)) Summary of Amendments Adopted by Senate Committee Amendments Proposed by Senate Committee on Finance to the engrossed bill 1.
Provide that implementation of proposed law shall be subject to the appropriation of funds by the legislature for this purpose.
2.
Make technical changes.