BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 314
                                                                  Page  1


          SENATE THIRD READING
          SB 314 (Ron Calderon)
          As Amended  June 1, 2009
          2/3 vote 

           SENATE VOTE  :38-0  
           
           PUBLIC SAFETY       7-0         APPROPRIATIONS      15-0        
           
           ----------------------------------------------------------------- 
          |Ayes:|Arambula, Hagman,         |Ayes:|De Leon, Nielsen,         |
          |     |Ammiano, Furutani,        |     |Ammiano,                  |
          |     |Gilmore, Hill, Ma         |     |Charles Calderon, Coto,   |
          |     |                          |     |Davis, Duvall, Fuentes,   |
          |     |                          |     |Hall, Harkey, Miller,     |
          |     |                          |     |John A. Perez, Skinner,   |
          |     |                          |     |Audra Strickland,         |
          |     |                          |     |Torlakson                 |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Directs the State Controller to deduct unpaid  
          restitution fines from a person's income tax refund; and  
          authorizes the Victims Compensation and Government Claims Board  
          (VCGCB) to authorize reimbursement of more than $2,000 for a  
          victim's relocation expenses, where the additional money is  
          appropriate due to the unusual, dire, or exceptional  
          circumstances of a particular claim.  

           EXISTING LAW  :

          1)Requests the State Controller to offset delinquent accounts  
            against personal income tax refunds which have been certified  
            by the Franchise Tax Board, in the following priority:

             a)   The non-payment of child or family support accounts  
               enforced by a local child support agency;

             b)   The non-payment of child or family support accounts  
               enforced by a person other than a local child support  
               agency;

             c)   The non-payment of spousal support accounts enforced by  
               a local child support agency;









                                                                  SB 314
                                                                  Page  2


             d)   The non-payment of spousal support accounts enforced by  
               a person other than a local child support agency;

             e)   The benefit overpayment accounts administered by the  
               Employment Development Department if no signed  
               reimbursement agreement exists, or if two consecutive  
               payments on a reimbursement agreement are delinquent at any  
               time; and,

             f)   The other offset accounts in the priority determined by  
               the State Controller.  

          2)Authorizes a cash payment or reimbursement not to exceed  
            $2,000 to a victim for expenses incurred in relocating, if the  
            expenses are determined by law enforcement to be necessary for  
            the personal safety of the victim or by a mental health  
            treatment provider to be necessary for the emotional  
            well-being of the victim.  

          3)Directs cash payments or reimbursements to only be awarded to  
            one claimant per crime giving rise to the relocation.  VCGCB  
            may authorize more than one relocation per crime if necessary  
            for the personal safety or emotional well-being of the  
            claimant.  However, the total cash payment or reimbursement  
            for all relocations due to the same crime shall not exceed  
            $2,000.  For purposes of this paragraph a claimant is the  
            crime victim, or, if the victim is deceased, a person who  
            resided with the deceased at the time of the crime.  

          4)Allows VCGCB, under compelling circumstances, to award a  
            second cash payment or reimbursement to a victim for another  
            crime if both of the following conditions are met:

             a)   The crime occurs more than three years from the date of  
               the crime giving rise to the initial relocation cash  
               payment or reimbursement; and,

             b)   The crime does not involve the same offender.  

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee analysis:

          1)Minor increase, likely less than $150,000, in restitution  
            funding as a result of income tax offsets.








                                                                  SB 314
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          2)Negligible costs to the Controller to process additional  
            income tax offsets.

          3)Minor increase in relocation payments, likely less than  
            $150,000, from the Restitution Fund.

          COMMENTS  :   According to the author, "Because victims of violent  
          crimes are often left with physical, emotional, and financial  
          scars, it is essential that the Victim Compensation Program  
          (VCP) be in a position to assist victims.  By assigning debts to  
          the VCP a higher priority within the tax collecting schedule, SB  
          314 makes sure that the Franchise Tax Board (FTB) collects these  
          debts in a more timely manner.

          "The Victims' Restitution Fund receives most of its revenue from  
          fines and penalties collected from criminal offenders.  
          Continuous raiding by the Governor and/or Legislature has left  
          the Victims Restitution Fund (housed under the VCGCB) threatened  
          with insolvency. Under current law, State agencies may order  
          that the FTB divert tax return money to agencies that are owed  
          outstanding debt. Different types of debt are assigned different  
          priority levels in order to determine their order of payment.

          "SB 314 puts payments to the Restitution Fund from the FTB at a  
          higher priority than payments to other entities. The purpose of  
          this is to restore funds as soon as possible back into the  
          Victims Restitution Fund. Secondly, SB 314 gives VCGCB the  
          authority to award more money than what is currently allowed for  
          victims needing assistance with relocation assistance. The  
          ability to award additional funds shall be done at the Board's  
          discretion where the Board deems it to be appropriate due to  
          extenuating circumstances."

          Please see the policy committee for a full discussion of this  
          bill.

           Analysis Prepared by  :    Nicole J. Hanson / PUB. S. / (916)  
          319-3744 

                                                               FN:  0001887