Louisiana Revised Statutes 46:1831.5 – Application; requirements; confidentiality
Terms Used In Louisiana Revised Statutes 46:1831.5
- Board: means the Crime Victims Reparations Board. See Louisiana Revised Statutes 46:1802
- Oath: A promise to tell the truth.
- 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
- 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.(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 La. Rev. Stat. 14:32.1, and documenting that the offender did not maintain compulsory motor vehicle liability security pursuant to La. Rev. Stat. 32:861.
(b) Court records evidencing the criminal prosecution of the crime of vehicular homicide, pursuant to La. Rev. Stat. 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 La. Rev. Stat. 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 La. Rev. Stat. 46:1831.16, this Chapter will terminate Aug. 1, 2027.