Louisiana Revised Statutes 46:1816 – Crime Victims Reparations Fund; creation; sources and use of funds
Terms Used In Louisiana Revised Statutes 46:1816
- Bequest: Property gifted by will.
- Board: means the Crime Victims Reparations Board. See Louisiana Revised Statutes 46:1802
- Conviction: A judgement of guilt against a criminal defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Devise: To gift property by will.
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Healthcare services: means services, 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. See Louisiana Revised Statutes 46:1802
- Indigent: means any person who meets the state definition of indigent who would have qualified for indigent care in any general hospital owned and operated by the state of Louisiana prior to arrest and who is housed in any parish or municipal jail or detention facility or state prison, shall be treated in the nearest general hospital owned and operated by the state of Louisiana. See Louisiana Revised Statutes 46:17
- Peace officer: shall include commissioned police officers, sheriffs, deputy sheriffs, marshals, deputy marshals, correctional officers, constables, wildlife enforcement agents, and probation and parole officers. See Louisiana Revised Statutes 46:1802
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Recipient: means the person who has received assistance under this Title. See Louisiana Revised Statutes 46:1
- Reparations: means payment of compensation in accordance with the provisions of this Chapter for pecuniary loss resulting from physical injury, death, or catastrophic property loss by reason of a crime enumerated in this Chapter. See Louisiana Revised Statutes 46:1802
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Victim: means :
(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. See Louisiana Revised Statutes 46:1802
A. The Crime Victims Reparations Fund, hereinafter referred to as “the fund,” is hereby created in the state treasury.
B. The fund shall be composed of:
(1) Monies derived from appropriations by the legislature.
(2) All monies paid as a cost levied on criminal actions, as provided by Subsections D and E of this Section.
(3) Any federal monies made available to the state for victim compensation.
(4) All monies received from any action to recover damages for a crime which was the basis of a reparations award under this Chapter.
(5) Any restitution paid by an offender to a victim for damages for a crime which was the basis of a reparations award under this Chapter, and any restitution payments owed to a victim as a condition of an offender’s release on parole but directed to the fund pursuant to La. Rev. Stat. 15:574.4.2(C)(1)(b).
(6) Any monies paid into the fund from a defendant‘s escrow account, as provided by Chapter 21-C of this Title.
(7) Any gift, grant, devise or bequest of monies or properties of any nature or description.
(8) Monies deposited by the state treasurer from the collection of unclaimed prize money as provided for in La. Rev. Stat. 4:176 and La. Rev. Stat. 27:94, 252, 394, and 610, which shall be used exclusively to pay the expenses associated with healthcare services of victims of sexually oriented criminal offenses, including forensic medical examinations as defined in La. Rev. Stat. 15:622.
C.(1) Except as provided in Paragraphs (2) and (3) of this Subsection, all monies deposited in the fund shall be used solely to pay reparation awards to victims 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.
(2)(a) Monies received from the collection of unclaimed prize money as provided for in La. Rev. Stat. 4:176 and La. Rev. Stat. 27:94, 252, and 394 shall be used exclusively to pay the expenses associated with healthcare services of victims of sexually oriented criminal offenses, including forensic medical examinations as defined in La. Rev. Stat. 15:622.
(b) Notwithstanding Subparagraph (a) of this Paragraph, for state Fiscal Years 2020-2021, 2021-2022, and 2022-2023, monies received from the collection of unclaimed prize money as provided for in La. Rev. Stat. 4:176 and La. Rev. Stat. 27:94, 252, and 394 shall be used exclusively to pay the expenses associated with healthcare services of victims of sexually oriented criminal offenses, including forensic medical examinations as defined in La. Rev. Stat. 15:622, lost earnings, and the reasonable costs of administering this Section. Such reasonable costs include salary for one full-time employee, salary for one part-time employee, equipment, operating expenses, and software support.
(3) Monies directed to the fund pursuant to La. Rev. Stat. 15:574.4.2(C)(1)(b) may be used to pay restitution owed to a victim pursuant to La. Rev. Stat. 15:574.4.2(C)(1)(a) who applies for recovery of the restitution funds pursuant to the provisions of this Chapter.
D.(1)(a) In addition to any other costs otherwise imposed by law, a cost of not less than fifty dollars for felonies and seven dollars and fifty cents for misdemeanors and violations of municipal and parish ordinances is hereby levied in each criminal action, except traffic violations other than those driving offenses defined in Title 14 of the Louisiana Revised Statutes of 1950, which results in a conviction. These costs shall be paid by the defendant. No court may suspend or waive the imposition of the costs provided for in this Section unless the defendant is found to be indigent, all other court costs are suspended or waived and no other costs, fines or assessments are levied, whether provided by law or imposed by the court, or unless restitution is ordered.
(b) The recipient of the costs shall remit all costs so collected to the Louisiana Commission on Law Enforcement and Administration of Criminal Justice on or before the first day of each calendar month to be deposited in the state treasurer’s account for credit to the Crime Victims Reparations Fund after meeting the requirements of La. Const. Art. VII, § 9 . The monies in this fund shall be invested by the state treasurer in the same manner as monies in the state general fund, and interest earned on the investment of these monies shall be credited to the fund following compliance with the requirement of Article VII, Section 9(B) relative to the Bond Security and Redemption Fund.
(2) Notwithstanding the provisions of Subsection C of this Section, monies deposited in the Crime Victims Reparations Fund may be used to pay reasonable costs of administering this Chapter. Disbursement of funds to pay such costs shall be made only on written authorization of the chairman or vice chairman of the board.
E.(1) In addition to other costs provided for in this Section, a person convicted of a felony, a misdemeanor, or a violation of an ordinance of any local government shall be assessed an additional two dollars as special costs. Such special costs shall be imposed by all courts, including mayor’s courts and magistrate courts, and shall be used for the purpose of training local law enforcement officers as directed by the Peace Officer Standards and Training Council. The proceeds of the special costs shall be paid to the Louisiana Commission on Law Enforcement and Administration of Criminal Justice to be used to train local law enforcement agencies. The court, public office, or local governing body collecting the special costs imposed herein shall retain two percent of such costs to defray the administrative expenses of collecting and remitting the special costs.
(2) The recipient of the costs shall remit all costs so collected pursuant to this Subsection and other provisions of this Section to the Louisiana Commission on Law Enforcement and Administration of Criminal Justice on or before the first day of each calendar month to be deposited in the state treasurer’s account for credit to the Crime Victims Reparations Fund after meeting the requirements of La. Const. Art. VII, § 9 . The monies in this fund shall be invested by the state treasurer in the same manner as monies in the state general fund, and interest earned on the investment of these monies shall be credited to the fund following compliance with the requirement of La. Const. Art. VII, § 9(B) , relative to the Bond Security and Redemption Fund. The amount of money generated by the two dollar fee included in the Crime Victims Reparation Fund shall be used by the Louisiana Commission on Law Enforcement and Administration of Criminal Justice to train local law enforcement officers and to provide assistance to local law enforcement agencies.
Added by Acts 1982, No. 250, §1, eff. July 17, 1982. Amended by Acts 1983, 1st Ex. Sess., No. 42, §1, eff. Jan. 19, 1983; Acts 1983, No. 159, §1; Acts 1984, No. 844, §2, eff. July 13, 1984; Acts 1985, No. 542, §1; Acts 1987, No. 474, §1; Acts 1989, No. 286, §1; Acts 1991, No. 409, §1; Acts 1991, No. 730, §1; Acts 2009, No. 440, §1; Acts 2012, No. 799, §3, eff. June 13, 2012; Acts 2015, No. 186, §3; Acts 2017, No. 53, §2; Acts 2020, No. 198, §1; Acts 2021, No. 440, §4, eff. July 1, 2021.