HB 675: CRIMINAL/PROCEDURE: Provides relative to post conviction relief (EN INCREASE GF EX See Note) - Louisiana

HB675 Original → HB675 Act · 5 edits

MODERATE

The bill was finalized into an enrolled act, updating the list of sponsors and streamlining the legislative text. Substantively, it reorganized the Code of Criminal Procedure to clarify definitions of 'post conviction relief' and 'shell petitions.' It introduced a specific exception allowing claims of factual innocence to bypass standard time limits if filed by a certain date, while simultaneously establishing a future cutoff date (August 1, 2025) after which defendants pleading guilty will lose the right to claim factual innocence.

Scope change

The bill's scope shifted from a draft proposal to an enacted law, with specific eligibility criteria for factual innocence claims now defined by trial date and plea type.

TECHNICAL

The document format changed from a draft bill to an enrolled act, updating the header to reflect the final version with all sponsoring representatives listed.

DEFINITION

Definitions for 'post conviction relief' and 'shell petition' were added or clarified to standardize how these legal procedures are understood.

TIMELINE

A specific deadline of December 31, 2022, was added as a cutoff date for filing factual innocence claims to avoid standard time limits.

ELIGIBILITY

A new eligibility restriction was added stating that defendants who plead guilty on or after August 1, 2025, are no longer entitled to claim factual innocence.

REQUIREMENT

The bill now explicitly allows recantation of prior sworn testimony as grounds for relief, provided it is corroborated by other evidence.

HB675 Enrolled → HB675 Original · 8 edits

MODERATE

The bill was renumbered from an enrolled version to an original draft, and its scope was significantly expanded to include the correction of illegal sentences under a new Article 882. The substantive text for post-conviction relief was reorganized, with definitions and eligibility criteria being moved or renumbered, while the core requirements for filing petitions and serving documents remain largely consistent.

Scope change

The bill's scope was expanded to explicitly include the correction of illegal sentences in addition to post-conviction relief procedures.

TECHNICAL

The document header was changed from 'ENROLLED' to 'ORIGINAL', and the bill number was updated from HLS 25RS-1395 to reflect the original draft status.

SCOPE

A new provision was added to allow courts to correct illegal sentences at any time or within one year, expanding the bill's reach beyond just post-conviction relief.

REQUIREMENT

The list of articles being amended and reenacted was updated to include the new Article 882 and to reflect the new numbering of existing articles.

The petition requirements were renumbered and slightly rephrased, though the substantive content regarding what must be alleged remains similar.

The eligibility criteria for post-conviction relief were renumbered and rephrased, maintaining the requirement that the petitioner be in custody or under supervision.

The service requirements for petitions were renumbered and rephrased to ensure the attorney general and district attorney are notified.

The provisions regarding factual innocence were renumbered and rephrased, with the core eligibility rules for claiming factual innocence remaining intact.

DEFINITION

The definitions section was renumbered and reorganized, moving the definition of 'post conviction relief' to a new Article 924.

HB675 Reengrossed → HB675 Enrolled · 4 edits · Jun 20, 2025

MODERATE

The bill was finalized as an enrolled version, removing internal drafting notes and formatting placeholders. Substantively, the text defines 'post conviction relief' as a legal process for challenging a conviction after a sentence is final. It establishes eligibility criteria, requiring the petitioner to be currently serving a sentence or under supervision, and mandates that applications filed after sentence completion be dismissed. The text also introduces a 'shell petition' definition for petitions lacking fully briefed claims and sets a specific deadline of December 31, 2022, for filing factual innocence claims to bypass standard time limits.

Scope change

The bill's scope is defined as post-conviction relief proceedings, specifically focusing on habeas corpus and collateral actions to test the legality of detention after a sentence becomes final.

DEFINITION

Added specific definitions for 'post conviction relief' and 'shell petition' to clarify the legal process and petition requirements.

ELIGIBILITY

Established eligibility criteria requiring the petitioner to be currently serving a sentence or under supervision, with a dismissal rule for applications filed after sentence completion.

TIMELINE

Set a specific deadline of December 31, 2022, for filing factual innocence claims to avoid standard time limitations.

TECHNICAL

Converted the text from a reengrossed draft with internal coding notes to a clean enrolled version ready for signature.

HB675 Engrossed → HB675 Reengrossed · 3 edits · Jun 9, 2025

MINOR

The bill was reengrossed to add multiple co-sponsors and update the official title to reflect new procedural steps. Substantively, the text adds a new article for 'factual innocence' claims, allowing individuals to seek relief based on being factually innocent even if standard time limits have passed, provided they filed an initial application by December 31, 2022.

Scope change

The bill's scope expanded to include a specific legal pathway for 'factual innocence' claims, which was not present in the previous version.

ELIGIBILITY

Added a new provision allowing post-conviction relief for individuals claiming factual innocence, even if standard time limits have expired, as long as they filed an initial application by December 31, 2022.

REQUIREMENT

Updated the list of co-sponsors from a single representative to a group of representatives.

TECHNICAL

Revised the bill's title to include new procedural steps such as applications, motions, and judgments.

CRIMINAL/PROCEDURE: Provides relative to post conviction relief (EN INCREASE GF EX See Note)

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