§ 46:1816 — Crime Victims Reparations Fund; creation; sources and use of funds

Louisiana § 46:1816

• Jurisdiction: Louisiana
• Title 46: Public Welfare and Assistance

Text

§1816. Crime Victims Reparations Fund; creation; sources and use of funds
A. The Crime Victims Reparations Fund, hereinafter referred to as "the fund," is
hereby created in the state treasury.
B. The fund shall be composed of:
(1) Monies derived from appropriations by the legislature.
(2) All monies paid as a cost levied on criminal actions, as provided by Subsections
D and E of this Section.
(3) Any federal monies made available to the state for victim compensation.
(4) All monies received from any action to recover damages for a crime which was
the basis of a reparations award under this Chapter.
(5) Any restitution paid by an offender to a victim for damages for a crime which
was the basis of a reparations award under this Chapter, and any restitution payments owed
to a victim as a condition of an offender's release on parole but directed to the fund pursuant
to R.S. 15:574.4.2(C)(1)(b).
(6) Any monies paid into the fund from a defendant's escrow account, as provided
by Chapter 21-C of this Title.
(7) Any gift, grant, devise or bequest of monies or properties of any nature or
description.
(8) Monies deposited by the state treasurer from the collection of unclaimed prize
money as provided for in R.S. 4:176 and R.S. 27:94, 252, 394, and 610, which shall be used
exclusively to pay the expenses associated with healthcare services of victims of sexually
oriented criminal offenses, including forensic medical examinations as defined in R.S.
15:622.
C.(1) Except as provided in Paragraphs (2) and (3) of this Subsection, all monies
deposited in the fund shall be used solely to pay reparation awards to victims pursuant to this
Chapter and disbursements therefrom shall be made by the state treasurer upon written order
of the board, signed by the chairman, or a court.
(2)(a) Monies received from the collection of unclaimed prize money as provided
for in R.S. 4:176 and R.S. 27:94, 252, and 394 shall be used exclusively to pay the expenses
associated with healthcare services of victims of sexually oriented criminal offenses,
including forensic medical examinations as defined in R.S. 15:622.
(b) Notwithstanding Subparagraph (a) of this Paragraph, for state Fiscal Years 2020-2021, 2021-2022, and 2022-2023, monies received from the collection of unclaimed prize
money as provided for in R.S. 4:176 and R.S. 27:94, 252, and 394 shall be used exclusively
to pay the expenses associated with healthcare services of victims of sexually oriented
criminal offenses, including forensic medical examinations as defined in R.S. 15:622, lost
earnings, and the reasonable costs of administering this Section. Such reasonable costs
include salary for one full-time employee, salary for one part-time employee, equipment,
operating expenses, and software support.
(3) Monies directed to the fund pursuant to R.S. 15:574.4.2(C)(1)(b) may be used
to pay restitution owed to a victim pursuant to R.S. 15:574.4.2(C)(1)(a) who applies for
recovery of the restitution funds pursuant to the provisions of this Chapter.
D.(1)(a) In addition to any other costs otherwise imposed by law, a cost of not less
than fifty dollars for felonies and seven dollars and fifty cents for misdemeanors and
violations of municipal and parish ordinances is hereby levied in each criminal action, except
traffic violations other than those driving offenses defined in Title 14 of the Louisiana
Revised Statutes of 1950, which results in a conviction. These costs shall be paid by the
defendant. No court may suspend or waive the imposition of the costs provided for in this
Section unless the defendant is found to be indigent, all other court costs are suspended or
waived and no other costs, fines or assessments are levied, whether provided by law or
imposed by the court, or unless restitution is ordered.
(b) The recipient of the costs shall remit all costs so collected to the Louisiana
Commission on Law Enforcement and Administration of Criminal Justice on or before the
first day of each calendar month to be deposited in the state treasurer's account for credit to
the Crime Victims Reparations Fund after meeting the requirements of Article VII, Section
9 of the Constitution of Louisiana. The monies in this fund shall be invested by the state
treasurer in the same manner as monies in the state general fund, and interest earned on the
investment of these monies shall be credited to the fund following compliance with the
requirement of Article VII, Section 9(B) relative to the Bond Security and Redemption Fund.
(2) Notwithstanding the provisions of Subsection C of this Section, monies deposited
in the Crime Victims Reparations Fund may be used to pay reasonable costs of administering
this Chapter. Disbursement of funds to pay such costs shall be made only on written
authorization of the chairman or vice chairman of the board.
E.(1) In addition to other costs provided for in this Section, a person convicted of a
felony, a misdemeanor, or a violation of an ordinance of any local government shall be
assessed an additional two dollars as special costs. Such special costs shall be imposed by
all courts, including mayor's courts and magistrate courts, and shall be used for the purpose
of training local law enforcement officers as directed by the Peace Officer Standards and
Training Council. The proceeds of the special costs shall be paid to the Louisiana
Commission on Law Enforcement and Administration of Criminal Justice to be used to train
local law enforcement agencies. The court, public office, or local governing body collecting
the special costs imposed herein shall retain two percent of such costs to defray the
administrative expenses of collecting and remitting the special costs.
(2) The recipient of the costs shall remit all costs so collected pursuant to this
Subsection and other provisions of this Section to the Louisiana Commission on Law
Enforcement and Administration of Criminal Justice on or before the first day of each
calendar month to be deposited in the state treasurer's account for credit to the Crime Victims
Reparations Fund after meeting the requirements of Article VII, Section 9 of the Constitution
of Louisiana. The monies in this fund shall be invested by the state treasurer in the same
manner as monies in the state general fund, and interest earned on the investment of these
monies shall be credited to the fund following compliance with the requirement of Article
VII, Section 9(B) of the Constitution of Louisiana, relative to the Bond Security and
Redemption Fund. The amount of money generated by the two dollar fee included in the
Crime Victims Reparation Fund shall be used by the Louisiana Commission on Law
Enforcement and Administration of Criminal Justice to train local law enforcement officers
and to provide assistance to local law enforcement agencies.

Legislative History

Added by Acts 1982, No. 250, §1, eff. July 17, 1982. Amended by Acts 1983, 1st Ex. Sess., No. 42, §1, eff. Jan. 19, 1983; Acts 1983, No. 159, §1; Acts 1984, No. 844, §2, eff. July 13, 1984; Acts 1985, No. 542, §1; Acts 1987, No. 474, §1; Acts 1989, No. 286, §1; Acts 1991, No. 409, §1; Acts 1991, No. 730, §1; Acts 2009, No. 440, §1; Acts 2012, No. 799, §3, eff. June 13, 2012; Acts 2015, No. 186, §3; Acts 2017, No. 53, §2; Acts 2020, No. 198, §1; Acts 2021, No. 440, §4, eff. July 1, 2021.