HLS 17RS-721 ORIGINAL
2017 Regular Session
HOUSE BILL NO. 286
BY REPRESENTATIVE SMITH
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIMINAL/RESTITUTION: Provides for the payment of restitution to the Crime Victims
Reparations Fund in certain cases
1 AN ACT
2To amend and reenact R.S. 15:574.4.2(C), relative to restitution as a condition of parole; to
3 provide for the payment of restitution to the Crime Victims Reparations Fund in
4 certain cases; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 15:574.4.2(C) is hereby amended and reenacted to read as follows:
7 ยง574.4.2. Decisions of committee on parole; nature, order, and conditions of parole;
8 rules of conduct; infectious disease testing
9 * * *
10 C.(1)(a) When a victim of the crime for which parole is being considered has
11 suffered a direct pecuniary loss other than damage to or loss of property, the parole
12 committee may impose as a condition of parole that restitutions restitution be made
13 to the victim be made. When such a condition is imposed, the committee shall take
14 into account consider the defendant's ability to pay and shall not revoke parole based
15 upon this condition unless the parolee has willfully failed to comply. When the
16 victim's loss consists of damage to or loss of property, the committee shall impose
17 as a condition of parole payment of restitution, either in a lump sum or in monthly
18 installments based on the earning capacity and assets of the defendant. If the victim
19 was paid for such property loss or damage with monies from the Crime Victims
20 Reparations Fund, the committee shall order the parolee to make such payments as
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 17RS-721 ORIGINAL
HB NO. 286
1 reimbursement to the fund in the same amount as was paid from the fund to the
2 victim. This condition of parole shall continue until such time as the restitution is
3 paid or the parolee is discharged from parole in accordance with R.S. 15:574.6.
4 (b) If restitution to the victim is ordered as a condition of parole in
5 accordance with the provisions of this Subsection and the victim cannot be located
6 by the probation and parole officer within one year after the condition is imposed,
7 the defendant shall direct the restitution payments to the Crime Victims Reparations
8 Fund as provided for in R.S. 46:1816.
9 (2) Nothing herein in this Subsection shall affect a victim's civil remedy
10 except that funds actually received shall be credited to any civil judgment arising out
11 of the same offense.
12 * * *
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)]
HB 286 Original 2017 Regular Session Smith
Abstract: Provides for the payment of restitution to the Crime Victims Reparations Fund
when the crime victim cannot be located within one year.
Present law authorizes the committee on parole to order restitution to a crime victim when
the victim has suffered a direct pecuniary loss other than damage to or loss of property, and
requires the committee to order restitution when the victim's loss consists of damage to or
loss of property.
Proposed law retains present law and provides that when the victim cannot be located by the
probation and parole officer within one year after the condition of restitution is imposed, the
defendant shall direct the restitution payments to the Crime Victims Reparations Fund set
forth in present law.
(Amends R.S. 15:574.4.2(C))
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.