Louisiana Revised Statutes 46:1854 – Persons eligible for awards
Terms Used In Louisiana Revised Statutes 46:1854
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Defendant: means an offender who has been convicted of a capital offense and sentenced to death in accordance with the provisions of Louisiana Revised Statutes 46:1851
- Dependent: A person dependent for support upon another.
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Minor: means a person under the age of eighteen years. See Louisiana Revised Statutes 46:1851
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- 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. See Louisiana Revised Statutes 46:1851
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.