§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,
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§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.