reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1805. Crimes to which Chapter applies

RS 46:1805 - Crimes to which Chapter applies
A. The board may make an award and order the payment of reparations for pecuniary loss in accordance with the provisions of this Chapter for personal injury, death, or catastrophic property loss resulting from any act or omission to act that is defined as a misdemeanor under any local ordinance or as a crime under state or federal law and involves the use of force or the threat of the use of force or any human trafficking-related offense.
B.(1) For the purposes of this Chapter, the operation of a motor vehicle, boat, or aircraft that results in personal injury or death shall not constitute a crime unless the personal injury or death was intentionally inflicted through the use of such vehicle, boat, or aircraft, or was caused by an operator in violation of R.S. 14:98, 98.1, or 100.
(2) "Intentionally inflicted" includes, but is not limited to personal injury or death resulting due to operation of a motor vehicle, boat, or aircraft used to flee the scene of a crime in which the operator of the motor vehicle, boat, or aircraft knowingly participated.
(3) "Human trafficking-related offense" shall include the perpetration or attempted perpetration of R.S. 14:46.2 or 46.3 or any other crime involving commercial exploitation including R.S. 14:81.1, 81.3, 82, 82.1, 82.2, 83, 83.1, 83.2, 83.3, 83.4, 84, 85, 86, 89.2, 104, 105, and 282.
C. For the purposes of this Chapter, a person shall be deemed to have committed a criminal act or omission notwithstanding that by reason of age, insanity, drunkenness, or other reason he was legally incapable of committing a crime.
Added by Acts 1982, No. 250, §1, eff. July 17, 1982. Acts 1984, No. 844, §2, eff. July 13, 1984; Acts 1985, No. 542, §1; Acts 1987, No. 474, §1; Acts 1989, No. 255, §1; Acts 1989, No. 306, §1; Acts 1997, No. 1296, §6, eff. July 15, 1997; Acts 2014, No. 564, §4.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1808. Procedure by the board; public hearings; right to counsel

RS 46:1808 - Procedure by the board; public hearings; right to counsel
A. Upon receipt of one or more applications for reparations resulting from the same crime, the board shall examine the application to determine that it is complete and shall schedule all of such claims for consideration at the same time. If the board determines that a hearing is necessary to a decision in the matter, it shall fix the day, time, and place thereof and shall notify the claimant or claimants and such other persons as have indicated a desire to be present or that the board desires to hear. The notice shall be in writing and shall be mailed by certified mail at least ten days prior to the day fixed for the hearing.
B. Hearings shall be open to the public unless in a particular case the board determines that all or part of the hearing should be closed, taking into consideration the fact that an accused has not been convicted or that a closed hearing is in the best interest of the victim. The applicant may appear and be heard and present evidence on his own behalf or through counsel or legal representative. Any person who has a substantial interest in the proceedings, as determined by the board, may appear before the board and shall have the right to introduce evidence and cross examine witnesses.
C. The members of the board and the attorney representing the board, if any, may question and cross examine witnesses. The board may bring before it physicians or other experts to examine any claimant. The board may receive in evidence any statement, document, information, or matter that it believes may contribute to the purposes of the hearing or to any of its deliberations, whether or not a hearing is held and whether or not any of them would be admissible in court.
Added by Acts 1982, No. 250, §1, eff. July 17, 1982.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1810. Amount of reparations award

RS 46:1810 - Amount of reparations award
A. Awards payable under this Chapter shall not exceed fifteen thousand dollars in the aggregate for all claims arising out of the same crime except for those victims who are permanently, totally, or permanently and totally disabled as a result of the crime, the aggregate award shall not exceed twenty-five thousand dollars.
B. In no case shall the total aggregate of awards given during any fiscal year to claimants residing in the same parish exceed the total amount of costs levied, collected, and remitted by that parish to the Louisiana Commission on Law Enforcement and Administration of Criminal Justice as required by R.S. 46:1816(D) for the preceding two fiscal years prior to the date of the crime to which this Chapter applies, or ten thousand dollars, whichever is greater. This Subsection shall not apply if the board determines that a qualified claimant would suffer severe and undue hardship if economic relief is not provided.
Acts 1983, No. 161, §1; Acts 1985, No. 542, §1; Acts 1989, No. 199, §1; Acts 1989, No. 256, §1; Acts 1991, No. 409, §1; Acts 2022, No. 487, §2.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1811. Reparation order; terms and conditions

RS 46:1811 - Reparation order; terms and conditions
A. The board may order the payment of an award in a lump sum or in installments. That part of an award equal to the amount of the pecuniary loss accrued to the date of the award shall be paid in a lump sum. In all other respects the board shall determine all matters respecting the payment of awards, consistent with the provisions of this Chapter.
B.(1) The board shall deduct from any payments it orders any amounts received from any collateral source.
(2) If a claimant receives payment from a collateral source after receiving an award from the Crime Victims Reparations Fund, then to the extent the total amount received exceeds the actual loss experienced the claimant shall reimburse the Crime Victims Reparations Fund, through the board.
C. The state treasurer shall pay to the person named in the order of payment of reparations the amount named therein in accordance with the provisions of such order.
D. The board shall not be subject to garnishment, execution, or attachment on any award.
Added by Acts 1982, No. 250, §1, eff. July 17, 1982. Acts 1986, No. 123, §1; Acts 1989, No. 257, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1812. Finality of decision

RS 46:1812 - Finality of decision
A decision or order of the board with respect to any application or claim for reparations shall be subject to review in accordance with the provisions of Chapter 13 of Title 49 of the Louisiana Revised Statutes of 1950.
Added by Acts 1982, No. 250, §1, eff. July 17, 1982.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1813. Emergency awards

RS 46:1813 - Emergency awards
A. If it appears to the board prior to its taking action on a claim that an award likely will be made and that undue hardship will result to the claimant if no immediate economic relief is provided, the board may make an emergency award to the claimant pending its final decision in the case. The amount of an emergency award shall not exceed one thousand dollars.
B. The amount of any emergency award shall be deducted from any final award made to the claimant receiving the emergency award. The claimant shall repay to the board the excess of the emergency award over the final award, or the full amount if no final award is made. However, the board may waive all or part of the repayment if in its judgment repayment would cause severe financial hardship.
Added by Acts 1982, No. 250, §1, eff. July 17, 1982; Acts 2022, No. 487, §2.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1814. Effect of reparations award on right to recover damages in civil action; repayment of award

RS 46:1814 - Effect of reparations award on right to recover damages in civil action; repayment of award
A. An order for reparations payments under this Chapter shall not affect the right of any person to institute a civil suit to recover damages for the personal injury, death, or catastrophic property loss from any other person. However, if damages in a civil action are recovered, from the offender or any other third party, the person shall reimburse the Crime Victims Reparations Fund, through the board, in an amount equal to the amount of the reparations award or such lesser amount as is recovered in damages in the civil action.
B. When any person who has received an award from the board files a civil action to recover damages, he shall, at the time of the filing of the suit, notify the board and the attorney general.
Added by Acts 1982, No. 250, §1, eff. July 17, 1982; Acts 1991, No. 409, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1815. Recovery from the criminal

RS 46:1815 - Recovery from the criminal
A. Whenever any person is convicted of a crime and an order for the payment of reparations is or has been made under this Chapter for a personal injury, death, or catastrophic property loss resulting from the act or omission constituting the crime for which conviction was had, 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 of all or any part of the reparations payment. The suit shall be instituted in the district court having jurisdiction in the parish in which such person resides or is found or, in Orleans Parish, in the civil district court for that parish. The court shall have jurisdiction to hear, determine, and render judgment in any such action. Any amount recovered under this Subsection shall be deposited in the state treasury and, after meeting the requirements of Article VII, Section 9 of the Constitution of Louisiana, credited to the Crime Victims Reparations Fund hereinafter created. If an amount greater than that paid pursuant to the order for payment of reparations is recovered and collected in any such action, the board shall pay the balance to the claimant.
B. The board shall provide the attorney general with such information, data, and reports as he may require to institute actions in accordance with this Section.
Added by Acts 1982, No. 250, §1, eff. July 17, 1982.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1817. Notification to potential applicants

RS 46:1817 - Notification to potential applicants
A.(1) Every hospital licensed under the laws of this state shall display prominently in its emergency room posters giving notification of the existence of the crime victims reparations program. The board shall set standards for the location of the display and shall provide posters and general information regarding this Chapter to each hospital.
(2) Every hospital and healthcare provider licensed under the laws of this state shall make available to hospitals and healthcare providers a pamphlet containing an explanation of the billing process for services rendered pursuant to the provisions of R.S. 40:1300.41.
B. Application forms provided by the board shall be made available to individuals upon request at the parish sheriff's office.
C. The failure of any hospital, law enforcement agency, or agent or employee thereof to comply with the requirements of this Section shall not give rise to a cause of action by any person against such hospital, law enforcement agency or agent or employee thereof; nor shall such failure in any way affect the time limitations provided for in this Chapter.
Acts 1983, No. 160, §1. Acts 1984, No. 844, §2, eff. July 13, 1984; Acts 1995, No. 421, §1; Acts 2015, No. 229, §4, eff. June 23, 2015.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1818. Report to legislature and governor

RS 46:1818 - Report to legislature and governor
The board shall submit an annual report to the legislature and the governor detailing its activities during the preceding year. The report shall be made available electronically on the website of the Louisiana Commission on Law Enforcement. A sufficient number of copies shall be printed for distribution to the governor, the chairman of the House Committee on Judiciary, the chairman of the Senate Committee on Judiciary C, and to as many others as may be requested.
Added by Acts 1982, No. 250, §1, eff. July 17, 1982; Acts 2014, No. 319, §1, eff. May 30, 2014.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1819. Penalty for fraud

RS 46:1819 - Penalty for fraud
No person shall procure or counsel another person to procure reparations under the provisions of this Chapter by any fraud. The penalty for the violation of the provisions of this Section shall be a fine of not more than five hundred dollars or imprisonment for not more than one year, or both.
Added by Acts 1982, No. 250, §1, eff. July 17, 1982.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1820. Attorney fees

RS 46:1820 - Attorney fees
As part of an order resulting from a hearing, the board shall determine and award reasonable attorney's fees, commensurate with services rendered, to be paid from the fund in accordance with rules adopted by the board. Additional attorney's fees may be awarded by a court in the event of a review by the court in which the claimant prevails. Attorney's fees may be denied on a finding that the claim or appeal is frivolous. Awards of attorney's fees shall be in addition to awards of reparations and may be made whether or not compensation is awarded. In no event shall an award of attorney's fees be in excess of a rate of fifty dollars per hour.
Added by Acts 1982, No. 250, §1, eff. July 17, 1982.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1821. Limited liability of the state

RS 46:1821 - Limited liability of the state
The state shall not be liable for the claim of any applicant in excess of the funds appropriated for the payment of claims under this Chapter.
Added by Acts 1982, No. 250, §1, eff. July 17, 1982.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1822. Forensic medical exams; reimbursement

RS 46:1822 - Forensic medical exams; reimbursement
A. The board shall reimburse a healthcare provider who performs a forensic medical exam in the amount of six hundred dollars. The board shall reimburse the healthcare facility at which a forensic medical exam was conducted for the cost of performing the exam in the amount of one thousand dollars.
B. In order to be reimbursed for the costs of performing a forensic medical exam, the healthcare provider or the healthcare facility seeking reimbursement shall submit to the board an attestation that a forensic medical exam was conducted. The attestation shall contain only sufficient information to identify the victim, the date that the exam was performed, and the address to which payment can be made for the healthcare provider or healthcare facility. The board shall not require any billing documentation or medical records from the healthcare provider or the healthcare facility as a condition of payment under the provisions of this Section.
C. A request for reimbursement by a healthcare provider or healthcare facility for the performance of a forensic medical exam shall not constitute reparations and therefore shall be immediately payable and not require approval from the board as a condition of payment. The board shall direct payment to be made to a healthcare provider or healthcare facility no later than thirty calendar days from the date that the attestation is submitted to the board by the healthcare provider or healthcare facility.
Acts 2022, No. 487, §2; Acts 2023, No. 193, §3.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1831.1. Short title

RS 46:1831.1 - Short title
This Chapter may be cited as the "Victims of Vehicular Homicide Act".
Acts 2023, No. 451, §2.
NOTE: Pursuant to R.S. 46:1831.16, this Chapter will terminate Aug. 1, 2027.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1831.2. Definitions

RS 46:1831.2 - Definitions
As used in this Chapter:
(1) "Board" means the Crime Victims Reparations Board as provided in R.S. 46:1803.
(2) "Reparations" means payment of compensation in accordance with the provisions of this Chapter for loss resulting from death by reason of a crime enumerated in this Chapter.
(3) "Victim" means:
(a) Any person who suffers death as a result of a crime committed in this state and covered by this Chapter.
(b) A Louisiana resident who suffers death as a result of a crime described in R.S. 46:1831.4, except that the criminal act occurred outside of this state. In this Subparagraph, "Louisiana resident" means a person who maintained a place of permanent abode in this state at the time the crime was committed for which reparations are sought.
Acts 2023, No. 451, §2.
NOTE: Pursuant to R.S. 46:1831.16, this Chapter will terminate Aug. 1, 2027.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1831.3. Eligibility to apply for reparations

RS 46:1831.3 - Eligibility to apply for reparations
Survivors enumerated in Civil Code Article 2315.2 shall be eligible to make an application to the board for reparations and shall be eligible for an award of reparations in accordance with the provisions of this Chapter. Upon charging or indictment of an offender convicted of a violation of R.S. 14:32.1, the judge shall inform the survivor of eligibility for an award of reparations. The judge shall also provide the contact information for the board to the persons for submitting an application to the board for an award of reparations.
Acts 2023, No. 451, §2.
NOTE: Pursuant to R.S. 46:1831.16, this Chapter will terminate Aug. 1, 2027.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1831.4. Crimes to which Chapter applies

RS 46:1831.4 - Crimes to which Chapter applies
A. The board may make an award and order the payment of reparations for loss in accordance with the provisions of this Chapter for death resulting from the offense of vehicular homicide, pursuant to R.S. 14:32.1, when the offender failed to maintain compulsory motor vehicle liability security pursuant to R.S. 32:861, and the victim failed to maintain uninsured motorist coverage.
B. For the purposes of this Chapter, a person shall be deemed to have committed a criminal act or omission notwithstanding that by reason of age, insanity, or other reason the person was legally incapable of committing a crime.
Acts 2023, No. 451, §2.
NOTE: Pursuant to R.S. 46:1831.16, this Chapter will terminate Aug. 1, 2027.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1831.5. Application; requirements; confidentiality

RS 46:1831.5 - Application; requirements; confidentiality
A.(1) An application for reparations shall be filed in writing with the board within one year after the date of the death or within a longer period as the board determines is justified by the circumstances. The application shall be valid only if reasonable documentation of the crime resulting in the death is submitted with the application.
(2) For the purposes of this Subsection, "reasonable documentation" means any of the following:
(a) A police report documenting the commission of the crime of vehicular homicide, pursuant to R.S. 14:32.1, and documenting that the offender did not maintain compulsory motor vehicle liability security pursuant to R.S. 32:861.
(b) Court records evidencing the criminal prosecution of the crime of vehicular homicide, pursuant to R.S. 14:32.1.
(c) A certification of the crime signed under oath by a prosecuting attorney or investigating law enforcement officer who has personal involvement in the prosecution or investigation of the criminal case relative to the application.
(d) A copy of the death certificate.
B. Application shall be made on a form prescribed and provided by the board, which shall contain the following:
(1) A description of the date, nature, and circumstances of the act or acts resulting in the death of the victim.
(2) A copy of the death certificate.
(3) An authorization permitting the board or its representatives to verify the contents of the application.
(4) Records, documents, and information in the possession of the board received pursuant to a law enforcement investigation or a verification of application by a law enforcement agency shall be considered investigative records of a law enforcement agency as described in R.S. 44:3 and shall not be disseminated under any condition without the permission of the agency providing the record or information to the board.
Acts 2023, No. 451, §2.
NOTE: Pursuant to R.S. 46:1831.16, this Chapter will terminate Aug. 1, 2027.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1831.6. Criteria for making awards; prohibitions; authority to deny or reduce awards

RS 46:1831.6 - Criteria for making awards; prohibitions; authority to deny or reduce awards
A. The board shall order the payment of reparations in an amount determined by it if, upon receipt of the application and without hearings, it finds by a preponderance of the evidence that loss was sustained by reason of death and that the loss was proximately caused by the crime of vehicular homicide, pursuant to R.S. 14:32.1.
B. A finding by the board, for purposes of considering an application for award under this Chapter, that the charge or indictment of a crime enumerated in R.S. 46:1831.4 resulted in a loss covered by this Chapter shall be a sufficient finding with respect to the crime giving rise to the application for a reparations award.
C. No person shall be denied or otherwise deemed ineligible for reparations pursuant to this Chapter, nor shall any award for reparations pursuant to this Chapter be reduced, on the basis that the person has any conviction or adjudication of delinquency, on the basis that the person is currently on probation or parole, or on the basis that the person has previously served any sentence of incarceration, probation, or parole unrelated to the offense for which reparations would otherwise be awarded pursuant to this Chapter.
Acts 2023, No. 451, §2.
NOTE: Pursuant to R.S. 46:1831.16, this Chapter will terminate Aug. 1, 2027.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1831.7. Amount of reparations award

RS 46:1831.7 - Amount of reparations award
Awards payable under this Chapter shall not exceed sixty thousand dollars per occurrence, in the aggregate, for all claims arising out of the same crime. No survivor shall recover more than fifteen thousand dollars on behalf of each victim.
Acts 2023, No. 451, §2.
NOTE: Pursuant to R.S. 46:1831.16, this Chapter will terminate Aug. 1, 2027.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1831.8. Reparation order; terms and conditions

RS 46:1831.8 - Reparation order; terms and conditions
A. The board may order the payment of an award in a lump sum.
B. The state treasurer shall pay to the person named in the order of payment of reparations the amount stated therein in accordance with the provisions of the order.
C. The board shall not be subject to garnishment, execution, or attachment on any award.
Acts 2023, No. 451, §2.
NOTE: Pursuant to R.S. 46:1831.16, this Chapter will terminate Aug. 1, 2027.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1831.9. Finality of decision

RS 46:1831.9 - Finality of decision
A decision or order of the board with respect to any application or claim for reparations shall be final and shall not be subject to any review by a court.
Acts 2023, No. 451, §2.
NOTE: Pursuant to R.S. 46:1831.16, this Chapter will terminate Aug. 1, 2027.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1831.10. Effect of reparations award on right to recover damages in civil action; repayment of award

RS 46:1831.10 - Effect of reparations award on right to recover damages in civil action; repayment of award
A. An order for reparations payments pursuant to this Chapter shall not affect the right of any person to institute a civil suit to recover damages for the death from any other person. However, if damages in a civil action are recovered, from the offender or any other third party, the person shall reimburse the Victims of Vehicular Homicide Board, through the board, in an amount equal to the amount of the reparations award or a lesser amount as is recovered in damages in the civil action.
B. When any person who has received an award from the board files a civil action to recover damages, the person shall, at the time of the filing of the suit, notify the board.
Acts 2023, No. 451, §2.
NOTE: Pursuant to R.S. 46:1831.16, this Chapter will terminate Aug. 1, 2027.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1831.11. Recovery from the offender

RS 46:1831.11 - Recovery from the offender
A. Whenever any person is charged with vehicular homicide pursuant to R.S. 14:32.1 and an order for the payment of reparations is or has been made pursuant to this Chapter from the act constituting the crime for the charge, the attorney general, within two years after the date on the charges are final, may institute a civil action against the person charged for the recovery of all or any part of the reparations payment. The suit shall be instituted in the district court having jurisdiction in the parish in which the person resides or is found. The court shall have jurisdiction to hear, determine, and render judgment in the action. Any amount recovered pursuant to this Subsection shall be deposited in the state treasury and, after meeting the requirements of Article VII, Section 9 of the Constitution of Louisiana, credited to the Victims of Vehicular Homicide Fund hereinafter created. If an amount greater than that paid pursuant to the order for payment of reparations is recovered and collected in the action, the board shall pay the balance to the person.
B. The board shall provide the attorney general with information, data, and reports as the attorney general may require to institute actions in accordance with this Section.
Acts 2023, No. 451, §2.
NOTE: Pursuant to R.S. 46:1831.16, this Chapter will terminate Aug. 1, 2027.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1831.12. Victims of Vehicular Homicide Fund; creation; sources and use of funds

RS 46:1831.12 - Victims of Vehicular Homicide Fund; creation; sources and use of funds
A. The Victims of Vehicular Homicide Fund, hereinafter referred to as "the fund", is hereby created as a special fund in the state treasury.
B. The fund shall be composed of:
(1) Monies derived from appropriations by the legislature or private funds not to exceed five hundred thousand dollars per fiscal year.
(2) Any federal monies made available to the state for victim compensation.
(3) All monies received from any action to recover damages for a crime which was the basis of a reparations award pursuant to this Chapter.
(4) Any gift, grant, devise, or bequest of monies or properties of any nature or description.
C. Monies in the fund shall be invested by the treasurer in the same manner as state general fund monies. Unexpended and unencumbered monies in the fund at the end of the fiscal year shall remain in the fund. Subject to appropriation, monies in the fund shall be used solely to pay reparation awards pursuant to this Chapter, and disbursements therefrom shall be made by the state treasurer upon written order of the board, signed by the chairman, or a court.
Acts 2023, No. 451, §2.
NOTE: Pursuant to R.S. 46:1831.16, this Chapter will terminate Aug. 1, 2027.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1831.13. Report to legislature and governor

RS 46:1831.13 - Report to legislature and governor
The board shall submit an annual report to the legislature and the governor detailing its activities during the preceding year. The report shall be made available electronically on the website of the Louisiana Commission on Law Enforcement and Administration of Criminal Justice. A sufficient number of copies shall be printed for distribution to the governor, the chairman of the House Committee on Judiciary, the chairman of the Senate Committee on Judiciary C, and to as many others as may be requested.
Acts 2023, No. 451, §2.
NOTE: Pursuant to R.S. 46:1831.16, this Chapter will terminate Aug. 1, 2027.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1831.14. Penalty for fraud

RS 46:1831.14 - Penalty for fraud
No person shall procure or counsel another person to procure reparations pursuant to the provisions of this Chapter by any fraud. The penalty for the violation of the provisions of this Section shall be a fine of not more than five hundred dollars or imprisonment for not more than one year, or both.
Acts 2023, No. 451, §2.
NOTE: Pursuant to R.S. 46:1831.16, this Chapter will terminate Aug. 1, 2027.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1831.15. Limited liability of the state

RS 46:1831.15 - Limited liability of the state
The state shall not be liable for the claim of any applicant in excess of the funds appropriated for the payment of claims under this Chapter.
Acts 2023, No. 451, §2.
NOTE: Pursuant to R.S. 46:1831.16, this Chapter will terminate Aug. 1, 2027.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1831.16. Termination of fund

RS 46:1831.16 - Termination of fund
Unless otherwise extended, the provisions of this Chapter shall be null, void, and without effect and shall cease to exist on August 1, 2027.
Acts 2023, No. 451, §2.
NOTE: Pursuant to R.S. 46:1831.16, this Chapter will terminate Aug. 1, 2027.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1841. Legislative intent

RS 46:1841 - Legislative intent
In recognition of the civic and moral duty of victims and witnesses of crime to cooperate fully and voluntarily with law enforcement and prosecutorial agencies, and in further recognition of the continuing importance of such citizen cooperation to state and local law enforcement efforts and the general effectiveness and well-being of the criminal justice system of this state, the legislature declares its intent, in this Chapter, to ensure that all victims and witnesses of crime are treated with dignity, respect, courtesy, and sensitivity, and that the rights extended in this Chapter to victims and witnesses of crime are honored and protected by the law enforcement agencies, prosecutors, and judges in a manner no less vigorous than the protection afforded the criminal defendants.
Acts 1985, No. 794, §1; Acts 1995, No. 532, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1843. Eligibility of victims

RS 46:1843 - Eligibility of victims
A victim has the rights and is eligible for the services under this Chapter regardless of when the victim reported the crime to law enforcement authorities.
Acts 1985, No. 794, §1; Acts 2017, No. 337, §1; Acts 2022, No. 207, §1; Acts 2022, No. 411, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1845. Additional rights for victims of sexual assaults; notification of rights

RS 46:1845 - Additional rights for victims of sexual assaults; notification of rights
A.(1) The rights provided to victims of sexual assault contained in this Section attach whether a victim seeks the assistance of either a law enforcement official or a healthcare provider. A victim of sexual assault retains all the rights of these provisions regardless of whether the victim receives a forensic medical examination or whether a sexual assault collection kit is administered.
(2) Notwithstanding any other provision of law to the contrary, nothing in this Section shall be construed to negate or impair any provision of law relative to the mandatory reporting of crimes against children under the age of eighteen years or to negate or impair the investigation or prosecution of any crime against children under the age of eighteen.
B. A victim of sexual assault shall have the right to a forensic medical exam as provided in R.S. 40:1216.1. A victim of sexual assault shall be notified of the ability to request the presence of a sexual assault advocate during the administration of a forensic medical examination or a scheduled interview by a law enforcement official if a sexual assault advocate is reasonably available. Nothing in this Section shall be construed to prohibit the conducting of a forensic medical examination or an interview by a law enforcement official in the absence of a sexual assault advocate. All victims of sexual assault shall have the right to access and obtain a copy of their forensic medical examination report at no cost to them pursuant to R.S. 40:1216.1(G).
C, D. Repealed by Acts 2022, No. 207, §2.
Acts 2017, No. 337, §1; Acts 2022, No. 207, §§1, 2.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1851. Definitions

RS 46:1851 - Definitions
As used in this Chapter:
(1) "Account" and "escrow account" mean an escrow account in the name of a defendant as provided for by this Chapter.
(2) "Board" means the Crime Victims Reparations Board provided for by Chapter 21 of this Title.
(3) "Catastrophic property damage" means catastrophic property damage as defined in Chapter 21 of this Title.
(4) "Defendant" means an offender who has been convicted of a capital offense and sentenced to death in accordance with the provisions of R.S. 15:567 through 571.
(5) "Minor" means a person under the age of eighteen years.
(6) "Victim" means any person who suffers death, injury, or catastrophic property damage as a result of the defendant's crime, or any person who is otherwise eligible to have a judgment or reparations award satisfied from a defendant's escrow account as provided for by this Chapter, or any legal representative thereof, but does not include any person denied eligibility for a reparations award by Chapter 21 of this Title.
Acts 2012, No. 799, §3, eff. June 13, 2012.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1853. Distribution of escrow account funds

RS 46:1853 - Distribution of escrow account funds
A. Proceeds paid into an escrow account provided for by this Chapter shall be retained for a period of ten years after the date of the court order or deposit by the contracting party, but during that period may be levied upon to satisfy a money judgment or reparations award rendered in favor of a victim or the legal representative of the victim of the defendant's crime.
B. If so ordered by a court, with notice to all interested parties and opportunity for hearing, the escrow account shall be used to satisfy, and disbursements made therefrom by the treasurer, in the following order:
(1) Court-ordered restitution in favor of a victim of the defendant's crime.
(2) A money judgment rendered by a court or an award of reparations by the Crime Victims Reparations Board in favor of a victim of the defendant's crime.
(3) Fees due for legal representation of the defendant in criminal proceedings, including the appeals process, to the extent that the defendant's representation was paid for by the state or an agency thereof, but such amounts paid shall not exceed twenty-five percent of the total amount in escrow.
(4) Any fines or costs assessed against the defendant by a court.
C. At the end of the ten-year period provided for in Subsection A of this Section, the remaining escrow account funds shall be paid into the Crime Victims Reparations Fund as provided for by R.S. 46:1816. However, if a civil action is pending against the defendant that would be eligible to be satisfied out of the escrow account, then the funds shall be held in escrow until completion of the action.
D. If the defendant has appealed his conviction and the appeal process is not finalized by the expiration of the ten-year period provided for in Subsection A of this Section, then the remaining escrow account funds shall be held until the appeal process is finalized, and if the conviction is reversed, the treasurer shall pay any money remaining in the escrow account to the defendant.
Acts 2012, No. 799, §3, eff. June 13, 2012.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1854. Persons eligible for awards

RS 46:1854 - Persons eligible for awards
A. The following persons shall be eligible to have a judgment or reparations award satisfied from an escrow account provided for by this Chapter:
(1) A victim of the defendant's crime or the parent or legal guardian of a minor who is the victim of the defendant's crime.
(2) A surviving spouse, parent, grandparent, sibling, or child, including posthumous children, of a victim who died as a direct result of the defendant's crime.
(3) Any person, except a law-enforcement officer engaged in the performance of his duties, who is injured or killed while trying to prevent the defendant's crime from occurring in his presence, or trying to apprehend the defendant during the course of the crime.
(4) A surviving spouse, parent, grandparent, sibling, or child, including posthumous children, of any person, except a law-enforcement officer engaged in the performance of his duties, who dies as a direct result of trying to prevent the defendant's crime from occurring in his presence, or trying to apprehend the defendant during the course of the crime.
(5) Any other person legally dependent for his principal support from the victim who dies as a result of the defendant's crime, or legally dependent for his principal support from any person who dies as a direct result of trying to prevent the defendant's crime from occurring in his presence, or trying to apprehend the defendant during the course of the crime.
B. A person who is criminally responsible for the crime upon which a claim is based, or an accomplice or accessory of such person, shall not be eligible to receive an award under the provisions of this Chapter.
C. A resident of Louisiana who is the victim of a defendant's crime occurring outside of Louisiana and any other person as defined in Subsection A of this Section who is injured as a result of a defendant's crime occurring outside of Louisiana shall be eligible for an award pursuant to this Chapter if the following conditions are met:
(1) The person would be eligible for an award had the crime occurred in Louisiana.
(2) The state, country, or territory in which the crime occurred does not have a victims' compensation program deemed eligible pursuant to the provision of the federal Victims of Crime Act, Chapter 112 of Title 42 of the United States Code, and does not compensate nonresidents.
Acts 2012, No. 799, §3, eff. June 13, 2012.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1855. Victim's notice of intent to file a claim

RS 46:1855 - Victim's notice of intent to file a claim
A. A victim of the defendant's crime shall register with the treasurer a notice of intent to file a claim against the defendant's escrow account pursuant to a judgment, a pending lawsuit, a prospective lawsuit, or a reparations award by the board, within one year after establishment of the escrow account.
B. A failure to comply with the requirement of this Section shall forfeit the rights of the victim to the escrow account as against other victims who have filed claims, but shall not bar a claim against the escrow account filed within two years of the establishment of such account.
C. No payments to victims shall be made until the time limit for filing a notice has expired or it is established that all victims have filed their notices, whichever is sooner.
Acts 2012, No. 799, §3, eff. June 13, 2012.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1856. Notice to victims

RS 46:1856 - Notice to victims
The treasurer shall notify any person who has registered with the treasurer as a victim of the defendant's crime upon receipt of escrow funds for that defendant. Additionally, at least once every six months for two years after the date on which the treasurer receives such escrow funds, the treasurer shall cause a notice to be published in the official state journal informing victims that such escrow funds are available to satisfy judgments or reparations awards pursuant to this Chapter.
Acts 2012, No. 799, §3, eff. June 13, 2012.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1857. Actions to defeat purposes of Chapter prohibited

RS 46:1857 - Actions to defeat purposes of Chapter prohibited
Any action taken by a defendant, whether by way of execution of a power of attorney, creation of corporate entities, or otherwise, to defeat the purposes of this Chapter shall be null and void.
Acts 2012, No. 799, §3, eff. June 13, 2012.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1860. Purpose

RS 46:1860 - Purpose
The purpose of this Chapter is to provide multiagency and multidisciplinary support and services to victims of abuse, sexual assault, stalking, cyberbullying, and human trafficking, to ensure that victims are able to access all needed services, to enhance victim safety, to increase offender accountability, and to reduce to a minimum the number of times the victim is questioned and examined and the number of places a victim must go to receive assistance.
Acts 2015, No. 327, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1863. Immunity from liability

RS 46:1863 - Immunity from liability
A. A person providing services to a victim at a family justice center pursuant to the provisions of this Chapter shall not be liable for civil damages while acting in the official scope of his duties if the person, in good faith, makes a recommendation, gives an opinion, or releases or uses information for the purposes of protecting or providing services to the victim.
B. This limitation of civil liability does not apply if the person acted with gross negligence or in bad faith.
Acts 2015, No. 327, §1.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1901. Definitions

RS 46:1901 - Definitions
A. For purposes of this Chapter, "department" shall mean the Department of Public Safety and Corrections.
B. When used in this Chapter, unless the context otherwise requires, the terms used herein shall have the meaning ascribed to them by the Children's Code.
Added by Acts 1974, No. 558, §1, emerg. eff. July 12, 1974. Acts 1984, No. 567, §2, eff. Jan. 1, 1985; Acts 1985, No. 965, §2; Acts 1988, No. 607, §2, eff. July 14, 1988; Acts 2021, No. 158, §6.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1903. Purpose

RS 46:1903 - Purpose
It is the purpose of this Chapter to improve, intensify, and coordinate efforts by state and local public agencies, in cooperation with voluntary agencies and organizations, citizens groups, and concerned individuals, to:
(1) Preserve the unity of the family to the fullest extent possible.
(2) Prevent children from becoming delinquent.
(3) Prevent children and the public from suffering the consequences of criminal behavior by substituting therefor programs for their supervision, care and rehabilitation, consistent with public interest and safety.
(4) Provide for coordination, planning, technical expertise, resources and adequate financial assistance for services and facilities for the rehabilitation of delinquent children to the end that they may become and remain law-abiding, productive citizens.
(5) Repealed by Acts 1984, No. 567, §9, eff. Jan. 1, 1985.
Added by Acts 1974, No. 558, §1, emerg. eff. July 12, 1974. Amended by Acts 1976, No. 401, §1. Acts 1984, No. 567, §9, eff. Jan. 1, 1985.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1905. Powers and duties of department

RS 46:1905 - Powers and duties of department
With respect to programs for the prevention of juvenile delinquency and/or the care and treatment of delinquent children and children in need of supervision, the department, in addition to such other duties and functions as are vested in it by this Chapter, or any other law shall:
(1) Collect and evaluate data relating to the delinquency of children and the effectiveness of programs designed to prevent or reduce delinquency.
(2) To the extent that diversion from the juvenile justice system can be accomplished, with due regard to the safety of the community and the well-being of the children involved, encourage and assist in the development and conduct of innovative programs and provide needed care and services to such children outside such system to prevent children from becoming a part of or returning to such system by:
(a) Developing informational materials and standards relating to such programs, and
(b) Cooperating with and assisting other public and private agencies and organizations in the development and coordination of such programs, especially those which are community based.
(3) Conduct research, including studies and demonstration projects, into all aspects of the problems relating to the causes, prevention and treatment of juvenile delinquency either directly or by entering into contracts or making grants.
(4) Establish comprehensive training programs for present and prospective employees and for present and prospective employees of public and private agencies and organizations engaged in activities relating to the prevention of delinquency and the provision of care and treatment of delinquent children and children in need of supervision. The department may carry out such programs directly or through grants or contracts covering all or part of the cost, of stipends and tuition, and allowances for travel and subsistence, and, with respect to division employees who have been granted leave to participate in approved training, the department may continue the salaries and other benefits of such employees.
(5) Assist the Louisiana Commission on Law Enforcement and Administration of Criminal Justice by participating in the development and revision of those phases of the state's comprehensive law enforcement plan which relate to the prevention of juvenile delinquency and/or the care and treatment to delinquent children and children in need of supervision.
(6) Develop or assist in the development of a regional system of approved detention and shelter care facilities and a system of licensed community based, residential, child caring institution.
(7) Develop, assist in and encourage innovative programs and improvements in the existing system for the prevention and treatment of juvenile delinquency.
(8) Repealed by Acts 1984, No. 567, §9, eff. Jan. 1, 1985.
Added by Acts 1974, No. 558, §1, emerg. eff. July 12, 1974. Amended by Acts 1976, No. 401, §1; Acts 1978, No. 786, §6, eff. July 17, 1978; Acts 1984, No. 567, §9, eff. Jan. 1, 1985.
2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1906.1. Services for children in need of supervision

RS 46:1906.1 - Services for children in need of supervision
The department shall have the authority and responsibility to develop programs for children in need of supervision. These programs shall reflect state of the art knowledge of methods to encourage these children to follow their treatment programs and may include foster care, family counseling, small residential facilities, group counseling, and other programs designed to help children deemed ungovernable.
Acts 1984, No. 567, §7, eff. Jan. 1, 1985. Acts 1985, No. 965, §2; Acts 1991, No. 467, §3.