Louisiana Revised Statutes 46:1831.6 – Criteria for making awards; prohibitions; authority to deny or reduce awards
Terms Used In Louisiana Revised Statutes 46:1831.6
- Board: means the Crime Victims Reparations Board. See Louisiana Revised Statutes 46:1802
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- 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
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 La. Rev. Stat. 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 La. Rev. Stat. 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 La. Rev. Stat. 46:1831.16, this Chapter will terminate Aug. 1, 2027.