RS 46:1802

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RS 46:1802

§1802. Definitions

As used in this Chapter:

(1)"Accessory" includes an accessory after the fact and also a principal, as those terms are defined by the Louisiana Criminal Code.

(2)"Board" means the Crime Victims Reparations Board.

(3)"Child" means an unmarried person under eighteen years of age, and includes a natural child, adopted child, stepchild, child born outside of marriage, any of the above who is a student not over twenty-three years of age, and a child conceived prior to but born after the personal injury or death of the victim.

(4)"Claimant" means 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.

(5)"Collateral source" means a source of benefits for pecuniary loss awardable, other than under this Chapter, which the claimant has received or which is readily available to him or 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.

(6)"Dependent" means a spouse or any person who is a dependent of a victim within the meaning of Section 152 of the United States Internal Revenue Code (26 U.S.C. 152).

(7)"Healthcare facility" means 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.

(8)"Healthcare provider" means a physician or other healthcare practitioner licensed, certified, registered, or otherwise authorized to perform specified healthcare services consistent with state law.

(9)"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.

(10)"Intervenor" means 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, 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.

(11)"Pecuniary loss" means the 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 by a victim related to the personal injury.

(iii)Care of a child or dependent.

(iv)Counseling or therapy for the parents or siblings 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.

(vi)Relocation for claimants who have to relocate as a result of the crime for reasons of personal safety or other reasons reasonably related to the crime.

(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)Crime scene cleanup.

(vi)Relocation for claimants who have to relocate as a result of the crime due to the death of the victim.

(c)As to catastrophic property loss, the 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.

(12)"Pecuniary loss" does not include loss attributable to pain and suffering.

(13)"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.

(14)"Sexually oriented criminal offense" shall have the same meaning as sex offense as defined in R.S. 15:541(24).

(15)"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. 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, 104, 105, and 282.

(b)A Louisiana resident who is a victim of an act of terrorism, as defined in 18 U.S.C. 2331, occurring outside the United States.

(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.

Added by Acts 1982, No. 250, §1, eff. July 17, 1982; Acts 1984, No. 844, §2, eff. July 13, 1984; Acts 1985, No. 542, §1; Acts 1989, No. 258, §1; Acts 1991, No. 409, §1; Acts 1995, No. 421, §1; Acts 1997, No. 935, §1; Acts 2004, No. 26, §14; Acts 2010, No. 772, §1; Acts 2014, No. 564, §4; Acts 2015, No. 229, §4, eff. June 23, 2015; Acts 2022, No. 487, §2; Acts 2023, No. 193, §3.