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2023 Regular Session
HOUSE BILL NO. 439
BY REPRESENTATIVE BRYANT
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
FUNDS/FUNDING: Creates the Victims of Vehicular Homicide Fund
1 AN ACT
2To amend and reenact R.S. 44:4.1(B)(31) and R.S. 46:1807(A) and to enact R.S.
3 46:1807(B)(8) and Chapter 21-A of Title 46 of the Louisiana Revised Statutes of
4 1950, to be comprised of R.S. 46:1823 through 1838, relative to victims of vehicular
5 homicide; to provide relative to the powers and duties of the Crime Victims
6 Reparations Board; to provide exceptions to public record requirements for certain
7 information submitted to the board; to authorize the board to take actions and
8 perform duties necessary relative to victims of vehicular homicide; to create the
9 Victims of Vehicular Homicide Fund; to provide relative to the payment of
10 reparations for pecuniary loss for death resulting from vehicular homicide; to provide
11 relative to applications for reparations; to provide relative to the criteria for the
12 payment of reparations; to provide relative to sources of money in the fund; to
13 provide relative to termination; to provide relative to the amount of the reparations
14 award; to provide relative to reports; to provide relative to limited liability of the
15 state; and to provide for related matters.
16Be it enacted by the Legislature of Louisiana:
17 Section 1. R.S. 44:4.1(B)(31) is hereby amended and reenacted to read as follows:
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1 §4.1. Exceptions
2 * * *
3 B. The legislature further recognizes that there exist exceptions, exemptions,
4 and limitations to the laws pertaining to public records throughout the revised
5 statutes and codes of this state. Therefore, the following exceptions, exemptions, and
6 limitations are hereby continued in effect by incorporation into this Chapter by
7 citation:
8 * * *
9 (31) R.S. 46:56, 123(K), 236.1.1 through 238, 284, 286.1, 439.1, 446.1,
10 1073, 1355, 1806, 1827, 1844, 1862, 1923, 2124.1, 2134, 2187, 2356, 2416, 2597,
11 2603, 2625
12 * * *
13 Section 2. R.S. 46:1807(A) is hereby amended and reenacted and R.S. 46:1807(B)(8)
14and Chapter 21-A of Title 46 of the Louisiana Revised Statutes of 1950, comprised of R.S.
1546:1823 through 1838, is hereby enacted to read as follows:
16 §1807. Powers and duties of board; staff
17 A. The board shall administer the provisions of this Chapter and Chapter 21-
18 A of this Title and shall be responsible, in accordance with this Chapter and Chapter
19 21-A of this Title, for determining all matters pertaining to applications for
20 reparations, investigations, and determinations based upon its findings, the granting
21 or rejecting of claims, and fixing the amounts of such grants or payments and the
22 methods of their payment.
23 B. In the performance of its powers and duties the board shall:
24 * * *
25 (8) Take such actions and perform such other functions as are required by
26 Chapter 21-A of this Title or necessary to perform its purposes.
27 * * *
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1 CHAPTER 21-A. VICTIMS OF VEHICULAR HOMICIDE
2 §1823. Short title
3 This Chapter may be cited as the Victims of Vehicular Homicide Act.
4 §1824. Definitions
5 As used in this Chapter:
6 (1) "Board" means the Crime Victims Reparations Board as provided in R.S.
7 46:1803.
8 (2) "Collateral source" means a source of benefits for pecuniary loss
9 awardable, other than under this Chapter, which the claimant has received or which
10 is readily available to him from any or all of the following:
11 (a) The offender under an order of restitution to the claimant imposed by a
12 court as a condition of probation or otherwise.
13 (b) The United States or a federal agency, a state or any of its political
14 subdivisions, or an instrumentality of two or more states.
15 (c) Social Security, Medicare, and Medicaid.
16 (d) Workers' compensation.
17 (e) Wage continuation programs of an employer.
18 (f) Proceeds of a contract of insurance payable to the claimant for pecuniary
19 loss sustained by the claimant by reason of the crime.
20 (3) "Pecuniary loss" means the amount of expense reasonably and
21 necessarily incurred by reason of personal injury, as a consequence of death, or a
22 catastrophic property loss, and includes:
23 (a) For personal injury:
24 (i) Medical, hospital, nursing, or psychiatric care or counseling, and physical
25 therapy.
26 (ii) Actual loss of past earnings and anticipated loss of future earnings
27 because of a disability resulting from the personal injury or the receipt of medically
28 indicated services by a victim related to the personal injury.
29 (iii) Care of a child or dependent.
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1 (b) As a consequence of death:
2 (i) Funeral, burial, or cremation expenses.
3 (ii) Loss of support to one or more dependents not otherwise compensated
4 for as a pecuniary loss for personal injury.
5 (iii) Care of a child or children enabling the surviving spouse of a victim or
6 the legal custodian or caretaker of the deceased victim's child or children to engage
7 in lawful employment, where that expense is not otherwise compensated for as a
8 pecuniary loss for personal injury.
9 (iv) Counseling or therapy for any surviving family member of the victim
10 or any person in close relationship to such victim.
11 (3.1) "Pecuniary loss" does not include loss attributable to pain and
12 suffering.
13 (4) "Reparations" means payment of compensation in accordance with the
14 provisions of this Chapter for pecuniary loss resulting from death by reason of a
15 crime enumerated in this Chapter.
16 (5) "Victim" means:
17 (a) Any person who suffers death as a result of a crime committed in this
18 state and covered by this Chapter.
19 (b) A Louisiana resident who suffers death as a result of a crime described
20 in R.S. 46:1826, except that the criminal act occurred outside of this state. The
21 resident shall have the same rights under this Chapter as if the act had occurred in
22 this state upon a showing that the state in which the act occurred does not have an
23 eligible reparations program and the crime would have been compensable had it
24 occurred in Louisiana. In this Subparagraph, "Louisiana resident" means a person
25 who maintained a place of permanent abode in this state at the time the crime was
26 committed for which reparations are sought.
27 §1825. Eligibility to apply for reparations
28 A. Survivors enumerated in Civil Code Article 2315.2 shall be eligible to
29 make an application to the board for reparations and shall be eligible for an award
30 of reparations in accordance with the provisions of this Chapter.
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1 B. During sentencing, the judge shall inform such survivor of eligibility for
2 an award of reparations. The judge shall also provide the contact information for the
3 board to such persons for submitting an application to the board for an award of
4 reparations.
5 §1826. Crimes to which Chapter applies
6 A. The board may make an award and order the payment of reparations for
7 pecuniary loss in accordance with the provisions of this Chapter for death resulting
8 from the offense of vehicular homicide, pursuant to R.S. 14:32.1, and the offender
9 failed to maintain compulsory motor vehicle liability security pursuant to R.S.
10 32:861.
11 B. For the purposes of this Chapter, a person shall be deemed to have
12 committed a criminal act or omission notwithstanding that by reason of age, insanity,
13 or other reason he was legally incapable of committing a crime.
14 §1827. Application; requirements; confidentiality
15 A.(1) An application for reparations shall be filed in writing with the board
16 within one year after the date of the death or within such longer period as the board
17 determines is justified by the circumstances. The application shall be valid only if
18 reasonable documentation of the crime resulting in the death is submitted with the
19 application.
20 (2) For the purposes of this Subsection, "reasonable documentation" means
21 any of the following:
22 (a) A police report documenting the commission of the crime of vehicular
23 homicide, pursuant to R.S. 14:32.1, and documenting that the defendant did not
24 maintain compulsory motor vehicle liability security pursuant to R.S. 32:861.
25 (b) Court records evidencing the criminal prosecution of the crime of
26 vehicular homicide, pursuant to R.S. 14:32.1.
27 (c) A certification of the crime signed under oath by a prosecuting attorney
28 or investigating law enforcement officer who has personal involvement in the
29 prosecution or investigation of the criminal case relative to the application.
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1 (d) A copy of the death certificate.
2 B. Application shall be made on a form prescribed and provided by the
3 board, which shall contain the following:
4 (1) A description of the date, nature, and circumstances of the act or acts
5 resulting in the death of the victim.
6 (2) A copy of the death certificate.
7 (3) An authorization permitting the board or its representatives to verify the
8 contents of the application.
9 C. The following information, when submitted to the board as part of an
10 application, shall be confidential:
11 (1) Documents which relate to medical treatment including any itemized
12 billing statements.
13 (2) Law enforcement investigative reports.
14 D. Records, documents, and information in the possession of the board
15 received pursuant to a law enforcement investigation or a verification of application
16 by a law enforcement agency shall be considered investigative records of a law
17 enforcement agency as described in R.S. 44:3 and shall not be disseminated under
18 any condition without the permission of the agency providing the record or
19 information to the board.
20 §1828. Criteria for making awards; prohibitions; authority to deny or reduce awards
21 A. The board shall order the payment of reparations in an amount determined
22 by it if, upon receipt of the application and without hearings, it finds by a
23 preponderance of the evidence that pecuniary loss was sustained by reason of death
24 and that such loss was proximately caused by the crime of vehicular homicide,
25 pursuant to R.S. 14:32.1, and that such pecuniary loss has or will not be compensated
26 from any collateral or other source.
27 B. A finding by the board, for purposes of considering an application for
28 award under this Chapter, that the commission of a crime enumerated in R.S.
29 46:1826 resulted in a pecuniary loss covered by this Chapter shall be a sufficient
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1 finding with respect to the crime giving rise to the application for a reparations
2 award. An order for reparations may be made whether or not any person is arrested,
3 prosecuted, or convicted of the crime giving rise to the application for reparations.
4 The board may suspend proceedings in the interest of justice if a civil or criminal
5 action arising from such act or omission constituting the crime is pending or
6 imminent.
7 C. No person shall be denied or otherwise deemed ineligible for reparations
8 pursuant to this Chapter, nor shall any award for reparations pursuant to this Chapter
9 be reduced, on the basis that the person has any conviction or adjudication of
10 delinquency, on the basis that the person is currently on probation or parole, or on
11 the basis that the person has previously served any sentence of incarceration,
12 probation, or parole unrelated to the offense for which reparations would otherwise
13 be awarded pursuant to this Chapter.
14 §1829. Amount of reparations award
15 Awards payable under this Chapter shall not exceed fifty thousand dollars for
16 two or more victims and twenty-five thousand dollars for one victim, in the
17 aggregate, for all claims arising out of the same crime.
18 §1830. Reparation order; terms and conditions
19 A. The board may order the payment of an award in a lump sum.
20 B. The state treasurer shall pay to the person named in the order of payment
21 of reparations the amount stated therein in accordance with the provisions of such
22 order.
23 C. The board shall not be subject to garnishment, execution, or attachment
24 on any award.
25 §1831. Finality of decision
26 A decision or order of the board with respect to any application or claim for
27 reparations shall be final and shall not be subject to any review by a court.
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1 §1832. Effect of reparations award on right to recover damages in civil action;
2 repayment of award
3 A. An order for reparations payments under this Chapter shall not affect the
4 right of any person to institute a civil suit to recover damages for the death from any
5 other person. However, if damages in a civil action are recovered, from the offender
6 or any other third party, the person shall reimburse the Victims of Vehicular
7 Homicide Board, through the board, in an amount equal to the amount of the
8 reparations award or such lesser amount as is recovered in damages in the civil
9 action.
10 B. When any person who has received an award from the board files a civil
11 action to recover damages, he shall, at the time of the filing of the suit, notify the
12 board and the attorney general.
13 §1833. Recovery from the offender
14 A. Whenever any person is charged with vehicular homicide under R.S.
15 14:32.1 and an order for the payment of reparations is or has been made under this
16 Chapter from the act constituting the crime for the charge, the attorney general,
17 within two years after the date on which charges are final, may institute a civil action
18 against the person charged for the recovery of all or any part of the reparations
19 payment. The suit shall be instituted in the district court having jurisdiction in the
20 parish in which such person resides or is found or, in Orleans Parish, in the civil
21 district court for that parish. The court shall have jurisdiction to hear, determine, and
22 render judgment in any such action. Any amount recovered under this Subsection
23 shall be deposited in the state treasury and, after meeting the requirements of Article
24 VII, Section 9 of the Constitution of Louisiana, credited to the Victims of Vehicular
25 Homicide Fund hereinafter created. If an amount greater than that paid pursuant to
26 the order for payment of reparations is recovered and collected in any such action,
27 the board shall pay the balance to the person.
28 B. The board shall provide the attorney general with such information, data,
29 and reports as he may require to institute actions in accordance with this Section.
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1 §1834. Victims of Vehicular Homicide Fund; creation; sources and use of funds
2 A. The Victims of Vehicular Homicide Fund, hereinafter referred to as "the
3 fund," is hereby created as a special fund in the state treasury.
4 B. The fund shall be composed of:
5 (1) Monies derived from appropriations by the legislature or private funds
6 not to exceed five hundred thousand dollars per fiscal year.
7 (2) Any federal monies made available to the state for victim compensation.
8 (3) All monies received from any action to recover damages for a crime
9 which was the basis of a reparations award under this Chapter.
10 (4) Any gift, grant, devise, or bequest of monies or properties of any nature
11 or description.
12 C. Monies in the fund shall be invested by the treasurer in the same manner
13 as state general fund monies. Unexpended and unencumbered monies in the fund at
14 the end of the fiscal year shall remain in the fund. Subject to appropriation, monies
15 in the fund shall be used solely to pay reparation awards pursuant to this Chapter and
16 disbursements therefrom shall be made by the state treasurer upon written order of
17 the board, signed by the chairman, or a court.
18 §1835. Report to legislature and governor
19 The board shall submit an annual report to the legislature and the governor
20 detailing its activities during the preceding year. The report shall be made available
21 electronically on the website of the Louisiana Commission on Law Enforcement. A
22 sufficient number of copies shall be printed for distribution to the governor, the
23 chairman of the House Committee on Judiciary, the chairman of the Senate
24 Committee on Judiciary C, and to as many others as may be requested.
25 §1836. Penalty for fraud
26 No person shall procure or counsel another person to procure reparations
27 under the provisions of this Chapter by any fraud. The penalty for the violation of
28 the provisions of this Section shall be a fine of not more than five hundred dollars
29 or imprisonment for not more than one year, or both.
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1 §1837. Limited liability of the state
2 The state shall not be liable for the claim of any applicant in excess of the
3 funds appropriated for the payment of claims under this Chapter.
4 §1838. Termination of fund
5 Unless otherwise extended, the provisions of this Chapter shall be null, void,
6 and without effect and shall cease to exist on August 1, 2027.
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 439 Reengrossed 2023 Regular Session Bryant
Abstract: Creates the Victims of Vehicular Homicide Fund and provides relative to the
payment of reparations.
Present law (R.S. 46:1807), relative to the Crime Victims Reparations Board (board),
requires the board to take certain actions in regard to the performance of its powers and
duties.
Proposed law adds that the board shall also take such actions and perform such other
functions as are required by proposed law (relative to Victims of Vehicular Homicide Act).
Proposed law creates the Victims of Vehicular Homicide Act and provides for definitions
for certain terms, including but not limited to: board, collateral source, pecuniary loss, and
victim.
Proposed law creates the Victims of Vehicular Homicide Fund as a special fund in the
treasury from which awards under the proposed law shall be paid.
Proposed law authorizes the board to make an award and order the payment of reparations
for pecuniary loss for death resulting from the present law offense of vehicular homicide
(R.S. 14:32.1), if the offender failed to maintain compulsory motor vehicle liability security
pursuant to present law (R.S. 32:861).
Proposed law provides for the requirements for applications and provides that applications
for reparations shall be filed in writing with the board within one year after the date of the
death or within such longer period as the board determines is justified by the circumstances.
Requires certain reasonable documentation to be submitted with the application.
Proposed law provides that certain information shall be confidential when submitted to the
board.
Proposed law provides that the board shall order payments of reparations without hearings.
Proposed law requires the board to order the payment of reparations in an amount
determined by it if, with or without hearings, it finds by a preponderance of evidence that
pecuniary loss was sustained by reason of death and that such loss was proximately caused
by the crime of vehicular homicide.
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Proposed law provides that awards payable under proposed law shall not exceed $50,000 in
the aggregate for all claims arising out of the same crime. Further authorizes the board to
order the payment of an award in a lump sum or in installments.
Proposed law authorizes the board to make an emergency award pending its final decision
in the case. Provides that an emergency award shall not exceed $1,000.
Proposed law provides that whenever any person is convicted of vehicular homicide or
operating a vehicle while intoxicated and an order for the payment of reparations is or has
been made pursuant to proposed law, the attorney general, within one year after the date on
which the judgment of conviction becomes final, may institute a civil action against the
convicted person for the recovery for all or any part of the reparations payment. Further
provides that any amount recovered shall be deposited in the state treasury and credited to
the Victims of Vehicular Homicide Fund.
Proposed law provides that in addition to any other costs otherwise imposed by present law
a cost of not less than $50,000 for vehicular homicide or operating a motor vehicle while
intoxicated is levied in each criminal action which results in a conviction or guilty plea.
Provides that the cost is paid by the defendant and a periodic payment plan may be ordered.
Proposed law requires the board to submit an annual report to the legislature and the
governor detailing its activities during the preceding year.
Proposed law provides that the state shall not be liable for the claim of any applicant in
excess of the funds appropriated for the payment of claims under proposed law.
Proposed law terminates the fund on Aug. 1, 2027.
(Amends R.S. 44:4.1(B)(31) and R.S. 46:1807(A); Adds R.S. 46:1807(B)(8) and 1823-1838)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Judiciary to the original
bill:
1. Add documentation of failure to maintain compulsory motor vehicle insurance
as a form of reasonable documentation.
2. Add a copy of the death certificate in lieu of any documentation the board deems
sufficient.
3. Remove provisions for emergency awards.
4. Add an amount of $25,000 in reparations for survivors when there is only one
victim of vehicular homicide and an amount of $50,000 when there are two or
more victims of vehicular homicide.
5. Remove the requirement of hearings and all related evidentiary and procedural
provisions.
6. Require the monies for the fund to be derived from the legislature or private
funds not to exceed $50,000.
7. Remove court cost of $50,000 imposed on persons convicted of vehicular
homicide or driving while intoxicated.
8. Remove the award of attorney fees.
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9. Terminate the fund on Aug. 1, 2027.
The Committee Amendments Proposed by House Committee on Appropriations to the
engrossed bill:
1. Add a cross reference to present law open meetings law exceptions (R.S.
44:4.1(B)(31)).
2. Add language that the fund created in proposed law is a special fund in the state
treasury.
3. Add language providing for investment of monies in the fund and unexpended
and unencumbered monies in the fund at the end of the fiscal year.
4. Add that subject to appropriation monies in the fund shall be used solely for
reparations.
5. Make technical changes.
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