HLS 22RS-644 ORIGINAL
2022 Regular Session
HOUSE BILL NO. 648
BY REPRESENTATIVE HILFERTY
CRIMINAL/VICTIMS: Provides relative to the Crime Victims Reparations Act
1 AN ACT
2To amend and reenact R.S. 46:1802(10), 1806(A), 1809(B), 1810(A), and 1813(A), relative
3 to the Crime Victims Reparations Act; to provide relative to definitions; to provide
4 relative to application time periods; to provide relative to documentation; to provide
5 relative to the issuance of reparations awards; to provide relative to reporting
6 requirements; to provide relative to the amount of reparations awards; to provide
7 relative to the amount of emergency awards; and to provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 46:1802(10), 1806(A), 1809(B), 1810(A), and 1813(A) are hereby
10amended and reenacted to read as follows:
11 §1802. Definitions
12 As used in this Chapter:
13 * * *
14 (10) "Pecuniary loss" means the amount of expense reasonably and
15 necessarily incurred by reason of personal injury, as a consequence of death, or a
16 catastrophic property loss, and includes:
17 (a) For personal injury:
18 * * *
19 (vi) Relocation for claimants who have to relocate as a result of the crime for
20 reasons of personal safety or other reasons reasonably related to the crime.
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1 (b) As a consequence of death:
2 * * *
3 (vi) Relocation for claimants who have to relocate as a result of the crime
4 due to the death of the victim.
5 * * *
6 §1806. Application; requirements; confidentiality
7 A.(1)(a) An application for reparations shall be filed in writing with the
8 board within one year three years after the date of the personal injury, death, or
9 catastrophic property loss or within such longer period as the board determines is
10 justified by the circumstances. The application shall be valid only if the act
11 reasonable documentation of the crime resulting in the personal injury, death, or
12 catastrophic property loss was reported to the appropriate law enforcement officers
13 within seventy-two hours after the date of the personal injury, death, or catastrophic
14 property loss, or within such longer period as the board determines is justified by the
15 circumstances is submitted with the application.
16 (b) For the purposes of this Subsection, "reasonable documentation" means
17 any of the following:
18 (i) A police report documenting the commission of the crime.
19 (ii) Court records evidencing the criminal prosecution of a crime relevant to
20 the application.
21 (iii) A certification of the crime signed under oath by any licensed clinical
22 social worker, professional counselor, or healthcare provider that conducted an
23 examination of the injuries resulting from the commission of the crime.
24 (iv) A certification of the crime signed under oath by a prosecuting attorney
25 or investigating law enforcement officer who has personal involvement in the
26 prosecution or investigation of any criminal case relative to the application.
27 (v) Any other documentation the board deems sufficient to show the
28 commission of a crime relevant to the application.
29 * * *
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1 §1809. Criteria for making awards; prohibitions; authority to deny or reduce awards
2 * * *
3 B. In making its determination, the following provisions shall apply:
4 (1) A finding by the board, for purposes of considering an application for
5 award under this Chapter, that the commission of a crime enumerated in R.S.
6 46:1805(A) resulted in a pecuniary loss covered by this Chapter shall be a sufficient
7 finding with respect to the crimes giving rise to the application for a reparations
8 award. However, the board may make a partial eligibility determination on an
9 application prior to the incurring of a pecuniary loss by the victim or other claimant.
10 When one part of an award is denied, the board shall favor a partial award over the
11 total denial. An order for reparations may be made whether or not any person is
12 arrested, prosecuted, or convicted of the crime giving rise to the application for
13 reparations. The board may suspend proceedings in the interest of justice if a civil
14 or criminal action arising from such act or omission constituting the crime is pending
15 or imminent.
16 * * *
17 (3)(a) No award of reparations shall be made if the board finds that:
18 (i) The crime was not reported within the time specified by R.S. 46:1806(A).
19 (ii) The claimant failed or refused to cooperate substantially with the
20 reasonable requests of appropriate law enforcement officials.
21 (iii) Reparations may substantially enrich the offender.
22 (iv) The claimant was the offender or an accessory, or that an award to the
23 claimant would unjustly benefit any of them. However, such ineligibility shall not
24 apply if the claimant is a victim of human trafficking or trafficking of children for
25 sexual purposes.
26 (v) The claim was not filed timely, as provided by R.S. 46:1806(A) and (B).
27 (vi) The crime was committed prior to the effective date of this Chapter.
28 * * *
29 (4) The board may deny or reduce an award:
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1 (a) If it finds that the behavior of the victim at the time of the crime giving
2 rise to the claim was such that the victim bears some measure of responsibility for
3 the crime that caused the physical injury, death, or catastrophic property loss or for
4 the physical injury, death, or catastrophic property loss. However, such ineligibility
5 shall not apply if the claimant is a victim of a human trafficking-related offense as
6 defined by R.S. 46:1805 or a sexually-oriented criminal offense as defined by R.S.
7 15:622.
8 (b) To the extent that the pecuniary loss is recouped from collateral or other
9 sources.
10 (c)(b) If it finds that the vehicle operated by the victim was without security
11 as required by R.S. 32:861.
12 (d)(c) If it finds that the victim was not wearing a safety belt in compliance
13 with R.S. 32:295.1.
14 (e)(d) If it finds that the victim was a willing passenger in a motor vehicle,
15 boat, or aircraft that was operated by an individual who was in violation of R.S.
16 14:98 or 98.1.
17 * * *
18 §1810. Amount of reparations award
19 A. Awards payable under this Chapter shall not exceed ten thousand dollars
20 in the aggregate for all claims arising out of the same crime except for those victims
21 who are permanently, totally, or permanently and totally disabled as a result of the
22 crime, the aggregate award shall not exceed twenty-five thousand dollars.
23 * * *
24 §1813. Emergency awards
25 A. If it appears to the board prior to its taking action on a claim that an award
26 likely will be made and that undue hardship will result to the claimant if no
27 immediate economic relief is provided, the board may make an emergency award to
28 the claimant pending its final decision in the case. The amount of an emergency
29 award shall not exceed five hundred one thousand dollars.
30 * * *
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HB NO. 648
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 648 Original 2022 Regular Session Hilferty
Abstract: Modifies provisions of the Crime Victims Reparations Act pertaining to
applications, eligibility, and awards.
Present law (R.S. 46:1801 et seq.) provides for the Crime Victims Reparations Act.
Present law (R.S. 46:1802) provides for definitions.
Present law (R.S. 46:1802(10)) provides for the definition of "pecuniary loss" as the amount
of expense reasonably incurred by reason of personal injury, as a consequence of death, or
catastrophic property loss.
Present law (R.S. 46:1802(10)(a)) provides the following as pecuniary losses for personal
injury:
(1)Medical, hospital, nursing, or psychiatric care or counseling, and physical therapy.
(2)Actual loss of past earnings and anticipated loss of future earnings.
(3)Care of a child or dependent.
(4)Counseling or therapy for parents or siblings of a victim of a sexual crime.
(5)Loss of support for a child victim of a sexual crime not otherwise compensated for
as a pecuniary loss.
Proposed law retains present law and adds costs of relocation for claimants who have to
relocate as a result of a crime as a pecuniary loss for personal injury.
Present law (R.S. 46:1802)(10)(b)) provides the following as pecuniary losses as a
consequence of death:
(1)Funeral, burial, or cremation expenses.
(2)Loss of support to one or more dependents not otherwise compensated for.
(3)Care of a child or children when the victim's surviving spouse or legal custodian or
caretakers of the deceased victim's child is engaged in lawful employment.
(4)Counseling or therapy for surviving family members and victim's close relationships.
(5)Crime scene cleanup.
Proposed law retains present law and adds costs of relocation due to the death of the victim
as a pecuniary loss as consequence of death.
Present law (R.S. 46:1806) provides for application for reparation requirements. Provides
for the requirement that an application for reparations be filed within one year of the date
of the personal injury, death, or catastrophic property lost.
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Proposed law extends the present law filing period from one year to three years.
Present law provides that the application for reparations shall only be valid if the act
resulting in the personal injury, death, or catastrophic property loss was reported to
appropriate law enforcement officers within 72 hours after the date of the act.
Proposed law changes present law and requires the application be submitted with reasonable
documentation.
Proposed law defines "reasonable documentation".
Present law (R.S. 46:1809) provides for the criteria of making awards for payment of
reparations. Provides that the board may make partial eligibility determination on an
application prior to the victim or other claimant incurring a pecuniary loss.
Proposed law retains present law and adds that when one part of the reparations award is
denied, the board shall prefer a partial award over total denial of the award.
Present law provides that a reparations award shall be made when:
(1)The claimant failed to report the crime within 72 hours.
(2)The claimant failed to cooperate substantially with reasonable requests by officers.
(3)Offender may be enriched.
(4)The claimant was the offender or an accessory and would unjustly benefit them.
Present law does not apply if claimant is a victim of trafficking.
(5)The claim was not timely filed.
(6)The crime was committed prior to the effective date of the Crime Victims
Reparations Act (effective July 17, 1982).
Proposed law repeals present law.
Present law provides that the board may deny or reduce an award in multiple circumstances
including if the behavior of the victims bears some responsibility for the crime that caused
the physical injury, death, or catastrophic property loss. Present law does not apply if
claimant is a victim of a human trafficking-related offense or sexually-oriented criminal
offense.
Proposed law repeals present law.
Present law (R.S. 46:1810) provides for the amount of reparations award. Provides that
awards shall not exceed $10,000 in the aggregate for all claims arising out of the same crime.
Present law exempts victims who are disabled as a result of the crime, with the award not
exceeding $25,000.
Proposed law changes present law by removing the exemption and providing that the awards
payable shall not exceed $25,000.
Present law provides for emergency reparations awards while the final decision is pending.
Provides for an emergency award of up to $500.
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Proposed law changes present law to provide for an emergency award of up to $1,000.
(Amends R.S. 46:1802(10), 1806(A), 1809(B), 1810(A), and 1813(A))
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