SSHB439 3351 4118
HOUSE SUMMARY OF SENATE AMENDMENTS
HB 439 2023 Regular Session Bryant
FUNDS/FUNDING: Creates the Victims of Vehicular Homicide Fund
Synopsis of Senate Amendments
1.Makes technical changes.
Digest of Bill as Finally Passed by Senate
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 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 provides definitions for "board", "reparations", and "victim".
Proposed law authorizes the board to make an award and order the payment of reparations
for loss for death resulting from the present law offense of vehicular homicide (R.S. 14:32.1)
when the offender failed to maintain compulsory motor vehicle liability security pursuant to
present law (R.S. 32:861) and the victim failed to maintain uninsured motorist coverage.
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 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 the board if, with or without hearings, it finds by a preponderance of evidence that 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 $60,000,
per occurrence, 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 two years 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.
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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.
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.
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5. Make technical changes.
The House Floor Amendments to the reengrossed bill:
1. Make technical changes.
2. Remove references to "pecuniary".
3. Remove the definition of "collateral source".
4. Remove proposed law reference to the lack of reparations for criminal acts
occurring outside of this state.
5. Add requirement that victim failed to maintain uninsured motorist coverage.
6. Remove confidentiality of information submitted to the board.
7. Remove authority to order reparations whether or not there is an arrest,
prosecution, or conviction for the crime.
8. Increase the maximum amount of reparations award from $50,000 to $60,000.
9. Remove requirement to notify the attorney general of the filing of a civil action.
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