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.
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.
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))