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Coding: Words which are struck through are deletions from existing law;
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Regular Session, 2010
SENATE BILL NO. 177
BY SENATOR THOMPSON
CRIME/PUNISHMENT. Provides relative to expanding eligibility criteria for crime victim
reparations. (8/15/10)
AN ACT1
To amend and reenact R.S. 46:1802(8)(a) and to enact R.S. 46:1802(8)(b)(v) and R.S.2
46:1806(D), relative to crime victims reparations; to provide for definitions; to3
provide for application requirements; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 46:1802(8)(a) is hereby amended and reenacted and R.S.6
46:1802(8)(b)(v) and 1806(D) are enacted to read as follows: 7
§1802. Definitions8
As used in this Chapter:9
* * *10
(8) "Pecuniary loss" means the amount of expense reasonably and11
necessarily incurred by reason of personal injury, as a consequence of death, or a12
catastrophic property loss, and includes:13
(a) For personal injury:14
(i) Medical, hospital, nursing, or psychiatric care or counseling, and physical15
therapy.16
(ii) Actual loss of past earnings and anticipated loss of future earnings17 SB NO. 177
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
because of a disability resulting from the personal injury or the receipt of medically1
indicated services by a child victim related to the personal injury.2
(iii) Care of a child or children enabling a victim or the spouse, but not both3
of them, to engage in gainful employment dependent.4
(iv) Counseling or therapy for the parents or siblings of a child who is the5
victim of a sexual crime.6
(v) Loss of support for a child victim of a sexual crime not otherwise7
compensated for as a pecuniary loss for personal injury.8
(b) As a consequence of death:9
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(v) Crime scene cleanup.11
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§1806. Application; requirements; confidentiality13
* * *14
D. Records, documents, and information in the possession of the board15
received pursuant to a law enforcement investigation or a verification of16
application by a law enforcement agency shall be considered investigative17
records of a law enforcement agency as described in R.S. 44:3 and shall not be18
disseminated under any condition without the permission of the agency19
providing the record or information to the board.20
The original instrument was prepared by Michael Bell. The following digest,
which does not constitute a part of the legislative instrument, was prepared
by Michelle Broussard-Johnson.
DIGEST
Thompson (SB 177)
Present law defines "Pecuniary loss" as:
(i)Medical, hospital, nursing, or psychiatric care or counseling, and physical therapy.
(ii)Actual loss of past earnings and anticipated loss of future earnings because of a
disability resulting from the personal injury.
(iii)Care of a child or children enabling a victim or the spouse, but not both of them, to
engage in gainful employment . SB NO. 177
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Proposed law defines "Pecuniary loss" as:
(i)Medical, hospital, nursing, or psychiatric care or counseling, and physical therapy.
(ii)Actual loss of past earnings and anticipated loss of future earnings because of a
disability resulting from the personal injury or the receipt of medically indicated
services by a child victim related to the personal injury.
(iii)Care of a child or dependent.
Present law provides the following "as a consequence of death":
(i)Funeral, burial, or cremation expenses.
(ii)Loss of support to one or more dependents not otherwise compensated for as a
pecuniary loss for personal injury.
(iii)Care of a child or children enabling the surviving spouse of a victim or the legal
custodian or caretaker of the deceased victim's child or children to engage in lawful
employment, where that expense is not otherwise compensated for as a pecuniary
loss for personal injury.
(iv)Counseling or therapy for any surviving family member of the victim or any person
in close relationship to such victim.
Proposed law maintains present law related to "as a consequence of death" and adds crime
scene cleanup.
Present law provides for a prescriptive date to file an application for reparations, the
application shall be made on a form prescribed and provided by the board and certain
information, when submitted to the board shall be confidential.
Proposed law maintains present law and adds records, documents and information in the
possession of the board received pursuant to a law enforcement investigation or a
verification of application by a law enforcement agency shall be an exception to the public
records law and shall not be disseminated under any condition without the permission of the
agency providing the record or information to the board.
Effective August 15, 2010.
(Amends R.S. 46:1802(8)(a); adds R.S. 46:1802(8)(b)(v) and 1806(D))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
original bill.
1. Changes proposed law regarding the definition of "pecuniary loss" for
personal injury from medically indicated services related to the disability to
medically indicated services by a child victim.
2. Clarifies records, documents and information to be confidential.
Senate Floor Amendments to reengrossed bill.
1. Technical amendments made by the Legislative Bureau.