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 Engrossed 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 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.
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. 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.
9. Terminate the fund on Aug. 1, 2027.