Louisiana 2019 2019 Regular Session

Louisiana House Bill HB85 Comm Sub / Analysis

                    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)]
CONFERENCE COMMITTEE REP ORT DIGEST
HB 85	2019 Regular Session	Billiot
Keyword and oneliner of the instrument as it left the House
CRIMINAL/VICTIMS:  Provides relative to criteria for making awards to crime victims
Report adopts Senate amendments to:
1. Provide that for proposed law to apply, the victim's or claimant's conviction or adjudication
shall be unrelated to the offense for which reparations would otherwise be awarded.
Report rejects Senate amendments which would have:
1. Provided that no claimant or victim shall be denied or deemed ineligible for reparations, nor
shall any award for reparations be reduced, solely on any of the bases provided for in
proposed law.
Digest of the bill as proposed by the Conference Committee
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 unrelated to the offense for
which reparations would otherwise be awarded pursuant to present law.
(Adds R.S. 46:1809(E))