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SLS 26RS-418 REENGROSSED Regular Session SENATE BILL NO.
Regular Session ENROLLED SENATE BILL NO.
125 BY SENATORS BOUDREAUX, ABRAHAM AND BARROW CRIMINAL PROCEDURE.
125 BY SENATORS BOUDREAUX, ABRAHAM, BARROW, BARTHELEMY, CARTER, DUPLESSIS,HARRIS,JACKSON-ANDREWS,JENKINS,LUNEAU, MIZELL AND PRICE AND 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;
Compensation forwrongfulconvictionandimprisonment;
petition process;
(b)AfterJuly1,2022,throughJuly31,2026,compensationforthephysical Page 1 of 3 Coding:
(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.
SB NO.
125 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 fourhundredthousanddollars,tobepaidatarateoffortythousanddollarsannually.
125 ENROLLED 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 four hundred thousand dollars, to be paid at a rate of fortythousand dollars annually.
(c) Beginning 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.
(c)BeginningAugustfirstofthecalendaryearinwhichthisActbecomes effective, 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,hastheoption to receivealump sum paymentin theamount of two hundred fifty thousand dollars in lieu of receiving 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,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.
Beginning July 1, 2022 August 1, 2026, any petitioner who has been awarded compensation bythe court pursuant to the provisions of this Section, on or after September 1, 2005, and prior to July 1, 2022 August 1, 2026, may file a petition seeking supplemental compensation in the amount authorized by the provisions of Subparagraph (H)(2)(b)(c) of this Section.
The petitioner shall file a petition seeking supplemental compensation on or before July 1, 2023, August first of the calendar year following the calendar year in which thisActbecomeseffective,orbeforeverbarredfromfilingasupplementalpetition.
The petitioner shall file a petition seeking supplemental compensation on or before July 1, 2023 August 1, 2027, or be forever barred from filing a supplemental petition.
Anycompensationawardedpursuantto this Subsection shall beawardedat a rate of forty thousand dollars annually.
Any compensation awarded pursuant to this Subsection shall be awarded at a rate of forty thousand dollars annually.
* * * Section 2.(A) The provisions of Section 1 of this Act shall become effective when an Act of the Louisiana Legislature containing a specific appropriation of monies for the implementation of the provisions of this Act becomes effective.
* * * Section 2.
(B) The provisions of this Section 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.
SB NO.
125 The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared bySenate Legislative Services.
125 ENROLLED governor or, if not signed by the governor, upon expiration of the time for bills to become law without signature by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.
The keyword, summary, and digest do not constitute part of the law or proof or indicia of legislative intent.
If vetoed by the governor and subsequently approved by the legislature, the provisions of this Section shall become effective on the day 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.
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