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ACT No. 396
Regular Session, 2012
HOUSE BILL NO. 457
BY REPRESENTATIVES KATRINA JACKSON, CHAMPAGNE, NANCY L ANDRY,
MORENO, NORTON, AND SMITH AND SENATORS BROOME AND
PETERSON
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
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§1806. Application; requirements; confidentiality23
A.(1) An application for reparations shall be filed in writing with the board24
within one year after the date of the personal injury, death, or catastrophic property25 ENROLLEDHB NO. 457
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loss or within such longer period as the board determines is justified by the1
circumstances. The application shall be valid only if the act resulting in the personal2
injury, death, or catastrophic property loss was reported to the appropriate law3
enforcement officers within seventy-two hours after the date of the personal injury,4
death, or catastrophic property loss, or within such longer period as the board5
determines is justified by the circumstances.6
(2)(a) Notwithstanding the provisions of Paragraph (1) of this Subsection7
and except as provided in Subparagraph (b) of this Paragraph, an application filed8
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 years10
after the date on which the judgment of conviction becomes final or within five years11
after the date on which the supreme court denies the defendant's first application for12
appeal.13
(b) Notwithstanding the provisions of Paragraph (1) of this Subsection, when14
the death of the offender occurs prior to a conviction for a homicide offense, an15
application filed by a dependent or legal representative of a deceased victim of a16
homicide offense, or filed by a claimant as defined in R.S. 46:1802(4), shall be filed17
within five years after the date of the death of the offender.18
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: