Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XIII - Crime Victims Reparations Board › Chapter 1 - Authority and Definitions › Section XIII-103 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following
				terms as used in these regulations, unless the context otherwise requires or
				unless redefined by a particular part hereof, shall have the following
				meanings.
Accessory
- an accessory after the fact and
				  also a principal, as defined by the Louisiana Criminal Code.
Board
- Crime Victims Reparations
				  Board.
Child
- unmarried person under 18 years of
				  age; includes a natural child, adopted child, stepchild, illegitimate child,
				  any of the above who is a student not over 23 years of age, and a child
				  conceived prior to but born after the personal injury or death of the
				  victim.
Claimant
-a victim or a dependent of a
				  deceased victim, or the legal representative of either, an intervenor, the
				  healthcare provider who provides healthcare services associated with a forensic
				  medical examination as defined in
				  R.S.
				  15:622, or in the event of a death, a person
				  who legally assumes the obligation or who voluntarily pays the medical or the
				  funeral or burial expenses incurred as a direct result of the crime.
Collateral Source or Resource
- source of
				  benefits for pecuniary loss awardable, other than under these rules, which the
				  claimant has received or which is readily available to him/her from any or all
				  of the following:
a. the offender under an order of restitution to the claimant
				  imposed by a court as a condition of probation or otherwise;
b. the United States or a federal agency, a state or any of
				  its political subdivisions, or an instrumentality of two or more states;
c. Social Security, Medicare, and Medicaid;
d. Workers' Compensation;
e. wage continuation programs of an employer;
f. proceeds of a contract of insurance payable to the
				  claimant for pecuniary loss sustained by the claimant by reason of the
				  crime.
g. a contract providing prepaid hospital and other health
				  care services, or benefits for disability.
Dependent
- spouse or any person who is a
				  dependent of a victim within the meaning of Section 152 of the United States
				  Internal Revenue Code.
Healthcare Provider
-either of the following:
a. a physician or other healthcare
				  practitioner licensed, certified, registered or otherwise authorized to perform
				  specified healthcare services consistent with state law;
b. a facility or institution providing
				  healthcare services, including but not limited to a hospital or other licensed
				  inpatient center, ambulatory surgical or treatment center, skilled nursing
				  facility, inpatient hospice facility, residential treatment center, diagnostic,
				  laboratory, or imaging center, or rehabilitation or other therapeutic health
				  setting.
Healthcare Services
-means services,
				  including but not limited to items, supplies, or drugs for the diagnosis,
				  prevention, treatment, cure, or relief of a health condition, illness, injury,
				  or disease ancillary to a sexually-oriented offense.
Intervenor
- a person who goes to the aid of
				  another and is killed or injured in the good faith effort to prevent a crime
				  covered by this Chapter 1, to apprehend a person reasonably suspected of having
				  engaged in such a crime, or to aid a peace officer.
Peace
				  officer
shall include commissioned police officers, sheriffs, deputy
				  sheriffs, marshals, deputy marshals, correctional officers, constables,
				  wildlife enforcement agents, and probation and parole officers.
Pecuniary Loss
-amount of expense reasonably
				  and necessarily incurred by reason of personal injury as a consequence of
				  death, or a catastrophic property loss, and includes:
a. for personal injury:
i. medical, hospital, nursing, or psychiatric care or
				  counseling, and physical therapy;
ii. actual loss of past earnings and anticipated loss of
				  future earnings because of a disability resulting from the personal injury; or
				  the receipt of medically indicated services for a victim related to the
				  personal injury.
iii. care of a child or dependent;
iv. counseling or therapy for the parent(s) or sibling(s) of
				  a child who is the victim of a sexual crime;
v. Loss of support for a child victim of a sexual crime not
				  otherwise compensated for as a pecuniary loss for personal injury;
b. as a consequence of death:
i. funeral, burial, or cremation expenses;
ii. loss of support to one or more dependents not otherwise
				  compensated for as a pecuniary loss for personal injury;
iii. care of a child or children enabling the surviving
				  spouse of a victim or the legal custodian or caretaker of the deceased victim's
				  child or children to engage in lawful employment, where that expense is not
				  otherwise compensated for as a pecuniary loss for personal injury;
iv. counseling or therapy for any surviving family member of
				  the victim or any person in close relationship to such victim;
v.
pecuniary loss
does not include loss
				  attributable to pain and suffering;
vi. crime scene cleanup;
c. catastrophic property loss must be so great as to cause
				  overwhelming financial effect on the victim or other claimant and shall be
				  restricted to loss of abode;
d. any other expense associated with the collection and
				  securing of crime scene evidence.
Reparations
-payment of compensation in
				  accordance with the provisions of the act for pecuniary loss resulting from
				  physical injury, death, or catastrophic property loss by reason of a crime
				  enumerated in the act.
Sexually-Oriented Criminal Offense
-includes
				  any offense listed as a sexual offense in
				  R.S.
				  15:541(24).
Victim
-
a. Any person who suffers personal injury, death, or
				  catastrophic property loss as a result of a crime committed in this state and
				  covered by this Chapter. This includes any person who is a victim of human
				  trafficking as defined by
				  R.S.
				  14:46.2, a victim of trafficking of children
				  for sexual purposes as defined by
				  R.S.
				  14:46.3, or a victim of any offense involving
				  commercial sexual exploitation including but not limited to
				  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, 194.1, 95 and 282.
b. a resident of Louisiana who is a victim of an act of
				  terrorism (as defined in Section 2331 of Title 18,
United States
				  Code
) occurring outside the U.S.; or
c. a Louisiana resident who suffers personal injury or death
				  as a result of a crime described in
				  R.S.
				  46:1805 except that the criminal act occurred
				  outside of this state. The resident shall have the same rights under this
				  Chapter as if the act had occurred in this state upon a showing that the state
				  in which the act occurred does not have an eligible crime victims reparations
				  program and the crime would have been compensable had it occurred in Louisiana.
				  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.