HLS 12RS-1042 REENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 457
BY REPRESENTATIVE KATRINA JACKSON
CRIMINAL/VICTIM COMP: Provides relative to crime victims reparations
AN ACT1
To amend and reenact R.S. 46:1804 and 1806(A), relative to crime victims reparations; to2
provide for notification requirements by the Crime Victims Reparations Board; to3
provide relative to applications for reparations; to extend the time in which an4
application for reparations is to be filed by certain applicants; and to provide for5
related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 46:1804 and 1806(A) are hereby amended and reenacted to read as8
follows: 9
§1804. Eligibility to apply for reparations10
A. A person who believes he is a victim of a crime enumerated in R.S.11
46:1805, or his legal representative, or in the case of death, a dependent or the legal12
representative of a dependent, or the rightful claimant as defined in R.S. 46:1802(4),13
shall be eligible to make application to the board for reparations and shall be eligible14
for an award of reparations in accordance with the provisions of this Chapter.15
B. During the sentencing for a crime, the judge shall inform the victim of the16
crime, or his legal representative, or in the case of death, a dependent or the legal17
representative of a dependent or the rightful claimant, of the potential eligibility for18
an award of reparations. The judge shall also provide the contact information for the19
Crime Victims Reparations Board to such persons for submitting an application to20
the board for an award of reparations.21
* * *22 HLS 12RS-1042 REENGROSSED
HB NO. 457
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
§1806. Application; requirements; confidentiality1
A.(1) An application for reparations shall be filed in writing with the board2
within one year after the date of the personal injury, death, or catastrophic property3
loss or within such longer period as the board determines is justified by the4
circumstances. The application shall be valid only if the act resulting in the personal5
injury, death, or catastrophic property loss was reported to the appropriate law6
enforcement officers within seventy-two hours after the date of the personal injury,7
death, or catastrophic property loss, or within such longer period as the board8
determines is justified by the circumstances.9
(2)(a) Notwithstanding the provisions of Paragraph (1) of this Subsection10
and except as provided in Subparagraph (b) of this Paragraph, an application filed11
by a dependent or legal representative of a deceased victim of a homicide offense,12
or filed by a claimant as defined in R.S. 46:1802(4), shall be filed within five years13
after the date on which the judgment of conviction becomes final or within five years14
after the date on which the supreme court denies the defendant's first application for15
appeal.16
(b) Notwithstanding the provisions of Paragraph (1) of this Subsection, when17
the death of the perpetrator occurs prior to a conviction for a homicide offense, an18
application filed by a dependent or legal representative of a deceased victim of a19
homicide offense, or filed by a claimant as defined in R.S. 46:1802(4), shall be filed20
within five years after the date of the death of the perpetrator.21
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Katrina Jackson HB No. 457
Abstract: Extends the time period in which an application for crime victims reparations
shall be filed for certain applicants, and requires notification to crime victims of
potential eligibility for such reparations. HLS 12RS-1042 REENGROSSED
HB NO. 457
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Present law provides that an application for reparations shall be filed in writing with the
board within one year after the date of the personal injury, death, or catastrophic property
loss or within such longer period as the board determines is justified by the circumstances.
Proposed law retains present law, but provides that an application filed by a dependent or
legal representative of a deceased victim of a homicide offense, or filed by a claimant as
defined in present law, shall be filed within five years after the date on which the judgment
of conviction becomes final or within five years after the date on which the supreme court
denies the defendant's first application for appeal. Proposed law further provides that when
the death of the perpetrator occurs prior to a conviction for the homicide offense, the
application shall be filed within five years after the date of the death of the perpetrator.
Proposed law requires the judge, during the sentencing for a crime, to inform the victim of
the crime of the potential eligibility for an award of reparations and further requires the
judge to provide the contact information for the Crime Victims Reparations Board.
(Amends R.S. 46:1804 and 1806(A))
Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill.
1. Added provision which states that when the death of the perpetrator occurs prior
to a conviction for the homicide offense, the application shall be filed within five
years after the date of the death of the perpetrator.
2.Added provision which requires the court to inform the victim of the crime of the
potential eligibility for an award of reparations.