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ENROLLED
2026 Regular Session
HOUSE BILL NO. 969
BY REPRESENTATIVE WILEY
1 AN ACT
2 To amend and reenact R.S. 4:176(B), R.S. 10:9-406(i) and 9-408(f), R.S. 15:574.4.2(C)(1),
3 705(C)(3)(a) and (D)(3), 874(7), 875(E), and 1223, R.S. 27:94(C), 252(C), 394(C),
4 and 610(A)(3)(c), R.S. 32:865(B)(2), R.S. 36:4(B)(11)(b), R.S.
5 40:1216.1(A)(introductory paragraph) and (6)(introductory paragraph) and (b), R.S.
6 44:4(28), the heading of Chapter 21 of Title 46 of the Louisiana Revised Statutes of
7 1950, R.S. 46:1801, 1802(introductory paragraph), (1) through (4), (5)(introductory
8 paragraph), (a) through (c), (e), and (f), and (6) through (15), 1803 through 1806,
9 1807(A), (B), (C), (D)(1), and (F), 1808, 1809(A), (B), (C), (D)(1)(introductory
10 paragraph) and (b) and (2), and (E), 1810, 1811(A), (B), and (C), 1812 through 1815,
11 1816(A), (B)(introductory paragraph), (4), (5), and (8), (C), (D)(1)(b) and (2), and
12 (E)(2), 1817(A) and (B), 1818 through 1822, 1842(introductory paragraph) and (9),
13 1844(V) and (W)(1)(a), (3), and (5)(a) and (c), 1851, 1852(D), and 1853(A),
14 (B)(introductory paragraph) and (2), and (C), Code of Criminal Procedure Article
15 890.2(D), Children's Code Articles 811.1(A)(introductory paragraph) and (7) and
16 811.2(D), to enact R.S. 46:1802(5)(h) and (16) through (20), and to repeal Chapter
17 21-A of Title 46 of the Louisiana Revised Statutes of 1950, comprised of R.S.
18 46:1831.1 through 1831.16, relative to compensation for victims of criminal
19 offenses; to change all references of the "Crime Victims Reparations Fund" to
20 "Crime Victims' Compensation Fund", "Crime Victims Reparations Board" to
21 "Crime Victims' Compensation Board", and "reparations" to "compensation"; to
22 provide for definitions; to provide for applicable crimes; to provide for duties,
23 powers, and procedures of the board; to provide for applications and eligibility; to
24 provide for award amounts and criteria; to provide for prohibitions; to provide for
25 duties of the Louisiana Commission on Law Enforcement and Administration of
26 Criminal Justice; to provide for duties of the attorney general; to provide for
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1 penalties; to provide relative to reimbursements; to repeal the Victims of Vehicular
2 Homicide Act; and to provide for related matters.
3 Be it enacted by the Legislature of Louisiana:
4 Section 1. R.S. 4:176(B) is hereby amended and reenacted to read as follows:
5 §176. Limitation of time for presenting pari-mutuel tickets and disposition of
6 unclaimed monies
7 * * *
8 B. The sum held by any licensee for payment of outstanding winning
9 pari-mutuel tickets and for refunding the price of pari-mutuel tickets shall be retained
10 by such licensee for such purpose until the expiration of ninety days after the close
11 of the race meeting conducted by the licensee. One hundred days after the close of
12 any race meeting, the licensee shall each day accumulate the amount equal to the
13 sum of the unclaimed monies that expire that day. On or before the fifteenth day of
14 the first month following the end of a calendar-year quarter, the licensee shall remit
15 less the amount of state tax paid by the licensee on such unclaimed monies, to the
16 state treasurer for deposit into the Crime Victims Reparations Victims'
17 Compensation Fund as provided for in R.S. 46:1816(B)(8) an amount equal to the
18 accumulated total for the previous calendar-year quarter. Such funds shall be used
19 exclusively to pay the expenses associated with health care healthcare services of
20 victims of sexually oriented criminal offenses, including forensic medical
21 examinations as defined in R.S. 15:622.
22 * * *
23 Section 2. R.S. 10:9-406(i) and 9-408(f) are hereby amended and reenacted to read
24 as follows:
25 §9-406. Discharge of account debtor; notification of assignment; identification and
26 proof of assignment; restrictions on assignment of accounts, chattel paper,
27 payment intangibles, and promissory notes ineffective
28 * * *
29 (i) Inapplicability. This Section does not apply to an assignment of a health-
30 care-insurance receivable. This Section further does not apply to an assignment of
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1 any pension, disability, annuity, retirement or other benefit, distribution or allowance
2 right or payment from any governmental retirement system or pension fund or any
3 other governmental unit, workers' compensation claims or payments, unemployment
4 compensation benefits, public assistance payments, crime victim reparations
5 compensation, or lottery payments.
6 * * *
7 §9-408. Restrictions on assignment of promissory notes, health-care-insurance
8 receivables, and certain general intangibles ineffective
9 * * *
10 (f) Inapplicability. This Section does not apply to an assignment of any
11 pension, disability, annuity, retirement or other benefit, distribution or allowance
12 right or payment from any governmental retirement system or pension fund or any
13 other governmental unit, workers' compensation claims or payments, unemployment
14 compensation benefits, public assistance payments, crime victim reparations
15 compensation, or lottery payments.
16 * * *
17 Section 3. R.S. 15:574.4.2(C)(1), 705(C)(3)(a) and (D)(3), 874(7), 875(E), and 1223
18 are hereby amended and reenacted to read as follows:
19 §574.4.2. Decisions of committee on parole; nature, order, and conditions of parole;
20 rules of conduct; infectious disease testing
21 * * *
22 C.(1)(a) When a victim of the crime for which parole is being considered has
23 suffered a direct pecuniary loss other than damage to or loss of property, the parole
24 committee may impose as a condition of parole that restitution be made to the victim.
25 When such a condition is imposed, the committee shall consider the defendant's
26 ability to pay and shall not revoke parole based upon this condition unless the
27 parolee has willfully failed to comply. When the victim's loss consists of damage to
28 or loss of property, the committee shall impose as a condition of parole payment of
29 restitution, either in a lump sum or in monthly installments based on the earning
30 capacity and assets of the defendant. If the victim was paid for such property loss
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1 or damage with monies from the Crime Victims Reparations Victims' Compensation
2 Fund, the committee shall order the parolee to make such payments as
3 reimbursement to the fund in the same amount as was paid from the fund to the
4 victim. This condition of parole shall continue until such time as the restitution is
5 paid or the parolee is discharged from parole in accordance with R.S. 15:574.6.
6 (b) If restitution to the victim is ordered as a condition of parole in
7 accordance with the provisions of this Subsection and the victim cannot be located
8 by the probation and parole officer within one year after the condition is imposed,
9 the defendant shall direct the restitution payments to the Crime Victims Reparations
10 Victims' Compensation Fund as provided for in R.S. 46:1816.
11 * * *
12 §705. Food and clothing provisions for prisoners; payment of incarceration
13 expenses; payment of medical expenses; imposition of restitution on
14 offenders
15 * * *
16 C.
17 * * *
18 (3)(a) Each governing authority shall establish written rules for the collection
19 of such expenses from the inmate, including freezing assets in his drawing account
20 and prohibiting withdrawals therefrom until the expenses are paid. The drawing
21 account may be frozen regardless of the source of the assets contained therein.
22 Notwithstanding any other law to the contrary, the governing authority shall
23 promulgate rules and regulations regarding reimbursement by the inmate for medical
24 expenses incurred by the governing authority for the inmate's treatment, including
25 a requirement that the inmate file a claim with his private medical or health care
26 healthcare insurer or any public medical assistance program, under which he is
27 covered and from which the inmate may make a claim for payment or reimbursement
28 of the cost of any such medical treatment. This Subsection shall does not prohibit
29 the withdrawal of funds for the purpose of payments under the Crime Victims
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1 Reparations Victims' Compensation Act, court costs as authorized by law, and other
2 withdrawals specifically authorized by the sheriff, in that order.
3 * * *
4 D.
5 * * *
6 (3) Each law enforcement district may adopt an ordinance authorizing the
7 chief law enforcement officer of the district to collect such restitution from the
8 inmate. The ordinance may provide for the freezing of assets in his drawing account
9 and prohibit withdrawals therefrom until the expenses are paid. The drawing
10 account may be frozen regardless of the source of the assets contained therein in the
11 account. This Subsection shall does not prohibit the withdrawal of funds for the
12 purpose of payments under the Crime Victims Reparations Victims' Compensation
13 Act, court costs as authorized by law, other payments required by the sentencing
14 judge, and other withdrawals specifically authorized by the chief law enforcement
15 officer of the district, in that order.
16 * * *
17 §874. Compensation account
18 The inmate's compensation account shall be handled and accounted for as
19 follows:
20 * * *
21 (7) Upon presentation to the Department of Public Safety and Corrections
22 of a court order or a certified copy of an extract of the minutes of a court proceeding
23 showing that an inmate was convicted and was assessed court costs, along with a
24 letter from the sheriff itemizing the costs assessed and verifying which of the costs
25 were not paid, the department shall withdraw funds from any of the inmate's
26 accounts for the payment of court costs due. All collected funds so collected shall
27 be forwarded to the court that assessed the costs; however, if the inmate has not paid
28 the costs assessed in accordance with the Crime Victims Reparations Victims'
29 Compensation Act, R.S. 46:1801, et seq., those costs shall be collected and shall be
30 credited directly to the Crime Victims Reparations Victims' Compensation Fund,
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1 R.S. 46:1816, after all other costs are paid. The department shall notify the court if
2 the costs for the Crime Victims Reparations Victims' Compensation Fund have been
3 collected. The funds in an inmate's accounts shall not be reduced by more than
4 seventy-five percent in accordance with this Section.
5 * * *
6 §875. Imposition of restitution on offenders; procedures
7 * * *
8 E. The amount of restitution may be obtained from an offender by freezing
9 assets in his drawing and savings account and prohibiting withdrawals therefrom
10 until the restitution is paid, whether from these accounts or from any other source by
11 any other appropriate means. The accounts may be frozen regardless of the source
12 of the assets contained therein and specifically including any assets of a juvenile sent
13 to him by his parent or guardian and placed in his accounts. This Subsection shall
14 does not prohibit the withdrawal of funds for the purpose of payments under the
15 Crime Victims Reparations Victims' Compensation Act, court costs as authorized by
16 law, and other withdrawals specifically authorized by the warden or by the
17 superintendent if the warden is unavailable, in that order.
18 * * *
19 §1223. Crime Victims Reparations Victims' Compensation Board
20 The Crime Victims Reparations Victims' Compensation Board as further
21 provided for in Chapter 21 of Title 46 of the Louisiana Revised Statutes of 1950 is
22 hereby placed under the jurisdiction of the Louisiana Commission on Law
23 Enforcement and Administration of Criminal Justice.
24 Section 4. R.S. 27:94(C), 252(C), 394(C), and 610(A)(3)(c) are hereby amended and
25 reenacted to read as follows:
26 §94. Ninety-day time period to claim jackpot ticket; collection and use of funds
27 * * *
28 C. After such time, the licensee shall each day accumulate the amount equal
29 to the sum of any unclaimed monies, less the amount of state tax paid by the licensee
30 on the unclaimed monies that expire that day. On or before the fifteenth day of the
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1 first month following the end of a calendar-year quarter, the licensee shall remit to
2 the state treasurer for deposit into the Crime Victims Reparations Victims'
3 Compensation Fund as provided for in R.S. 46:1816(B)(8) an amount equal to the
4 accumulated total for the previous calendar-year quarter. The funds shall be used
5 exclusively to pay the expenses associated with health care healthcare services of
6 victims of sexually oriented criminal offenses, including forensic medical
7 examinations as defined in R.S. 15:622.
8 * * *
9 §252. Ninety-day time period to claim jackpot ticket; collection and use of funds
10 * * *
11 C. After such time, the licensee shall each day accumulate the amount equal
12 to the sum of any unclaimed monies, less the amount of state tax paid by the licensee
13 on the unclaimed monies that expire that day. On or before the fifteenth day of the
14 first month following the end of a calendar-year quarter, the licensee shall remit to
15 the state treasurer for deposit into the Crime Victims Reparations Victims'
16 Compensation Fund as provided for in R.S. 46:1816(B)(8) an amount equal to the
17 accumulated total for the previous calendar-year quarter. The funds shall be used
18 exclusively to pay the expenses associated with health care healthcare services of
19 victims of sexually oriented criminal offenses, including forensic medical
20 examinations as defined in R.S. 15:622.
21 * * *
22 §394. Ninety-day time period to claim jackpot ticket; collection and use of funds
23 * * *
24 C. After such time, the licensee shall each day accumulate the amount equal
25 to the sum of any unclaimed monies, less the amount of state tax paid by the licensee
26 on the unclaimed monies that expire that day. On or before the fifteenth day of the
27 first month following the end of a calendar-year quarter, the licensee shall remit to
28 the state treasurer for deposit into the Crime Victims Reparations Victims'
29 Compensation Fund as provided for in R.S. 46:1816(B)(8) an amount equal to the
30 accumulated total for the previous calendar-year quarter. The funds shall be used
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1 exclusively to pay the expenses associated with health care healthcare services of
2 victims of sexually oriented criminal offenses, including forensic medical
3 examinations as defined in R.S. 15:622.
4 * * *
5 §610. Payment of winnings; collection and use of funds
6 A.
7 * * *
8 (3)
9 * * *
10 (c) After such time, the operator shall each day accumulate the amount equal
11 to the sum of any unclaimed winnings, less the amount of state tax paid by the
12 licensee on the unclaimed monies that expire that day. On or before the fifteenth day
13 of the first month following the end of a calendar-year quarter, the licensee shall
14 remit to the state treasurer for deposit into the Crime Victims Reparations Victims'
15 Compensation Fund as provided for in R.S. 46:1816 an amount equal to the
16 accumulated total for the previous calendar-year quarter. The funds shall be used
17 exclusively to pay the expenses associated with health care healthcare services of
18 victims of sexually oriented criminal offenses, including forensic medical
19 examinations as defined in R.S. 15:622.
20 * * *
21 Section 5. R.S. 32:865(B)(2) is hereby amended and reenacted to read as follows:
22 §865. Criminal sanctions for operating motor vehicle not covered by security
23 * * *
24 B.
25 * * *
26 (2) Notwithstanding Paragraph (1) of this Subsection and except as provided
27 in Paragraph (3) of this Subsection, any person operating a motor vehicle when that
28 person knows the vehicle is not covered by the security required under R.S. 32:861,
29 and any owner allowing a motor vehicle to be operated which is in any way involved
30 in an accident within this state in which any person is killed or injured or in which
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1 damage to the property of any one person in excess of five hundred dollars is
2 sustained, when such motor vehicle is not covered by the security required under
3 R.S. 32:861, the owner thereof knows or has been notified by the department of the
4 absence of the required security, and at least thirty days has elapsed after such
5 knowledge has been acquired or notification received by the owner, shall, upon
6 conviction, be fined not less than one thousand dollars, nor more than ten thousand
7 dollars, shall have the registration of his vehicle revoked for a period of twelve
8 months, shall have his driving privileges suspended for a period of twelve months,
9 and shall be required to perform not less than forty hours nor more than two hundred
10 hours of community service. After deposit in the Bond Security and Redemption
11 Fund, an amount equal to all fines collected under the provisions of this Paragraph
12 shall be credited to the Crime Victims Reparations Victims' Compensation Fund,
13 R.S. 46:1816.
14 * * *
15 Section 6. R.S. 36:4(B)(11)(b) is hereby amended and reenacted to read as follows:
16 §4. Structure of executive branch of state government
17 * * *
18 B. The office of the governor shall be in the executive branch of state
19 government. The governor may allocate within his office the powers, duties, funds,
20 functions, appropriations, responsibilities, and personnel of the agencies within his
21 office and provide for the administration thereof and for the organization of his
22 office. The following agencies and their powers, duties, functions, and
23 responsibilities are hereby transferred to the office of the governor:
24 * * *
25 (11) Louisiana Commission on Law Enforcement and Administration of
26 Criminal Justice ( R.S. 15:1201 et seq.). The following agencies are placed under
27 the jurisdiction of the Louisiana Commission on Law Enforcement and
28 Administration of Criminal Justice:
29 * * *
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1 (b) Crime Victims Reparations Victims' Compensation Board (R.S. 46:1801
2 and R.S. 15:1223).
3 * * *
4 Section 7. R.S. 40:1216.1(A)(introductory paragraph) and (6)(introductory
5 paragraph) and (b) are hereby amended and reenacted to read as follows:
6 §1216.1. Procedures for survivors of a sexually oriented criminal offense;
7 immunity; regional plans; maximum allowable costs; definitions; documents
8 requested by victim
9 A. All licensed hospitals and healthcare providers in Louisiana this state
10 shall offer every sexual assault survivor information to receive the treatment
11 provided for in this Section. A licensed hospital or healthcare provider shall adhere
12 to the following procedures if a person presents for treatment as a sexual assault
13 survivor:
14 * * *
15 (6) The healthcare provider who performed the forensic medical exam
16 examination and the hospital or healthcare facility shall submit a claim for payment
17 for conducting a forensic medical exam examination directly to the Crime Victim
18 Reparations Victims' Compensation Board to be paid in strict accordance with the
19 provisions of R.S. 46:1822. A survivor of a sexually oriented criminal offense shall
20 not be billed directly or indirectly for the performance of any forensic medical exam
21 examination. The provisions of this Paragraph shall not be interpreted or construed
22 to apply to either of the following:
23 * * *
24 (b) A survivor of a sexually oriented criminal offense seeking reparations in
25 accordance with the provisions of the Crime Victims Reparations Victims'
26 Compensation Act, R.S. 46:1801 et seq., for the costs for any medical services that
27 are not specifically set forth in this Section or provided for the diagnosis or treatment
28 of the survivor for injuries related to the sexual assault.
29 * * *
30 Section 8. R.S. 44:4(28) is hereby amended and reenacted to read as follows:
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1 §4. Applicability
2 This Chapter shall not apply:
3 * * *
4 (28) To the name of any person, contained within or referred to in the
5 records, papers or files of the Crime Victims Reparations Victims' Compensation
6 Board, applying for or receiving funds from the Crime Victims Reparations Victims'
7 Compensation Fund. In lieu of the person's name, the person's file number shall be
8 utilized.
9 * * *
10 Section 9. The heading of Chapter 21 of Title 46 of the Louisiana Revised Statutes
11 of 1950, R.S. 46:1801, 1802(introductory paragraph), (1) through (4), (5)(introductory
12 paragraph), (a) through (c), (e), and (f), and (6) through (15), 1803 through 1806, 1807(A),
13 (B), (C), (D)(1), and (F), 1808, 1809(A), (B), (C), (D)(1)(introductory paragraph) and (b)
14 and (2), and (E), 1810, 1811(A), (B), and (C), 1812 through 1815, 1816(A), (B)(introductory
15 paragraph), (4), (5), and (8), (C), (D)(1)(b) and (2), and (E)(2), 1817(A) and (B), 1818
16 through 1822, 1842(introductory paragraph) and (9), 1844(V) and (W)(1)(a), (3), and (5)(a)
17 and (c), 1851, 1852(D), and 1853(A), (B)(introductory paragraph) and (2), and (C) are
18 hereby amended and reenacted and R.S. 46:1802(5)(h) and (16) through (20) are hereby
19 enacted to read as follows:
20 CHAPTER 21. CRIME VICTIMS REPARATIONS VICTIMS' COMPENSATION
21 §1801. Short title
22 This Chapter may be cited as the Crime Victims Reparations Victims'
23 Compensation Act.
24 §1802. Definitions
25 As used in this Chapter, the following terms have the following meanings:
26 (1) "Accessory" includes means an accessory after the fact and also a
27 principal, as those terms are defined by the Louisiana Criminal Code Title 14 of the
28 Louisiana Revised Statutes of 1950.
29 (2) "Board" means the Crime Victims Reparations Victims' Compensation
30 Board.
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1 (3) "Child" means an unmarried person under eighteen years of age, and
2 includes a natural child, adopted child, stepchild, child born outside of marriage, any
3 of the above who is a student not over twenty-three years of age, and or a child
4 conceived prior to but born after the personal injury or death of the victim. who is
5 either of the following:
6 (a) An unmarried person who is under eighteen years of age.
7 (b) An unmarried person who is at least eighteen years of age but under
8 twenty-four years of age who is currently attending secondary school or enrolled as
9 a full-time student in a postsecondary educational institution.
10 (4) "Claimant" means a victim or a dependent of a deceased victim, or the
11 legal representative of either, an intervenor, the healthcare provider who provides
12 healthcare services associated with a forensic medical examination as defined in R.S.
13 15:622, or in the event of a death, a person who legally assumes the obligation or
14 who voluntarily pays the medical or the funeral or burial expenses incurred as a
15 direct result of the crime. any of the following who is eligible to file or has filed an
16 application for compensation pursuant to this Chapter:
17 (a) A victim.
18 (b) A dependent of a deceased victim.
19 (c) An intervenor.
20 (d) A person legally authorized to act on behalf of a person described in
21 Subparagraph (a), (b), or (c) of this Paragraph.
22 (e) A person who legally assumes the obligation or who voluntarily pays
23 medical or funeral, burial, or cremation expenses of a victim that are incurred as a
24 direct result of a crime covered under this Chapter.
25 (f) A deceased victim's family member or household member who requires
26 psychiatric care or counseling as a direct result of a crime covered under this
27 Chapter.
28 (g) A child's parent, stepparent, legal custodian, legal guardian, sibling by
29 half or whole blood or by adoption, or stepsibling who requires psychiatric care or
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1 counseling as a direct result of the child being the victim of a sexually oriented
2 criminal offense.
3 (h) A person who legally assumes the obligation or who voluntarily pays for
4 the psychiatric care or counseling of a person described in Subparagraph (f) or (g)
5 of this Paragraph.
6 (i) A household member of the victim who voluntarily pays for the
7 temporary lodging or permanent relocation expenses incurred by the victim as a
8 direct result of a crime covered under this Chapter.
9 (j) A household member of the victim who requires temporary lodging or
10 permanent relocation as a direct result of a crime covered under this Chapter.
11 (5) "Collateral source" means a source of benefits for pecuniary loss
12 awardable, other than under this Chapter, which that the victim or claimant has
13 received or which that is readily available to him or her the victim or claimant from
14 any or all of the following:
15 (a) The offender under an order of restitution to the claimant imposed by a
16 court as a condition of probation or otherwise.
17 (b) The government of the United States or a federal agency, any of its
18 agencies, the government of a state or any of its political subdivisions, or an
19 instrumentality of two or more states.
20 (c) Social Security, Medicare, and or Medicaid.
21 * * *
22 (e) Wage continuation programs of an employer, not including vacation and
23 sick leave benefits.
24 (f) Proceeds of a contract of insurance payable to the claimant for a specific
25 pecuniary loss sustained by the claimant by reason incurred as a direct result of the
26 crime.
27 * * *
28 (h) Damages recovered from the offender or any other third party as a result
29 of a civil suit.
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1 (6) "Dependent" means a spouse or any person who is a dependent of a
2 victim within the meaning of Section 152 of the United States Internal Revenue
3 Code (26 U.S.C. 152). any of the following:
4 (a) A spouse.
5 (b) A person who is a dependent of a victim within the meaning of Section
6 152 of the United States Internal Revenue Code.
7 (7) "Family member" means the victim's spouse, parent, grandparent,
8 stepparent, legal custodian, legal guardian, child, grandchild, sibling by half or whole
9 blood or by adoption, or stepsibling. For the purposes of this Paragraph, "child"
10 means a natural child, adopted child, stepchild, child born outside of marriage, or
11 child conceived prior to but born after the personal injury or death of the victim,
12 regardless of age.
13 (8) "Forensic medical examination" has the same meaning as defined in R.S.
14 15:622.
15 (7) (9) "Healthcare facility" means a facility or institution providing
16 healthcare services, including but not limited to a hospital or other licensed inpatient
17 center; ambulatory surgical or treatment center; skilled nursing facility; inpatient
18 hospice facility; residential treatment center; diagnostic, laboratory, or imaging
19 center; or rehabilitation or other therapeutic health setting.
20 (8) (10) "Healthcare provider" means a physician or other healthcare
21 practitioner licensed, certified, registered, or otherwise authorized to perform
22 specified healthcare services consistent with state law.
23 (9) (11) "Healthcare services" means services, items, supplies, or drugs for
24 the diagnosis, prevention, treatment, cure, or relief of a health condition, illness,
25 injury, or disease ancillary to a sexually oriented criminal offense.
26 (12) "Household member" means a person who resided in the same
27 permanent abode as the victim at the time the crime was committed.
28 (13) "Human trafficking-related offense" means the perpetration or
29 attempted perpetration of R.S. 14:46.2 or 46.3 or any other crime involving
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1 commercial exploitation including but not limited to R.S. 14:81.1, 81.3, 82, 82.1,
2 82.2, 83, 83.1, 83.2, 83.3, 83.4, 84, 85, 86, 89.2, 104, 105, and 282.
3 (10) (14) "Intervenor" means a person who goes to the aid of another and is
4 killed or injured who suffers personal injury or death in the good faith effort to
5 prevent a crime covered by under this Chapter, to apprehend a person reasonably
6 suspected of having engaged in such a crime, or to aid a peace officer. "Peace
7 officer" shall include For the purposes of this Paragraph, "peace officer" means
8 commissioned police officers, sheriffs, deputy sheriffs, marshals, deputy marshals,
9 correctional officers, constables, wildlife enforcement agents, and probation and
10 parole officers.
11 (15) "Louisiana resident" means a person who maintained a place of
12 permanent abode in this state at the time the crime was committed.
13 (11) (16) "Pecuniary loss" means the amount of the expense reasonably and
14 necessarily incurred by reason of the personal injury, as a consequence of death, or
15 a catastrophic property loss, and includes:
16 (a) For personal injury: or death suffered by the victim as follows:
17 (i) (a) Medical, hospital, nursing, or psychiatric care or counseling, and or
18 physical therapy.
19 (ii) (b) Actual loss of past earnings and anticipated loss of future earnings
20 because of a disability resulting from the personal injury or the receipt of medically
21 indicated services by a victim related to the personal injury.
22 (iii) (c) Care of a child or dependent.
23 (iv) Counseling or therapy for the parents or siblings of a child who is the
24 victim of a sexual crime.
25 (v) Loss of support for a child victim of a sexual crime not otherwise
26 compensated for as a pecuniary loss for personal injury.
27 (vi) Relocation for claimants who have to relocate as a result of the crime for
28 reasons of personal safety or other reasons reasonably related to the crime.
29 (b) As a consequence of death:
30 (i) (d) Funeral, burial, or cremation expenses.
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1 (ii) (e) Loss of support to one or more dependents not otherwise
2 compensated for as a pecuniary loss for personal injury.
3 (iii) Care of a child or children enabling the surviving spouse of a victim or
4 the legal custodian or caretaker of the deceased victim's child or children to engage
5 in lawful employment, where that expense is not otherwise compensated for as a
6 pecuniary loss for personal injury.
7 (iv) Counseling or therapy for any surviving family member of the victim
8 or any person in close relationship to such victim.
9 (v) Crime scene cleanup.
10 (vi) Relocation for claimants who have to relocate as a result of the crime
11 due to the death of the victim.
12 (c) As to catastrophic property loss, the loss must be so great as to cause
13 overwhelming financial effect on the victim or other claimant and shall be restricted
14 to loss of abode.
15 (d) Any other expense associated with the collection and securing of crime
16 scene evidence.
17 (12) "Pecuniary loss" does not include loss attributable to pain and suffering.
18 (13) "Reparations" means payment of compensation in accordance with the
19 provisions of this Chapter for pecuniary loss resulting from physical injury, death,
20 or catastrophic property loss by reason of a crime enumerated in this Chapter. any
21 of the following:
22 (i) A dependent of a deceased victim.
23 (ii) A child who is the victim of a sexually oriented criminal offense if the
24 child is a dependent of the offender and the offender is incarcerated as a direct result
25 of the sexually oriented criminal offense.
26 (f) Cleaning the crime scene.
27 (g) Clothing, bedding, or property of the victim seized as evidence or
28 rendered unusable as a direct result of a criminal investigation.
29 (h) Temporary lodging or permanent relocation when immediate relocation
30 is necessary for the health and safety of the victim or the victim's household member.
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1 (i) Costs associated with the removal of a tattoo the victim received through
2 fraud, force, or coercion as a direct result of a human trafficking-related offense.
3 (17) "Person" means a natural person.
4 (18) "Personal injury" means physical or mental harm.
5 (14) (19) "Sexually oriented criminal offense" shall have has the same
6 meaning as sex offense as defined in R.S. 15:541(24).
7 (15) (20) "Victim" means any of the following:
8 (a) Any A person who suffers personal injury, death, or catastrophic property
9 loss injury or death as a direct result of a crime committed in this state and covered
10 by under this Chapter. This includes any person who is a victim of human
11 trafficking as defined by R.S. 14:46.2, a victim of trafficking of children for sexual
12 purposes as defined by R.S. 14:46.3, or a victim of any offense involving
13 commercial sexual exploitation including but not limited to R.S. 14:81.1, 81.3, 82,
14 82.1, 82.2, 83, 83.1, 83.2, 83.3, 83.4, 84, 85, 86, 89.2, 104, 105, and 282.
15 (b) A Louisiana resident who is a victim of an act of terrorism, as defined in
16 18 U.S.C. 2331, occurring that occurs outside of the United States.
17 (c) A Louisiana resident who suffers personal injury or death as a direct
18 result of a crime described in R.S. 46:1805 covered under this Chapter, except that
19 the criminal act crime occurred outside of this state. The A Louisiana resident shall
20 have has the same rights under this Chapter as if the act crime had occurred in this
21 state upon a showing that the state in which where the act crime occurred does not
22 have an eligible crime victims reparations victims' compensation program and the
23 crime would have been compensable had it occurred in Louisiana. In this
24 Subparagraph, "Louisiana resident" means a person who maintained a place of
25 permanent abode in this state at the time the crime was committed for which
26 reparations are sought.
27 §1803. Crime Victims Reparations Victims' Compensation Board
28 A. The Crime Victims Reparations Victims' Compensation Board is created
29 and established under the jurisdiction of the Louisiana Commission on Law
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1 Enforcement and Administration of Criminal Justice in within the office of the
2 governor. The board shall be domiciled in Baton Rouge.
3 B. The board shall be composed of the executive director of the Louisiana
4 Commission on Law Enforcement and Administration of Criminal Justice or his
5 designee, one person, who shall be chosen and appointed by the governor, from a list
6 of three recommendations submitted to the governor by any victim's rights advocacy
7 organization which is recognized as a nonprofit with the Internal Revenue Service,
8 incorporated or organized in the state of Louisiana and in good standing, and does
9 not engage in political activity, with each organization submitting a list of three
10 names, and nine members who shall be appointed by the governor for a term
11 concurrent with that of the governor. However, no person nominated by any victim's
12 rights advocacy organization shall be appointed to serve as a member of the board
13 who has previously been confirmed by the Senate and has served as a member of the
14 board. Each appointment shall be submitted to the Senate for confirmation. At least
15 one member shall be appointed from each of the congressional districts in the state.
16 Of the governor's nine appointees, at least one shall be a full voting member who
17 shall be sixty years of age or over and shall serve as a representative of the elderly
18 population of Louisiana. following members:
19 (1) The executive director of the Louisiana Commission on Law
20 Enforcement and Administration of Criminal Justice, or his designee.
21 (2)(a) One member, who the governor shall choose and appoint for a term
22 concurrent with that of the governor, from a list of three recommendations submitted
23 to the governor by any victims' rights advocacy organization that meets all of the
24 following:
25 (i) Recognized as a nonprofit with the Internal Revenue Service.
26 (ii) Incorporated or organized in this state and in good standing.
27 (iii) Does not engage in political activity.
28 (b) Each organization shall submit a list of three names, but no person who
29 is nominated by any victims' rights advocacy organization shall be appointed to serve
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1 as a member of the board if he has previously been confirmed by the Senate and has
2 served as a member of the board.
3 (3) Eight members, who the governor shall appoint for a term concurrent
4 with that of the governor, with at least one member being appointed from each of the
5 congressional districts in this state.
6 (4) One member, who the governor shall appoint for a term concurrent with
7 that of the governor, who is sixty years of age or older and shall serve as a
8 representative of the elderly population of this state.
9 C. Each gubernatorial appointment is subject to Senate confirmation.
10 C. D. A vacancy in the membership of the board shall be filled by
11 appointment by the governor.
12 D. E. Members shall serve without compensation, but shall be paid a per
13 diem not in excess of seventy-five dollars and shall be reimbursed for travel
14 expenses incurred in attendance at meetings of the board and other expenses incurred
15 on business of the board at its direction.
16 E. F. A majority of the members of the board shall constitute constitutes a
17 quorum for the transaction of all business.
18 F. G. The members of the board shall annually elect from their membership
19 a chairman and a vice chairman from their membership.
20 §1804. Eligibility to apply for reparations compensation
21 A. A person who believes he is a victim of a crime enumerated in R.S.
22 46:1805, or his legal representative, or in the case of death, a dependent or the legal
23 representative of a dependent, or the rightful claimant as defined in R.S. 46:1802(4),
24 shall be covered under this Chapter or a claimant is eligible to make submit an
25 application to the board for reparations compensation and shall be is eligible for an
26 award of reparations compensation in accordance with the provisions of this Chapter.
27 B. During the sentencing for a crime, the judge shall inform the victim of the
28 crime, or his legal representative, or in the case of death, a dependent or the legal
29 representative of a dependent or the rightful claimant, the legal counsel of the victim,
30 or a claimant of the potential eligibility for an award of reparations compensation.
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1 The judge shall also provide the contact information for the Crime Victims
2 Reparations Board board to such the persons described in this Subsection for the
3 purpose of submitting an application to the board for an award of reparations
4 compensation.
5 §1805. Crimes to which applicable to this Chapter applies
6 A. The board may make an award and order the payment of reparations
7 compensation for pecuniary loss incurred in accordance with the provisions of this
8 Chapter for the personal injury, death, or catastrophic property loss resulting from
9 any act or omission to act that is defined as a misdemeanor under any local ordinance
10 or as a crime under state or federal law and involves the use of force or the threat of
11 the use of force or any human trafficking-related offense.
12 B.(1) For the purposes of this Chapter, the operation of a motor vehicle, boat,
13 or aircraft that results in personal injury or death shall not constitute a crime unless
14 the personal injury or death was intentionally inflicted through the use of such
15 vehicle, boat, or aircraft, or was caused by an operator in violation of R.S. 14:98,
16 98.1, or 100.
17 (2) "Intentionally inflicted" includes, but is not limited to personal injury or
18 death resulting due to operation of a motor vehicle, boat, or aircraft used to flee the
19 scene of a crime in which the operator of the motor vehicle, boat, or aircraft
20 knowingly participated.
21 (3) "Human trafficking-related offense" shall include the perpetration or
22 attempted perpetration of R.S. 14:46.2 or 46.3 or any other crime involving
23 commercial exploitation including R.S. 14:81.1, 81.3, 82, 82.1, 82.2, 83, 83.1, 83.2,
24 83.3, 83.4, 84, 85, 86, 89.2, 104, 105, and 282. or death suffered by the victim as a
25 direct result of any of the following:
26 (1) An act or omission that is defined as a misdemeanor under any local
27 ordinance or as a crime under state or federal law and involves the use of force or the
28 threat of the use of force.
29 (2) A human trafficking-related offense.
30 (3) A sexually oriented criminal offense.
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1 (4) An act involving the operation of a motor vehicle, watercraft, or aircraft
2 that does not constitute a crime in this Chapter, unless the victim suffered personal
3 injury or death as a direct result of any of the following:
4 (a) The use of a motor vehicle, watercraft, or aircraft by an operator to
5 intentionally inflict personal injury or death upon the victim.
6 (b) The use of a motor vehicle, watercraft, or aircraft to flee the scene of a
7 crime of which the operator knowingly was a participant.
8 (c) The use of a motor vehicle, watercraft, or aircraft by an operator who is
9 in violation of R.S. 14:98, 98.1, 98.2, 98.3, 98.4, 98.6, or 100.
10 C. B. For the purposes of this Chapter, a person shall be is deemed to have
11 committed a criminal act or omission notwithstanding that he was legally incapable
12 of committing a crime by reason of age, insanity, drunkenness, or any other reason
13 he was legally incapable of committing a crime.
14 §1806. Application; requirements; confidentiality
15 A.(1)(a) An application for reparations compensation shall be filed in writing
16 with the board within one year three years after the date of the personal injury, death,
17 or catastrophic property loss commission of the crime or within such longer period
18 as the board determines is justified by the circumstances. The application shall be
19 is valid only if reasonable documentation of the crime resulting that resulted in the
20 personal injury, death, or catastrophic property loss or death suffered by the victim
21 is submitted with the application.
22 (b) (2) For the purposes of this Subsection, "reasonable documentation"
23 means any of the following:
24 (i) (a) A police report documenting from law enforcement that documented
25 the commission of the crime that is the basis for the application.
26 (ii) (b) Court records evidencing the criminal prosecution of a pertaining to
27 the crime relevant to the application that are the basis for the application.
28 (iii) A certification of the crime signed under oath by any licensed clinical
29 social worker, professional counselor, or healthcare provider that conducted an
30 examination of the injuries resulting from the commission of the crime.
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1 (iv) A certification of the crime signed under oath by a prosecuting attorney
2 or investigating law enforcement officer who has personal involvement in the
3 prosecution or investigation of any criminal case relative to the application.
4 (v) Any other documentation the board deems sufficient to show the
5 commission of a crime relevant to the application.
6 (2)(a) Notwithstanding the provisions of Paragraph (1) of this Subsection
7 and except as provided in Subparagraph (b) of this Paragraph, an application filed
8 by a dependent or legal representative of a deceased victim of a homicide offense,
9 or filed by a claimant as defined in R.S. 46:1802(4), shall be filed within five years
10 after the date on which the judgment of conviction becomes final or within five years
11 after the date on which the supreme court denies the defendant's first application for
12 appeal.
13 (b) Notwithstanding the provisions of Paragraph (1) of this Subsection, when
14 the death of the offender occurs prior to a conviction for a homicide offense, an
15 application filed by a dependent or legal representative of a deceased victim of a
16 homicide offense, or filed by a claimant as defined in R.S. 46:1802(4), shall be filed
17 within five years after the date of the death of the offender.
18 B.(1) An application for reparations related to a sexually oriented criminal
19 offense shall be filed in writing with the board within one year after the date on
20 which the personal injury, death, or catastrophic property loss occurred or within
21 such longer period as the board determines is justified by the circumstances.
22 (2) A victim of a sexually oriented criminal offense shall not be required to
23 report a sexually oriented criminal offense to any law enforcement officer for
24 purposes of a claimant filing a valid application for reparations pursuant to this
25 Subsection.
26 (3) A claimant that files an application for reparations for personal injury or
27 death resulting from a sexually oriented criminal offense shall submit certification
28 from a healthcare provider or coroner that a forensic medical examination of the
29 victim was conducted and an itemized billing statement for all related services
30 provided by the healthcare provider or coroner.
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1 (4) The coroner shall provide certification to the healthcare provider that a
2 forensic medical examination was conducted.
3 (5) The healthcare provider shall submit certification to the board that a
4 forensic medical examination was conducted when requested by a claimant.
5 (c) An attestation from a healthcare provider who conducted an examination
6 of the personal injury suffered by the victim and who can verify that the personal
7 injury suffered by the victim was a direct result of the crime that is the basis for the
8 application.
9 (d) An attestation from the healthcare provider who conducted a forensic
10 medical examination on the victim as a direct result of the crime that is the basis for
11 the application, or an attestation from the coroner indicating that a forensic medical
12 examination was conducted on the victim as a direct result of the crime that is the
13 basis for the application.
14 C. B. Application shall be made on a form prescribed and provided by the
15 board, which shall contain at least the following:
16 (1) A description of the date, nature, and circumstances of the act or acts
17 resulting that resulted in the physical injury, death, or catastrophic property loss
18 personal injury or death suffered by the victim, and of the crime, if known.
19 (2) A complete financial statement, including the cost of medical care or
20 funeral, burial, or cremation expenses, the loss of wages or support, and the extent
21 of the property loss, if any, which of any pecuniary loss that the claimant has
22 incurred or will incur, and the extent to which the claimant has been indemnified for
23 these expenses from by any collateral source.
24 (3) Where appropriate, a statement indicating that indicates the extent of any
25 disability resulting that resulted from the personal injury incurred suffered by the
26 victim.
27 (4) An authorization permitting the board or its representatives to verify the
28 contents of the application.
29 (5) Such other information as the board may require.
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1 D. C. The following information, when submitted to the board as part of an
2 application, shall be is confidential:
3 (1) Documents, including any itemized billing statements, submitted by a
4 claimant which relate that pertain to medical treatment including any itemized billing
5 statements.
6 (2) Law enforcement investigative reports.
7 (3) Forensic medical examination examinations.
8 E. D. Records, documents, and information in the possession of the board
9 that are received pursuant to a law enforcement investigation or a verification of
10 application by a law enforcement agency shall be are considered investigative
11 records of a law enforcement agency as described in R.S. 44:3 and shall not be
12 disseminated under any condition without the permission of the agency providing the
13 record or information to the board.
14 F. E. A victim who was owed restitution as a condition of an offender's
15 parole pursuant to R.S. 15:574.4.2(C)(1)(a) but whose restitution payments were
16 directed to the Crime Victims Reparations Victims' Compensation Fund pursuant to
17 R.S. 15:574.4.2(C)(1)(b) may file an application for recovery of the restitution in a
18 written format developed by the board.
19 §1807. Powers and duties of board; staff
20 A. The board shall administer the provisions of this Chapter and Chapter 21-
21 A of this Title and shall be is responsible, in accordance with this Chapter and
22 Chapter 21-A of this Title, for determining all of the following:
23 (1) Determining all matters pertaining to applications for reparations
24 compensation, investigations, and determinations based upon its findings, the
25 granting or rejecting of.
26 (2) Approving or denying applications or claims, and fixing.
27 (3) Fixing the amounts amount of the grants or payments and the methods
28 method of their payment payments.
29 B. In the performance of its powers and duties, the board shall do all of the
30 following:
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1 (1) Prescribe, distribute, and otherwise make available forms for use in
2 making application for reparations compensation and, where appropriate, recovery
3 of restitution funds directed to the Crime Victims Reparations Victims'
4 Compensation Fund pursuant to R.S. 15:574.4.2(C)(1)(b).
5 (2) Prepare and distribute pamphlets, informational materials, and
6 application forms, and otherwise assist in making the residents of the state public
7 aware of the provisions of this Chapter.
8 (3) Receive, verify, and process applications for reparations compensation
9 and, where appropriate, recovery of restitution funds directed to the Crime Victims
10 Reparations Victims' Compensation Fund pursuant to R.S. 15:574.4.2(C)(1)(b).
11 (4) Hold such hearings, take such testimony, and make such investigations
12 as are necessary with respect to any application received by it the board.
13 (5) Make a written decision with respect to each application received by it
14 the board and order payment of reparations award compensation for pecuniary loss
15 or, where appropriate, recovery of restitution funds to victims in accordance with this
16 Chapter.
17 (6) Take such other actions and perform such other functions as are required
18 by this Chapter or necessary to accomplish the purposes of the board.
19 (7) Develop, adopt, and promulgate rules in the manner provided in the
20 Administrative Procedure Act and in accordance with the provisions of R.S.
21 46:1806(B). The rules shall contain specific guidelines which shall establish the
22 reasonable costs to be reimbursed for all healthcare services or expenses ancillary
23 to a forensic medical examination. as necessary to carry out the business of the board
24 or the provisions of this Chapter.
25 (8) Take actions and perform other functions as are required by Chapter 21-
26 A of this Title or necessary to perform its purposes.
27 C. The In the performance of its powers and duties, the board also may do
28 all of the following:
29 (1) Promulgate rules and regulations necessary to carry out its business or
30 the provisions of this Chapter.
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1 (2) (1) Through the chairman or acting chairman, administer oaths or
2 affirmations to persons appearing before it, the board, subpoena witnesses, and send
3 for papers, documents, and records, and subpoena witnesses.
4 (3) (2) Appoint committees, including advisory committees.
5 (4) (3) Use, with or without reimbursement, the services, personnel,
6 facilities, and information, including recommendations, estimates, and statistics, of
7 federal agencies and those of, state and local public agencies, and private institutions,
8 with or without reimbursement therefor. The information described in this Paragraph
9 includes but is not limited to recommendations, estimates, and statistics.
10 (5) (4) Request such any information, data, and reports from any federal
11 agency as the board may require and as may be produced consistent in accordance
12 with law.
13 D.(1) The Louisiana Commission on Law Enforcement and Administration
14 of Criminal Justice shall provide the office space and personnel necessary to carry
15 out the functions of the board and effectuate the purposes of this Chapter. In
16 addition, to the extent that funds are appropriated or otherwise made available
17 therefor for such purposes, the board may employ personnel, including experts
18 required in connection with particular applications or claims before it the board.
19 * * *
20 F. The board shall maintain a current record of the laws relating to crime
21 victims reparations list of websites for crime victims' compensation programs in
22 other states and territories of the United States for Louisiana residents who were
23 victimized outside of this state. The board need not keep is not required to maintain
24 a current record of laws list of websites for crime victims' compensation programs
25 in other countries. Upon request, the board shall assist Louisiana residents to
26 determine if they meet the criteria specified in R.S. 46:1802(10)(b). The board shall
27 make the list electronically available on the website of the Louisiana Commission
28 on Law Enforcement and Administration of Criminal Justice.
29 §1808. Procedure by the board; public hearings; right to counsel
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1 A. Upon receipt of one or more applications for reparations compensation
2 resulting from the same crime, the board shall examine the each application to
3 determine that it is complete and shall schedule all of such claims each application
4 for consideration at the same time. If the board determines that a hearing is
5 necessary to for a decision in the matter, it shall fix the day, time, and place thereof
6 of the hearing and shall notify the claimant or claimants and such any other persons
7 as who have indicated a desire to be present or that the board desires to hear from.
8 The notice shall be in writing and shall be mailed by certified mail at least ten days
9 prior to the day that is fixed for the hearing.
10 B. Hearings shall be are open to the public unless except in a any particular
11 case where the board determines that all or part of the hearing should be closed, after
12 taking into consideration the fact that an accused has not been convicted or that a
13 closed hearing is in the best interest of the victim. The applicant victim or claimant
14 may appear, and be heard, and present evidence on his own behalf or through
15 counsel or legal representative. Any person who has a substantial interest in the
16 proceedings, as determined by the board, may appear before the board and shall have
17 has the right to introduce evidence and cross examine witnesses.
18 C. The members of the board and the attorney representing the board, if any,
19 may question and cross examine witnesses. The board may bring before it
20 physicians or other experts before it to examine any victim or claimant. The board
21 may receive in evidence any statement, document, information, or matter that it
22 believes may contribute to the purposes of the hearing or to any of its deliberations,
23 whether or not regardless of whether a hearing is held and whether or not any of
24 them or whether the evidence before the board would be admissible in court.
25 §1809. Criteria for making awards; prohibitions; authority to deny or reduce awards
26 A. The board shall order the payment of reparations award compensation in
27 an amount determined by it the board if, with or without hearings, it the board finds
28 all of the following by a preponderance of the evidence:
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1 (1) that The pecuniary loss was sustained incurred by the victim or other
2 claimant by reason of the personal injury, death, or catastrophic property loss or
3 death suffered by the victim and that such.
4 (2) The pecuniary loss was proximately caused by a crime enumerated in
5 R.S. 46:1805 and that such covered under this Chapter.
6 (3) The pecuniary loss has or will not be compensated from any collateral
7 or other source.
8 B. In making its determination, the following provisions shall apply:
9 (1) A For the purposes of considering an application for an award of
10 compensation pursuant to this Chapter, finding by the board, for purposes of
11 considering an application for award under this Chapter, that the commission of a
12 crime enumerated in R.S. 46:1805(A) covered under this Chapter resulted in a
13 pecuniary loss covered by this Chapter shall be a sufficient finding with respect to
14 the crimes giving rise to the application for a reparations compensation award.
15 However, the board may make a partial eligibility determination on an application
16 prior to the incurring of a pecuniary loss by the victim or other claimant. When one
17 part of an award is denied, the board shall favor a partial award over the total denial.
18 An order for reparations award of compensation may be made whether or not any
19 person is arrested, prosecuted, or convicted of the crime giving rise to the application
20 for reparations compensation. The board may suspend proceedings in the interest
21 of justice if a civil or criminal action arising from such act or omission constituting
22 the crime is pending or imminent.
23 (2) Conviction of an offender of a crime giving rise to the application for
24 reparations compensation under this Chapter shall be conclusive evidence that the
25 crime was committed.
26 (3)(a) No award of reparations compensation shall be made if the board finds
27 that either of the following have occurred:
28 (i) The victim or claimant failed or refused to cooperate substantially with
29 reasonable requests of appropriate law enforcement officials during the course of the
30 criminal investigation.
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1 (ii) A totality of the circumstances indicate indicates that the victim or
2 claimant was the offender or an accessory, or that an award to the victim or claimant
3 would unjustly benefit any of them the offender or an accessory. However, such
4 ineligibility shall does not apply if the claimant is a victim of application for
5 compensation results from a human trafficking or trafficking of children for sexual
6 purposes trafficking-related offense.
7 (b) The ineligibility provisions provided for in Items (a)(i) and (ii) of this
8 Paragraph shall do not apply if the claim application for reparations compensation
9 results from a sexually oriented criminal offense.
10 (4) The board may deny or reduce an award as follows:
11 (a) If a totality of the circumstances indicate indicates that the behavior of
12 the victim at the time of the crime giving rise to the claim application was such that
13 the victim bears some measure of responsibility for the crime that caused the
14 physical injury, death, or catastrophic property loss or for the physical injury, death,
15 or catastrophic property loss. However, such the ineligibility shall provided in this
16 Subparagraph does not apply if the claimant is a victim suffered personal injury or
17 death as a direct result of a human trafficking-related offense as defined by R.S.
18 46:1805 or a sexually oriented criminal offense as defined by R.S. 15:622.
19 (b) To the extent that the pecuniary loss is recouped from collateral or other
20 sources.
21 (c) (b) If it the board finds that the vehicle operated by the victim was
22 without security as required by R.S. 32:861.
23 (d) (c) If it the board finds that the victim was not wearing a safety belt in
24 compliance with R.S. 32:295.1.
25 (e) (d) If it the board finds that the victim was a willing passenger in a motor
26 vehicle, boat watercraft, or aircraft that was operated by an individual a person who
27 was in violation of R.S. 14:98, or 98.1, 98.2, 98.3, 98.4, or 98.6.
28 (5) No reparations compensation of any kind shall be awarded under this
29 Chapter to a victim who is injured or killed or claimant if the victim suffers personal
30 injury or death as a direct result of a crime covered under this Chapter while
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1 confined in any state, parish, or city jail, prison, or other correctional facility as a
2 result of a conviction of any crime. However, if, prior to a conviction, the victim
3 was injured or killed while incarcerated, the board may deny reparations if it is
4 subsequently determined that the victim was guilty of the offense which resulted in
5 his incarceration.
6 C. No victim or dependent shall be denied reparations compensation solely
7 because he or she is a relative of the offender or was living with the offender at the
8 time of the injury or death commission of the crime. However, reparations
9 compensation may be awarded to a victim or dependent who is a relative, family
10 member, or household member of the offender at the time of the award only if it can
11 be reasonably determined that the offender will receive no substantial economic
12 benefit or unjust enrichment from the award.
13 D.(1) When a victim applies for the recovery of restitution pursuant to R.S.
14 46:1806(F), the board shall order the payment of the restitution to the victim if all
15 of the following conditions apply:
16 * * *
17 (b) The restitution payments were directed to the Crime Victims Reparations
18 Victims' Compensation Fund pursuant to R.S. 15:574.4.2(C)(1)(b).
19 (2) When the board orders payment pursuant to the provisions of Paragraph
20 (1) of this Subsection, the provisions of Subsections A and B of this Section
21 regarding criteria for and determinations of eligibility for reparations compensation
22 and determinations of the amount of reparations compensation do not apply.
23 E. No victim or claimant shall be denied or otherwise deemed ineligible for
24 reparations compensation pursuant to this Chapter, nor shall any award for
25 reparations of compensation pursuant to this Chapter be reduced, on the basis that
26 the of any of the following:
27 (1) The victim or claimant has any conviction or adjudication of
28 delinquency, on the basis that the unrelated to the crime that would otherwise
29 warrant an award of compensation pursuant to this Chapter.
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1 (2) The victim or claimant is currently on probation or parole, or on the basis
2 that the unrelated to the crime that would otherwise warrant an award of
3 compensation pursuant to this Chapter.
4 (3) The victim or claimant has previously served any sentence of
5 incarceration, probation, or parole unrelated to the offense for which reparations
6 crime that would otherwise be awarded warrant an award of compensation pursuant
7 to this Chapter.
8 §1810. Amount of reparations award Limits on compensation
9 A. Awards payable under this Chapter shall not exceed fifteen thousand
10 dollars in the aggregate for all claims arising out of the same crime except for those
11 victims who are permanently, totally, or permanently and totally disabled as a result
12 of the crime, the aggregate award shall not exceed twenty-five thousand dollars.
13 B. In no case shall the total aggregate of awards given during any fiscal year
14 to claimants residing in the same parish exceed the total amount of costs levied,
15 collected, and remitted by that parish to the Louisiana Commission on Law
16 Enforcement and Administration of Criminal Justice as required by R.S. 46:1816(D)
17 for the preceding two fiscal years prior to the date of the crime to which this Chapter
18 applies, or ten thousand dollars, whichever is greater. This Subsection shall not
19 apply if the board determines that a qualified claimant would suffer severe and undue
20 hardship if economic relief is not provided. Awards payable to all claimants for
21 pecuniary losses incurred by reason of personal injury or death suffered by any one
22 victim as a direct result of a crime covered under this Chapter shall not exceed the
23 following amounts:
24 (1) Fifteen thousand dollars in the aggregate.
25 (2) Twenty-five thousand dollars in the aggregate if the personal injury
26 suffered by a victim results in a permanent and total disability to the victim.
27 §1811. Reparation Compensation order; terms and conditions
28 A. The board may order the payment of an award in a lump sum or in
29 installments. That The part of an award equal to the amount of the pecuniary loss
30 accrued to the date of the award shall be paid in a lump sum. In all other respects,
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1 the board shall determine all matters respecting the payment of awards, consistent
2 with the provisions of this Chapter.
3 B.(1) The board shall deduct from any award ordered any amounts received
4 from a collateral source from any payments it orders any amounts received from any
5 collateral source.
6 (2) If a victim or claimant receives payment from a collateral source after
7 receiving an award from the Crime Victims Reparations Victims' Compensation
8 Fund, then the victim or claimant shall reimburse the Crime Victims' Compensation
9 Fund to the extent the total amount received exceeds the actual loss experienced the
10 claimant shall reimburse the Crime Victims Reparations Fund, through the board.
11 The reimbursement provided in this Subparagraph shall be submitted through the
12 board.
13 C. The state treasurer shall pay to the person named in the order of payment
14 of reparations the amount named therein in accordance with the provisions of such
15 the amount contained in the compensation order to the person or service provider
16 named in the order in accordance with the provisions of the order.
17 * * *
18 §1812. Finality of decision
19 A decision or order of the board with respect to regarding any application or
20 claim for reparations shall be compensation is subject to review in accordance with
21 the provisions of Chapter 13 of Title 49 of the Louisiana Revised Statutes of 1950.
22 §1813. Emergency awards
23 A. If it appears to the board prior to its taking action on a claim that an award
24 likely will be made and that undue hardship will result to the claimant if no
25 immediate economic relief is provided, the board may make an emergency award to
26 the claimant pending its final decision in the case. The amount of an emergency
27 award shall not exceed one thousand dollars. The board may make an emergency
28 award, pending a final decision on an application for compensation, for a pecuniary
29 loss that is incurred if all of the following are likely to occur:
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1 (1) A final award will be made in accordance with the provisions of this
2 Chapter.
3 (2) The claimant will suffer undue hardship if immediate economic relief is
4 not obtained.
5 B. An emergency award shall not exceed one thousand dollars.
6 B. C. The amount of any an emergency award made to the claimant shall be
7 deducted from any the final award made to the claimant receiving the emergency
8 award. The claimant shall repay to the board the excess amount of the emergency
9 award over that exceeds the final award, or the full amount if no final award is made.
10 However, the board may waive all or part of the repayment if in its judgment
11 repayment would cause severe financial hardship.
12 §1814. Effect of reparations compensation award on right to recover damages in
13 civil action; repayment of award
14 A. An order for reparations payments under compensation pursuant to this
15 Chapter shall does not affect the right of any person to institute a civil suit to recover
16 damages for the personal injury, death, or catastrophic property loss or death suffered
17 by the victim from any other person or third party. However, if damages in a civil
18 action are recovered, from the offender or any other third party, the person shall
19 reimburse the Crime Victims Reparations Victims' Compensation Fund, through the
20 board, in an amount equal to the amount of the reparations award compensation
21 awarded or such lesser amount as is recovered in damages in the civil action.
22 B. When any person who has received an award from the board files a civil
23 action to recover damages, he shall, at the time of the filing of the suit, notify the
24 board and the attorney general at the time of the filing of the civil suit.
25 §1815. Recovery from the criminal offender
26 A.(1) Whenever any person is convicted of a crime and an order for the
27 payment of reparations is or has been made under this Chapter for a personal injury,
28 death, or catastrophic property loss resulting from the act or omission constituting
29 the crime for which conviction was had, the attorney general, within one year after
30 the date on which the judgment of conviction becomes final, may institute a civil
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1 action against the convicted person for the recovery of all or any part of the
2 reparations payment. The attorney general may, within one year after the date that
3 the judgment of conviction becomes final, institute a civil action against the
4 convicted offender for the recovery of all or any part of the compensation that is
5 awarded if an offender is convicted of a crime and an order for compensation is or
6 has been made pursuant to this Chapter for a personal injury or death suffered by the
7 victim that resulted from the act or omission constituting the crime for which the
8 offender was convicted. The civil suit shall be instituted in the district court having
9 jurisdiction in the parish in which such person where the offender resides or is found,
10 or, in Orleans Parish, in the civil district court for that parish Orleans Parish. The
11 court shall have has jurisdiction to hear, determine, and render judgment in any such
12 action.
13 (2) Any amount recovered under pursuant to this Subsection shall be
14 deposited in the state treasury and, after meeting the requirements of Article VII,
15 Section 9 of the Constitution of Louisiana, credited to the Crime Victims Reparations
16 Victims' Compensation Fund hereinafter created established pursuant to R.S.
17 46:1816. If an amount greater than the amount that was paid pursuant to the order
18 for payment of reparations compensation is recovered and collected in any such
19 action brought pursuant to this Section, the board shall pay the balance to the
20 claimant.
21 B. The board shall provide the attorney general with such all necessary
22 information, data, and reports as he may require to institute actions in accordance
23 with this Section.
24 §1816. Crime Victims Reparations Victims' Compensation Fund; creation; sources
25 and use of funds
26 A. The Crime Victims Reparations Victims' Compensation Fund, hereinafter
27 referred to in this Section as "the fund," is hereby created in the state treasury.
28 B. The fund shall be composed of the following:
29 * * *
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1 (4) All monies received from any action to recover damages for a crime
2 which that was the basis of a reparations an award of compensation under this
3 Chapter.
4 (5) Any restitution paid by an offender to a victim for damages for a crime
5 which that was the basis of a reparations an award of compensation under this
6 Chapter, and any restitution payments owed to a victim as a condition of an
7 offender's release on parole but directed to the fund pursuant to R.S.
8 15:574.4.2(C)(1)(b).
9 * * *
10 (8) Monies deposited by the state treasurer from the collection of unclaimed
11 prize money as provided for in R.S. 4:176 and R.S. 27:94, 252, 394, and 610, which
12 shall be used exclusively to pay the expenses associated with healthcare services of
13 victims of sexually oriented criminal offenses, including forensic medical
14 examinations as defined in R.S. 15:622.
15 C.(1) Except as provided in Paragraphs (2) and (3) of this Subsection, all
16 monies deposited in the fund shall be used solely to pay reparation awards
17 compensation awarded to victims or claimants pursuant to this Chapter and the state
18 treasurer shall make disbursements therefrom shall be made by the state treasurer
19 from the fund upon written order of the board, signed by the chairman, or a court.
20 (2)(a) Monies received from the collection of unclaimed prize money as
21 provided for in R.S. 4:176 and R.S. 27:94, 252, and 394, and 610 shall be used
22 exclusively to pay the expenses associated with healthcare services of victims of
23 sexually oriented criminal offenses, including forensic medical examinations as
24 defined in R.S. 15:622, and the reasonable costs to effectuate the purposes of this
25 Chapter. The reasonable costs authorized in this Paragraph are limited to a salary for
26 one additional full-time employee.
27 (b) Notwithstanding Subparagraph (a) of this Paragraph, for state Fiscal
28 Years 2020-2021, 2021-2022, and 2022-2023, monies received from the collection
29 of unclaimed prize money as provided for in R.S. 4:176 and R.S. 27:94, 252, and 394
30 shall be used exclusively to pay the expenses associated with healthcare services of
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1 victims of sexually oriented criminal offenses, including forensic medical
2 examinations as defined in R.S. 15:622, lost earnings, and the reasonable costs of
3 administering this Section. Such reasonable costs include salary for one full-time
4 employee, salary for one part-time employee, equipment, operating expenses, and
5 software support.
6 (3) Monies directed to the fund pursuant to R.S. 15:574.4.2(C)(1)(b) may
7 shall be used to pay restitution owed to a victim pursuant to R.S. 15:574.4.2(C)(1)(a)
8 who applies for recovery of the restitution funds pursuant to the provisions of this
9 Chapter.
10 D.(1)
11 * * *
12 (b) The recipient of the costs shall remit all collected costs so collected to the
13 Louisiana Commission on Law Enforcement and Administration of Criminal Justice
14 on or before the first day of each calendar month to be deposited in the state
15 treasurer's account for credit to the Crime Victims Reparations Fund fund after
16 meeting the requirements of Article VII, Section 9 of the Constitution of Louisiana.
17 The state treasurer shall invest the monies in this the fund shall be invested by the
18 state treasurer in the same manner as monies in the state general fund, and interest
19 earned on the investment of these monies shall be credited to the fund following
20 compliance with the requirement of Article VII, Section 9(B) relative to the Bond
21 Security and Redemption Fund.
22 (2) Notwithstanding the provisions of Subsection C of this Section, monies
23 deposited in the Crime Victims Reparations Fund fund may be used to pay
24 reasonable costs of administering this Chapter. Disbursement of funds to pay such
25 costs shall be made only on written authorization of the chairman or vice chairman
26 of the board.
27 E.
28 * * *
29 (2) The recipient of the costs shall remit all costs so collected pursuant to this
30 Subsection and other provisions of this Section to the Louisiana Commission on Law
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1 Enforcement and Administration of Criminal Justice on or before the first day of
2 each calendar month to be deposited in the state treasurer's account for credit to the
3 Crime Victims Reparations Fund fund after meeting the requirements of Article VII,
4 Section 9 of the Constitution of Louisiana. The state treasurer shall invest the
5 monies in this the fund shall be invested by the state treasurer in the same manner
6 as monies in the state general fund, and interest earned on the investment of these
7 monies shall be credited to the fund following compliance with the requirement of
8 Article VII, Section 9(B) of the Constitution of Louisiana, relative to the Bond
9 Security and Redemption Fund. The amount of money generated by the two dollar
10 fee included in the Crime Victims Reparation Fund fund shall be used by the
11 Louisiana Commission on Law Enforcement and Administration of Criminal Justice
12 to train local law enforcement officers and to provide assistance to local law
13 enforcement agencies.
14 §1817. Notification to potential applicants
15 A.(1) Every hospital licensed under the laws of this state shall display
16 prominently prominently display posters in its emergency room posters giving that
17 provide notification of the existence of the crime victims reparations victims'
18 compensation program. The board shall set standards for the location of the display
19 and shall provide the posters and general information regarding this Chapter to each
20 hospital.
21 (2) Every hospital and healthcare provider licensed under the laws of this
22 state shall make available to hospitals and healthcare providers a pamphlet
23 containing an explanation of the billing process for services rendered pursuant to the
24 provisions of R.S. 40:1300.41.
25 B. Application forms provided by the board shall be made available to
26 individuals a person upon request at the a parish sheriff's office.
27 * * *
28 §1818. Report to legislature and governor
29 The board shall submit an annual report to the legislature and the governor
30 detailing its activities during the preceding year. The report shall be made available
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1 electronically on the website of the Louisiana Commission on Law Enforcement and
2 Administration of Criminal Justice. A sufficient number of copies shall be printed
3 for distribution to the governor, the chairman of the House Committee on Judiciary,
4 the chairman of the Senate Committee on Judiciary C, and to as many others as may
5 be requested.
6 §1819. Penalty for fraud
7 A. No person shall procure or counsel another person to procure reparations
8 under compensation pursuant to the provisions of this Chapter by any fraud. The
9 penalty for the violation of
10 B. Whoever violates the provisions of this Section shall be a fine of fined not
11 more than five hundred dollars or imprisonment imprisoned for not more than one
12 year six months, or both.
13 §1820. Attorney fees
14 As part of an order resulting from a hearing, the The board shall determine
15 and award reasonable attorney's attorney fees, commensurate as part of an order that
16 results from a hearing and proportionate with the services rendered, to be paid from
17 the fund Crime Victims' Compensation Fund in accordance with rules adopted by the
18 board. Additional attorney's A court may award additional attorney fees may be
19 awarded by a court in the event of a review by the court in which the claimant
20 prevails. Attorney's Attorney fees may be denied on a finding that the claim or
21 appeal is frivolous. Awards of attorney's attorney fees shall be in addition to awards
22 of reparations compensation awarded and may be made regardless of whether or not
23 compensation is awarded. In no event shall an No award of attorney's attorney fees
24 be in excess of shall exceed a rate of fifty dollars per hour.
25 §1821. Limited liability of the state
26 The state shall not be is not liable for the claim of any applicant victim or
27 claimant in excess of the funds appropriated for the payment of claims under this
28 Chapter.
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1 §1822. Forensic medical exams examinations; reimbursement
2 A. The board shall reimburse a healthcare provider who performs conducted
3 a forensic medical exam examination shall be reimbursed in the amount of six
4 hundred dollars. The board shall reimburse the healthcare facility at which a where
5 the forensic medical exam examination was conducted for the cost of performing the
6 exam shall be reimbursed in the amount of one thousand dollars.
7 B. In order to be reimbursed for the costs of performing conducting a
8 forensic medical exam examination, the healthcare provider or the healthcare facility
9 seeking reimbursement shall submit to the board an attestation that a forensic
10 medical exam examination was conducted. The attestation shall contain only
11 sufficient information to identify the victim, the date that the exam examination was
12 performed conducted, and the address to which where payment can be made for the
13 healthcare provider or healthcare facility. The board shall not require healthcare
14 provider or healthcare facility is not required to submit any billing documentation
15 or medical records from the healthcare provider or the healthcare facility as a
16 condition of payment under the provisions of this Section.
17 C. A request for reimbursement by a healthcare provider or healthcare
18 facility for the performance of conducting a forensic medical exam shall examination
19 does not constitute reparations an award of compensation and therefore shall be
20 immediately payable and does not require approval any order, decision, or
21 determination from the board as a condition of payment. The board shall direct The
22 personnel employed by the Louisiana Commission on Law Enforcement and
23 Administration of Criminal Justice to carry out the functions of the board and
24 effectuate the purposes of this Chapter have sole authority to make any decision or
25 determination regarding a request for reimbursement. A payment to shall be made
26 to a the healthcare provider or healthcare facility no later than thirty calendar days
27 from the date that the attestation is submitted to the board by the healthcare provider
28 or healthcare facility.
29 * * *
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1 §1842. Definitions
2 In this Chapter, the following terms have the following meanings:
3 * * *
4 (9) "Judicial agency" means the district court and officers thereof, including
5 the judge, the prosecutor, and the clerk of court, the Crime Victims Reparations
6 Victims' Compensation Board, the Department of Public Safety and Corrections, and
7 the division of probation and parole.
8 * * *
9 §1844. Basic rights for victim and witness
10 * * *
11 V. Crime victim's assistance hotline. In furtherance of the purposes of this
12 Section, a statewide crime victim's assistance hotline may be established. The Crime
13 Victims Reparations Victims' Compensation Board along with the Louisiana
14 Commission on Law Enforcement and Administration of Criminal Justice shall
15 jointly operate the hotline and periodically review the criteria and implementation
16 procedures of said the hotline.
17 W. Confidentiality of crime victims who are minors, victims of sex offenses,
18 and victims of human trafficking-related offenses.
19 (1)(a) In order to protect the identity and provide for the safety and welfare
20 of crime victims who are minors under the age of eighteen years and of victims of
21 sex offenses or human trafficking-related offenses, notwithstanding any provision
22 of law to the contrary, all public officials and officers and public agencies, including
23 but not limited to all law enforcement agencies, sheriffs, district attorneys, judicial
24 officers, clerks of court, the Crime Victims Reparations Victims' Compensation
25 Board, and the Department of Children and Family Services or any division thereof
26 of the department, shall not publicly disclose the name, address, contact information,
27 or identity of crime victims who at the time of the commission of the offense are
28 minors under eighteen years of age or of victims of sex offenses or human
29 trafficking-related offenses, regardless of the date of commission of the offense. The
30 confidentiality of the identity of the victim who at the time of the commission of the
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1 offense is a minor under eighteen years of age or the victim of a sex offense or
2 human trafficking-related offense may be waived by the victim. The public
3 disclosure of the name of the juvenile crime victim by any public official or officer
4 or public agency is not prohibited by this Subsection when the crime resulted in the
5 death of the victim. Nothing in this Subsection shall be construed to require the
6 redaction of a victim's name when the named victim is the one requesting such
7 documents, reports, or any other records.
8 * * *
9 (3) Notwithstanding any other provision of law to the contrary, all public
10 officials, officers, and public agencies, including but not limited to all law
11 enforcement agencies, sheriffs, district attorneys, judicial officers, clerks of court,
12 the Crime Victims Reparations Victims' Compensation Board, and the Department
13 of Children and Family Services or any division thereof of the department, charged
14 with the responsibility of knowing the name, address, contact information, and
15 identity of crime victims who are minors or of crime victims of a sex offense or a
16 human trafficking-related offense as a necessary part of their duties shall have full
17 and complete access to this information regarding a crime victim who is a minor or
18 a victim of a sex offense or a human trafficking-related offense. Either prior to or
19 at the time of a request for information, the public official or officer or public agency
20 shall take measures to prevent the public disclosure of the name, address, contact
21 information, or identity of such a crime victim who is a minor or a victim of a sex
22 offense or human trafficking-related offense, which may include the use of initials,
23 abbreviations, or any other form of concealing the identity of the victim on all public
24 documents.
25 * * *
26 (5)(a) In order to provide for the safety and welfare of victims of crimes
27 against family members, household members, or dating partners, notwithstanding
28 any provision of law to the contrary, all public officials and officers and public
29 agencies, including but not limited to all law enforcement agencies, sheriffs, district
30 attorneys, judicial officers, clerks of court, the Crime Victims Reparations Victims'
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1 Compensation Board, and the Department of Children and Family Services or any
2 division thereof of the department, shall not publicly disclose the address or contact
3 information of victims of crimes against family members, household members, or
4 dating partners. The confidentiality of the address and contact information of the
5 victim of a crime against a family member, household member, or dating partner
6 may be waived by the victim.
7 * * *
8 (c) Notwithstanding any other provision of law to the contrary, all public
9 officials, officers, and public agencies, including but not limited to all law
10 enforcement agencies, sheriffs, district attorneys, judicial officers, clerks of court,
11 the Crime Victims Reparations Victims' Compensation Board, and the Department
12 of Children and Family Services or any division thereof of the department, charged
13 with the responsibility of knowing the address and contact information of victims of
14 crimes against family members, household members, or dating partners as a
15 necessary part of their duties shall have full and complete access to this information
16 regarding a victim of a crime against a family member, household member, or dating
17 partner. Either prior to or at the time of a request for information, the public official
18 or officer or public agency shall take measures to prevent the public disclosure of the
19 address and contact information of a victim of a crime against a family member,
20 household member, or dating partner.
21 * * *
22 §1851. Definitions
23 As used in this Chapter, the following terms have the following meanings:
24 (1) "Account" and "escrow account" mean an escrow account in the name
25 of a defendant as provided for by this Chapter.
26 (2) "Board" means the Crime Victims Reparations Victims' Compensation
27 Board as provided for by Chapter 21 of this Title.
28 (3) "Catastrophic property damage" means catastrophic property damage as
29 defined in Chapter 21 of this Title.
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1 (4) (3) "Defendant" means an offender who has been convicted of a capital
2 offense and sentenced to death in accordance with the provisions of R.S. 15:567
3 through 571.
4 (5) (4) "Minor" means a person under the age of eighteen years.
5 (6) (5)(a) "Victim" means any of the following:
6 (i) A person who suffers death, injury, or catastrophic property damage
7 personal injury or death as a result of the defendant's crime, or any.
8 (ii) Any person who is otherwise eligible to have a judgment or reparations
9 award of compensation satisfied from a defendant's escrow account as provided for
10 by this Chapter, or any.
11 (iii) Any legal representative thereof, but does not include of a person
12 described in Items (i) or (ii) of this Subparagraph.
13 (b) "Victim" does not include any person denied eligibility for a reparations
14 an award by Chapter 21 of this Title.
15 §1852. Profits relative to criminal acts or notoriety
16 * * *
17 D. A victim who meets the eligibility requirements and other provisions of
18 this Chapter shall be entitled, subject to the limitations contained in this Chapter, to
19 an amount from the defendant's escrow account equal to the unsatisfied portion of
20 the civil judgment or reparations compensation award obtained by the victim.
21 §1853. Distribution of escrow account funds
22 A. Proceeds paid into an escrow account provided for by this Chapter shall
23 be retained for a period of ten years after the date of the court order or deposit by the
24 contracting party, but during that period may be levied upon to satisfy a money
25 judgment or reparations compensation award rendered in favor of a victim or the
26 legal representative of the victim of the defendant's crime.
27 B. If so ordered by a court, with notice to all interested parties and
28 opportunity for hearing, the escrow account shall be used to satisfy, and
29 disbursements made therefrom by the treasurer, in the following order The escrow
30 account and disbursements from the account that are made by the treasurer, if
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1 ordered by a court with notice to all interested parties and an opportunity for a
2 hearing, shall be used to satisfy in the following order:
3 * * *
4 (2) A money judgment rendered by a court or an award of reparations
5 compensation by the Crime Victims Reparations Victims' Compensation Board in
6 favor of a victim of the defendant's crime.
7 * * *
8 C. At the end of the ten-year period provided for in Subsection A of this
9 Section, the remaining escrow account funds shall be paid into the Crime Victims
10 Reparations Victims' Compensation Fund as provided for by R.S. 46:1816.
11 However, if a civil action is pending against the defendant that would be eligible to
12 be satisfied out of the escrow account, then the funds shall be held in escrow until
13 completion of the action.
14 * * *
15 Section 10. Code of Criminal Procedure Article 890.2(D) is hereby amended and
16 reenacted to read as follows:
17 Art. 890.2. Fines for individual defendants
18 * * *
19 D. The amount of reimbursement under in accordance with this Article shall
20 not be in excess of the per capita cost of care for maintaining inmates in the state
21 correctional facility in which the inmate is housed. The funds collected from the
22 fines imposed pursuant to this Article shall be distributed to the entity that expended
23 the funds. However, ten percent of the funds shall go to the Crime Victims'
24 Reparation Compensation Fund as provided in R.S. 46:1816.
25 Section 11. Children's Code Articles 811.1(A)(introductory paragraph) and (7) and
26 811.2(D) are hereby amended and reenacted to read as follows:
27 Art. 811.1. Rights of the victim of alleged delinquent act
28 A. The juvenile court, district attorneys, and law enforcement agencies shall
29 provide the following services to victims of alleged delinquent acts, providing
30 provided that the victim reported the act to law enforcement authorities within
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1 seventy-two hours of its occurrence or discovery, unless extenuating circumstances
2 exist for later reporting:
3 * * *
4 (7) The appropriate law enforcement agency shall ensure that the victim
5 receives emergency, social, and medical services as soon as possible. The
6 appropriate law enforcement agency shall also distribute to the victim, or to the
7 family of a homicide victim, a crime victim's brochure prepared by the Crime
8 Victims Reparations Victims' Compensation Board as provided in R.S. 46:1844(T),
9 and supplemented as necessary by the district attorney with victim information
10 specific to the parish in which the delinquent act is alleged to have occurred, as
11 provided in R.S. 46:1844(A).
12 * * *
13 Art. 811.2. Victims of juvenile crime compensation fund; established;
14 disbursements
15 * * *
16 D. The clerk of court shall remit one-third of the total sums collected or
17 received pursuant to this Article on a monthly basis to the Crime Victims
18 Reparations Victims' Compensation Fund as provided in R.S. 46:1801 et seq R.S.
19 46:1816.
20 Section 12. Chapter 21-A of Title 46 of the Louisiana Revised Statutes of 1950,
21 comprised of R.S. 46:1831.1 through 1831.16, is hereby repealed in its entirety.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
Page 45 of 45
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.