RÉSUMÉ DIGEST
ACT 451 (HB 439) 2023 Regular Session Bryant
Existing 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.
New law adds that the board shall also take such actions and perform such other functions
as are required by new law (relative to Victims of Vehicular Homicide Act).
New 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 new
law shall be paid.
New law provides definitions for "board", "reparations", and "victim".
New law authorizes the board to make an award and order the payment of reparations for loss
for death resulting from the existing law offense of vehicular homicide (R.S. 14:32.1) when
the offender failed to maintain compulsory motor vehicle liability security pursuant to
existing law (R.S. 32:861) and the victim failed to maintain uninsured motorist coverage.
New 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.
New law provides that the board shall order payments of reparations without hearings.
New 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.
New law provides that awards payable under new 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.
New 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.
New 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 new 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.
New law provides that, in addition to any other costs otherwise imposed by existing 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.
New law requires the board to submit an annual report to the legislature and the governor
detailing its activities during the preceding year.
New 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 new law.
New law terminates the fund on Aug. 1, 2027.
Effective August 1, 2023. (Amends R.S. 44:4.1(B)(31) and R.S. 46:1807(A); Adds R.S. 46:1807(B)(8) and 1823-1838)