Amendment vs bill House Floor Amendment, #5215, Melerine, Rejected vs Enrolled

Struck = removed from the bill · added = the amendment's new text.

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Regular Session ENROLLED SENATE BILL NO.
HFASB125 4274 5215 FOR OFFICE USE ONLY HOUSE FLOOR AMENDMENTS Regular Session Amendments proposed byRepresentative Melerine to Reengrossed Senate Bill No.
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.
125 by Senator Boudreaux AMENDMENT NO.
15:572.8(H)(2) and (Q), relative to reprieve and pardons of convicted persons;
1 On page 1, line 2, after "(Q)" and before the comma "," insert "and to enact R.S.
to provide for compensation for wrongful conviction and imprisonment;
15:572.8(T)" AMENDMENT NO.
to provide for deadline to file for supplemental compensation;
2 On page 1, at the end of line 4, insert "provide relative to the election of relief;
to provide for an effective date;
to" AMENDMENT NO.
to provide relative to implementation;
3 On page 1, line 7, after "reenacted" and before "to" insert "and R.S.
and to provide for related matters.
15:572.8(T) is hereby enacted" AMENDMENT NO.
Be it enacted by the Legislature of Louisiana:
4 On page 1, at the beginning of line 12, change "H.(1)" to "H." AMENDMENT NO.
Section 1.
5 On page 2, between lines 24 and 25, insert the following:
R.S.
"T.(1) A petitioner who seeks relief pursuant to this Section is excluded fromseekinganyothercivilactionorclaimagainstthestateoranystateagency that arises from the same conviction, incarceration, or circumstances forming the basis of the petition.
15:572.8(H)(2) and (Q) are hereby amended and reenacted to read as follows:
(2) A petitioner shall, at the time of filing a petition for compensation pursuant to this Section, file a written statement of election indicating whether thepetitionerisseekingreliefpursuanttothisSectionoranyothercivilremedy available under state or federal law.
§572.8.
No petition for compensation that is filed pursuanttothisSectionshallbeconsideredorgrantedunlessthepetitionerhas filed a written statement of election required by this Paragraph.
Compensation forwrongfulconvictionandimprisonment;
(3)(a) A petitioner's election to proceed in accordance with this Section constitutes a waiver of any other civil action or claim against the state or any state agency arising from the same conviction, incarceration, or circumstances forming the basis of the petition.
petition process;
(b) A petitioner's election to pursue another civil remedy constitutes a waiver of eligibility for compensation pursuant to this Section.
compensation;
(4) Any election made pursuant to this Section is irrevocable upon the issuance of a final judgment in the proceeding elected by the petitioner." Page 1 of 1 CODING:
proof;
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
assignment of powers and duties * * * H.(1) * * * (2)(a) Compensation for the physical harm and injury suffered by the petitioner shall be calculated at a rate of twenty-five thousand dollars per year incarcerated, not to exceed a maximum total amount of two hundred fifty thousand dollars, to be paid at a rate of twenty-five thousand dollars annually.
(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:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
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)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,hastheoptionto receivealump sum paymentin theamount of two hundred fifty thousand dollars in lieu of receiving forty thousand dollars annually.
* * * 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.
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.
Anycompensationawardedpursuantto this Subsection shall beawardedat 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.
(B) The provisions of this Section shall become effective upon signature by the Page 2 of 3 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
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.
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.
PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
Page 3 of 3 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.