HLS 19RS-594 ENGROSSED
2019 Regular Session
HOUSE BILL NO. 85
BY REPRESENTATIVES BILLIOT AND MARINO
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIMINAL/VICTIMS: Provides relative to criteria for making awards to crime victims
1 AN ACT
2To enact R.S. 46:1809(E), relative to crime victim reparations; to provide relative to the
3 criteria for making awards of reparations to crime victims; to provide certain
4 prohibitions on the denial or reduction of awards for reparations; and to provide for
5 related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 46:1809(E) is hereby enacted to read as follows:
8 ยง1809. Criteria for making awards; prohibitions; authority to deny or reduce awards
9 * * *
10 E. Notwithstanding any provision of law to the contrary, no victim or
11 claimant shall be denied or otherwise deemed ineligible for reparations pursuant to
12 this Chapter, nor shall any award for reparations pursuant to this Chapter be reduced,
13 on the basis that the victim or claimant has any conviction or adjudication of
14 delinquency, on the basis that the victim or claimant is currently on probation or
15 parole, or on the basis that the victim or claimant has previously served any sentence
16 of incarceration, probation, or parole.
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-594 ENGROSSED
HB NO. 85
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 85 Engrossed 2019 Regular Session Billiot
Abstract: Prohibits the denial or reduction of reparations to crime victims on the basis of
a victim's conviction, adjudication, probation, parole, or previously served sentence
of incarceration.
Present law requires the Crime Victims Reparations Board to order the payment of
reparations to a crime victim or other claimant for any pecuniary loss sustained by the victim
or claimant that was proximately caused by the commission of certain crimes.
With regard to the awarding of reparations in this regard, present law provides for the
following:
(1)No award of reparations shall be made if the board finds that:
(a) The crime was not timely reported as specified by present law.
(b) The claimant failed or refused to cooperate substantially with the reasonable
requests of appropriate law enforcement officials.
(c) Reparations may substantially enrich the offender.
(d)The claimant was the offender or an accessory, or that an award to the
claimant would unjustly benefit any of them.
(e)The claim was not filed timely as required in present law.
(2) The board may deny or reduce an award if it finds that the behavior of the victim at
the time of the crime giving rise to the claim was such that the victim bears some
measure of responsibility for the crime that caused the physical injury, death, or
catastrophic property loss or for the physical injury, death, or catastrophic property
loss.
Proposed law retains present law and provides that no victim or claimant shall be denied or
otherwise deemed ineligible for reparations, nor shall any award for reparations be reduced,
on the basis that the victim or claimant has a conviction or adjudication of delinquency, on
the basis that the victim or claimant is currently on probation or parole, or on the basis that
the victim or claimant has previously served any sentence of incarceration, probation, or
parole.
(Adds R.S. 46:1809(E))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Remove the proposed law exception to the prohibition on denial or reduction of
awards for reparations that applies when the facts on which the claimant's
conviction is based are substantially related to the crime or facts giving rise to
the claimant's claim for reparations.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.