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HB131 • 2026

CRIMINAL/PROCEDURE: Provides relative to post-conviction relief

CRIMINAL/PROCEDURE: Provides relative to post-conviction relief

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Tony Bacala
Last action
2026-05-11
Official status
Signed by the Governor - Act 54
Effective date
Not listed

Plain English Breakdown

The official summary does not provide specific details on how the new rules will operate in practice.

Changes to Post-Conviction Relief Laws

This act changes the rules for filing repetitive applications and sets conditions under which custody or bail can be granted after post-conviction relief is granted.

What This Bill Does

  • Limits when a person can file another application if they had information before but did not use it in earlier court cases.
  • Stops courts from considering claims that were raised during the trial but not pursued on appeal.
  • Adds rules about staying custody or granting bail for someone who gets post-conviction relief until certain conditions are met.

Who It Names or Affects

  • People convicted of crimes in Louisiana
  • Courts handling post-conviction appeals

Terms To Know

Post-Conviction Relief
Legal process where someone who has been convicted can ask for their case to be reviewed after the trial.
Supervisory Jurisdiction
The power of a higher court, like the Louisiana Supreme Court, to review decisions made by lower courts.

Limits and Unknowns

  • Does not specify what happens if someone meets all conditions but still faces delays in their case.
  • Does not provide details on how long it takes for the Louisiana Supreme Court to act after receiving an application.
  • The full text of the amendments is not provided, so some specifics are unclear.

Bill History

  1. 2026-05-11 H

    Effective date: 08/01/2026.

  2. 2026-05-11 H

    Signed by the Governor. Becomes Act No. 54.

  3. 2026-05-07 H

    Sent to the Governor for executive approval.

  4. 2026-05-07 S

    Signed by the President of the Senate.

  5. 2026-05-06 H

    Enrolled and signed by the Speaker of the House.

  6. 2026-05-06 H

    Received from the Senate without amendments.

  7. 2026-05-05 S

    Read by title, passed by a vote of 26 yeas and 10 nays, and ordered returned to the House. Motion to reconsider tabled.

  8. 2026-04-27 S

    Reported without Legislative Bureau amendments. Read by title and passed to third reading and final passage.

  9. 2026-04-22 S

    Read by title and referred to the Legislative Bureau.

  10. 2026-04-21 S

    Reported favorably.

  11. 2026-04-14 S

    Read second time by title and referred to the Committee on Judiciary C.

  12. 2026-04-13 S

    Received in the Senate. Read first time by title and placed on the Calendar for a second reading.

  13. 2026-04-09 H

    Read third time by title, roll called on final passage, yeas 74, nays 21. Finally passed, title adopted, ordered to the Senate.

  14. 2026-04-08 H

    Scheduled for floor debate on 04/09/2026.

  15. 2026-04-07 H

    Read by title, ordered engrossed, passed to 3rd reading.

  16. 2026-04-01 H

    Reported favorably (10-0).

  17. 2026-03-09 H

    Read by title, under the rules, referred to the Committee on Administration of Criminal Justice.

  18. 2026-02-13 H

    First appeared in the Interim Calendar on 2/13/2026.

  19. 2026-02-13 H

    Under the rules, provisionally referred to the Committee on Administration of Criminal Justice.

  20. 2026-02-13 H

    Prefiled.

Official Summary Text

CRIMINAL/PROCEDURE: Provides relative to post-conviction relief

Current Bill Text

Read the full stored bill text
ENROLLED
ACT No. 542026 Regular Session
HOUSE BILL NO. 131
BY REPRESENTATIVE BACALA
1 AN ACT
2 To amend and reenact Code of Criminal Procedure Article 930.4(B) and (C) and to enact
3 Code of Criminal Procedure Article 930.5(C), relative to post-conviction relief; to
4 provide relative to repetitive applications; to provide relative to custody and bail
5 pending retrial; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. Code of Criminal Procedure Article 930.4(B) and (C) are hereby amended
8 and reenacted and Code of Criminal Procedure Article 930.5(C) is hereby enacted to read
9 as follows:
10 Art. 930.4. Jurisdictional bars to relief; repetitive applications
11 * * *
12 B. If the application alleges a claim of which the petitioner had knowledge
13 and inexcusably failed to raise in the proceedings leading to conviction, the court
14 shall deny relief.
15 C. If the application alleges a claim which the petitioner raised in the trial
16 court and inexcusably failed to pursue on appeal, the court shall deny relief.
17 * * *
18 Art. 930.5. Custody pending retrial; bail
19 * * *
20 C. The provisions of Paragraph B of this Article do not apply until a
21 judgment granting post-conviction relief becomes final. If relief is granted, the
22 effect of that judgment shall be stayed until either of the following occurs:
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HB NO. 131 ENROLLED
1 (1) The time period to invoke the supervisory jurisdiction of the Louisiana
2 Supreme Court has expired.
3 (2) The Louisiana Supreme Court, after receipt of a timely application, has
4 taken final action on the matter.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.