BILL NUMBER: SB 1299 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 31, 2012
PASSED THE ASSEMBLY AUGUST 23, 2012
AMENDED IN ASSEMBLY JUNE 12, 2012
AMENDED IN SENATE APRIL 30, 2012
AMENDED IN SENATE APRIL 16, 2012
INTRODUCED BY Senator Wright
FEBRUARY 23, 2012
An act to amend Sections 13952, 13953, 13954, 13955, 13957.2, and
13957.7 of, and to repeal Section 13957.9 of, the Government Code,
relating to victims of crime, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 1299, Wright. Victims of crime: compensation.
(1) Existing law provides for the compensation of victims and
derivative victims of specified types of crimes by the California
Victim Compensation and Government Claims Board from the Restitution
Fund, a continuously appropriated fund, for specified losses suffered
as a result of those crimes. Existing law sets forth eligibility
requirements and specified limits on the amount of compensation the
board may award.
This bill would increase from one year to 3 years the time period
in which crime victims may file an application for compensation. The
bill would modify the authorization for the board to extend that time
period for good cause, as specified. By extending the application of
provisions authorizing certain uses of continuously appropriated
funds, this bill would make an appropriation.
(2) Existing law requires the board to develop procedures, as
specified, on matters within its jurisdiction and authorizes the
board to recognize an authorized representative of the victim or
derivative victim.
This bill would include within the meaning of the term "authorized
representative" a county social worker designated by a county
department of social services to represent a child abuse or elder
abuse victim if that victim is unable to file on his or her own
behalf. This bill would also repeal a requirement for the board to
develop a simplified and expedited procedure for paying claims to a
qualified provider of mental health services.
(3) Existing law authorizes the board to establish maximum rates
and service limitations for reimbursement of specified services and
defines certain terms for purposes of the claim payment process.
The bill would provide that any reduction in maximum rates or
service limitations shall not affect payment or reimbursement of
losses incurred prior to 3 months after the adoption of any changes.
The bill would prohibit a provider from charging the victim or
derivative victim for any difference between the cost of a service,
as specified, and the program's payment for that service.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 13952 of the Government Code is amended to
read:
13952. (a) An application for compensation shall be filed with
the board in the manner determined by the board.
(b) (1) The application for compensation shall be verified under
penalty of perjury by the individual who is seeking compensation, who
may be the victim or derivative victim, or an individual seeking
reimbursement for burial, funeral, or crime scene cleanup expenses
pursuant to subdivision (a) of Section 13957. If the individual
seeking compensation is a minor or is incompetent, the application
shall be verified under penalty of perjury or on information and
belief by the parent with legal custody, guardian, conservator, or
relative caregiver of the victim or derivative victim for whom the
application is made. However, if a minor seeks compensation only for
expenses for medical, medical-related, psychiatric, psychological, or
other mental health counseling-related services and the minor is
authorized by statute to consent to those services, the minor may
verify the application for compensation under penalty of perjury.
(2) For purposes of this subdivision, "relative caregiver" means a
relative as defined in subdivision (i) of Section 6550 of the Family
Code, who assumed primary responsibility for the child while the
child was in the relative's care and control, and who is not a
biological or adoptive parent.
(c) (1) The board may require submission of additional information
supporting the application that is reasonably necessary to verify
the application and determine eligibility for compensation.
(2) The staff of the board shall determine whether an application
for compensation contains all of the information required by the
board. If the staff determines that an application does not contain
all of the required information, the staff shall communicate that
determination to the applicant with a brief statement of the
additional information required. The applicant, within 30 calendar
days of being notified that the application is incomplete, may either
supply the additional information or appeal the staff's
determination to the board, which shall review the application to
determine whether it is complete.
(d) (1) The board may recognize an authorized representative of
the victim or derivative victim, who shall represent the victim or
derivative victim pursuant to rules adopted by the board.
(2) For purposes of this subdivision, "authorized representative"
means any of the following:
(A) An attorney.
(B) If the victim or derivative victim is a minor or an
incompetent adult, the legal guardian or conservator, or an immediate
family member, parent, or relative caregiver who is not the
perpetrator of the crime that gave rise to the claim.
(C) A victim assistance advocate certified pursuant to Section
13835.10 of the Penal Code.
(D) An immediate family member of the victim or derivative victim,
who has written authorization by the victim or derivative victim,
and who is not the perpetrator of the crime that gave rise to the
claim.
(E) Other persons who shall represent the victim or derivative
victim pursuant to rules adopted by the board.
(F) A county social worker designated by a county department of
social services to represent a child abuse victim or an elder abuse
victim if that victim is unable to file on his or her own behalf.
(3) Except for attorney's fees awarded under this chapter, no
authorized representative described in paragraph (2) shall charge,
demand, receive, or collect any amount for services rendered under
this subdivision.
SEC. 2. Section 13953 of the Government Code is amended to read:
13953. (a) An application for compensation shall be filed within
three years of the date of the crime, three years after the victim
attains 18 years of age, or three years of the time the victim or
derivative victim knew or in the exercise of ordinary diligence could
have discovered that an injury or death had been sustained as a
direct result of crime, whichever is later. An application based on
any crime eligible for prosecution under Section 801.1 of the Penal
Code may be filed any time prior to the victim's 28th birthday.
(b) The board may for good cause grant an extension of the time
period in subdivision (a). In making this determination, the board
shall consider all of the following:
(1) Whether the victim or derivative victim incurs emotional harm
or a pecuniary loss while testifying during the prosecution or in the
punishment of the person accused or convicted of the crime.
(2) Whether the victim or derivative victim incurs emotional harm
or a pecuniary loss when the person convicted of the crime is
scheduled for a parole hearing or released from incarceration.
(c) The period prescribed in this section for filing an
application by or on behalf of a derivative victim shall be tolled
when the board accepts the application filed by a victim of the same
qualifying crime.
SEC. 3. Section 13954 of the Government Code is amended to read:
13954. (a) The board shall verify with hospitals, physicians, law
enforcement officials, or other interested parties involved, the
treatment of the victim or derivative victim, circumstances of the
crime, amounts paid or received by or for the victim or derivative
victim, and any other pertinent information deemed necessary by the
board. Verification information shall be returned to the board within
10 business days after a request for verification has been made by
the board. Verification information shall be provided at no cost to
the applicant, the board, or victim centers. When requesting
verification information, the board shall certify that a signed
authorization by the applicant is retained in the applicant's file
and that this certification constitutes actual authorization for the
release of information, notwithstanding any other provision of law.
If requested by a physician or mental health provider, the board
shall provide a copy of the signed authorization for the release of
information.
(b) The victim and the applicant, if other than the victim, shall
cooperate with the staff of the board or the victim center in the
verification of the information contained in the application. Failure
to cooperate shall be reported to the board, which, in its
discretion, may reject the application solely on this ground.
(c) The board may contract with victim centers to provide
verification of applications processed by the centers pursuant to
conditions stated in subdivision (a). The board and its staff shall
cooperate with the Office of Criminal Justice Planning and victim
centers in conducting training sessions for center personnel and
shall cooperate in the development of standardized verification
procedures to be used by the victim centers in the state. The board
and its staff shall cooperate with victim centers in disseminating
standardized board policies and findings as they relate to the
centers.
(d) Notwithstanding Section 827 of the Welfare and Institutions
Code or any other provision of law, every law enforcement and social
service agency in the state shall provide to the board or to victim
centers that have contracts with the board pursuant to subdivision
(c), upon request, a copy of a petition filed in a juvenile court
proceeding, reports of the probation officer, any other document made
available to the probation officer or to the judge, referee, or
other hearing officer, a complete copy of the report regarding the
incident, and any supplemental reports involving the crime, public
offense, or incident giving rise to a claim, for the specific purpose
of the submission of a claim or the determination of eligibility to
submit a claim filed pursuant to this chapter. The board and victim
centers receiving records pursuant to this subdivision may not
disclose a document that personally identifies a minor to anyone
other than the minor who is so identified, his or her custodial
parent or guardian, the attorneys for those parties, and any other
persons that may be designated by court order. Any information
received pursuant to this section shall be received in confidence for
the limited purpose for which it was provided and may not be further
disseminated. A violation of this subdivision is a misdemeanor
punishable by a fine not to exceed five hundred dollars ($500).
(e) The law enforcement agency supplying information pursuant to
this section may withhold the names of witnesses or informants from
the board, if the release of those names would be detrimental to the
parties or to an investigation in progress.
(f) Notwithstanding any other provision of law, every state
agency, upon receipt of a copy of a release signed in accordance with
the Information Practices Act of 1977 (Chapter 1 (commencing with
Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code)
by the applicant or other authorized representative, shall provide
to the board or victim center the information necessary to complete
the verification of an application filed pursuant to this chapter.
(g) The Department of Justice shall furnish, upon application of
the board, all information necessary to verify the eligibility of any
applicant for benefits pursuant to subdivision (d) of Section 13956,
to recover any restitution fine or order obligations that are owed
to the Restitution Fund or to any victim of crime, or to evaluate the
status of any criminal disposition.
(h) A privilege is not waived under Section 912 of the Evidence
Code by an applicant consenting to disclosure of an otherwise
privileged communication if that disclosure is deemed necessary by
the board for verification of the application.
(i) Any verification conducted pursuant to this section shall be
subject to the time limits specified in Section 13958.
(j) Any county social worker acting as the applicant for a child
victim or elder abuse victim shall not be required to provide
personal identification, including, but not limited to, the applicant'
s date of birth or social security number. County social workers
acting in this capacity shall not be required to sign a promise of
repayment to the board.
SEC. 4. Section 13955 of the Government Code is amended to read:
13955. Except as provided in Section 13956, a person shall be
eligible for compensation when all of the following requirements are
met:
(a) The person for whom compensation is being sought is any of the
following:
(1) A victim.
(2) A derivative victim.
(3) (A) A person who is entitled to reimbursement for funeral,
burial, or crime scene cleanup expenses pursuant to paragraph (9) of
subdivision (a) of Section 13957.
(B) This paragraph applies without respect to any felon status of
the victim.
(b) Either of the following conditions is met:
(1) The crime occurred within this state, whether or not the
victim is a resident of the state. This paragraph shall apply only
during those time periods during which the board determines that
federal funds are available to the state for the compensation of
victims of crime.
(2) Whether or not the crime occurred within the State of
California, the victim was any of the following:
(A) A resident of the state.
(B) A member of the military stationed in California.
(C) A family member living with a member of the military stationed
in this state.
(c) If compensation is being sought for a derivative victim, the
derivative victim is a resident of this state, or resident of another
state, who is any of the following:
(1) At the time of the crime was the parent, grandparent, sibling,
spouse, child, or grandchild of the victim.
(2) At the time of the crime was living in the household of the
victim.
(3) At the time of the crime was a person who had previously lived
in the household of the victim for a period of not less than two
years in a relationship substantially similar to a relationship
listed in paragraph (1).
(4) Is another family member of the victim, including, but not
limited to, the victim's fiancé or fiancée, and who witnessed the
crime.
(5) Is the primary caretaker of a minor victim, but was not the
primary caretaker at the time of the crime.
(d) The application is timely pursuant to Section 13953.
(e) (1) Except as provided in paragraph (2), the injury or death
was a direct result of a crime.
(2) Notwithstanding paragraph (1), no act involving the operation
of a motor vehicle, aircraft, or water vehicle that results in injury
or death constitutes a crime for the purposes of this chapter,
except when the injury or death from such an act was any of the
following:
(A) Intentionally inflicted through the use of a motor vehicle,
aircraft, or water vehicle.
(B) Caused by a driver who fails to stop at the scene of an
accident in violation of Section 20001 of the Vehicle Code.
(C) Caused by a person who is under the influence of any alcoholic
beverage or drug.
(D) Caused by a driver of a motor vehicle in the immediate act of
fleeing the scene of a crime in which he or she knowingly and
willingly participated.
(E) Caused by a person who commits vehicular manslaughter in
violation of subdivision (b) of Section 191.5, subdivision (c) of
Section 192, or Section 192.5 of the Penal Code.
(F) Caused by any party where a peace officer is operating a motor
vehicle in an effort to apprehend a suspect, and the suspect is
evading, fleeing, or otherwise attempting to elude the peace officer.
(f) As a direct result of the crime, the victim or derivative
victim sustained one or more of the following:
(1) Physical injury. The board may presume a child who has been
the witness of a crime of domestic violence has sustained physical
injury. A child who resides in a home where a crime or crimes of
domestic violence have occurred may be presumed by the board to have
sustained physical injury, regardless of whether the child has
witnessed the crime.
(2) Emotional injury and a threat of physical injury.
(3) Emotional injury, where the crime was a violation of any of
the following provisions:
(A) Section 261, 262, 271, 273a, 273d, 285, 286, 288, 288a, 288.5,
or 289, or subdivision (b) or (c) of Section 311.4, of the Penal
Code.
(B) Section 270 of the Penal Code, where the emotional injury was
a result of conduct other than a failure to pay child support, and
criminal charges were filed.
(C) Section 261.5 of the Penal Code, and criminal charges were
filed.
(D) Section 278 or 278.5 of the Penal Code, where the deprivation
of custody as described in those sections has endured for 30 calendar
days or more. For purposes of this paragraph, the child, and not the
nonoffending parent or other caretaker, shall be deemed the victim.
(g) The injury or death has resulted or may result in pecuniary
loss within the scope of compensation pursuant to Sections 13957 to
13957.7, inclusive.
SEC. 5. Section 13957.2 of the Government Code is amended to read:
13957.2. (a) The board may establish maximum rates and service
limitations for reimbursement of medical and medical-related services
and for mental health and counseling services. The adoption,
amendment, and repeal of these service limitations and maximum rates
shall not be subject to the rulemaking provision of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1). An informational copy of the service limitations
and maximum rates shall be filed with the Secretary of State upon
adoption by the board. Any reduction in the maximum rates or service
limitations shall not affect payment or reimbursement of losses
incurred prior to three months after the adoption of the reduction. A
provider who accepts payment from the program for a service shall
accept the program's rates as payment in full and shall not accept
any payment on account of the service from any other source if the
total of payments accepted would exceed the maximum rate set by the
board for that service. A provider shall not charge a victim or
derivative victim for any difference between the cost of a service
provided to a victim or derivative victim and the program's payment
for that service. To ensure service limitations that are uniform and
appropriate to the levels of treatment required by the victim or
derivative victim, the board may review all claims for these services
as necessary to ensure their medical necessity.
(b) The board may request an independent examination and report
from any provider of medical or medical-related services or
psychological or psychiatric treatment or mental health counseling
services, if it believes there is a reasonable basis for requesting
an additional evaluation. The victim or derivative victim shall be
notified of the name of the provider who is to perform the evaluation
within 30 calendar days of that determination. In cases where the
crime involves sexual assault, the provider shall have expertise in
the needs of sexual assault victims. In cases where the crime
involves child abuse or molestation, the provider shall have
expertise in the needs of victims of child abuse or molestation, as
appropriate. When a reevaluation is requested, payments shall not be
discontinued prior to completion of the reevaluation.
(c) Reimbursement for any medical, medical-related, or mental
health services shall, if the application has been approved, be paid
by the board within an average of 90 days from receipt of the claim
for payment. Payments to a medical or mental health provider may not
be discontinued prior to completion of any reevaluation. Whether or
not a reevaluation is obtained, if the board determines that payments
to a provider will be discontinued, the board shall notify the
provider of their discontinuance within 30 calendar days of its
determination.
SEC. 6. Section 13957.7 of the Government Code is amended to read:
13957.7. (a) No reimbursement may be made for any expense that is
submitted more than three years after it is incurred by the victim
or derivative victim. However, reimbursement may be made for an
expense submitted more than three years after the date it is incurred
if the victim or derivative victim has affirmed the debt and is
liable for the debt at the time the expense is submitted for
reimbursement, or has paid the expense as a direct result of a crime
for which a timely application has been filed or has paid the expense
as a direct result of a crime for which an application has been
filed and approved.
(b) Compensation made pursuant to this chapter may be on a
one-time or periodic basis. If periodic, the board may increase,
reduce, or terminate the amount of compensation according to the
applicant's need, subject to the maximum limits provided in this
chapter.
(c) (1) The board may authorize direct payment to a provider of
services that are reimbursable pursuant to this chapter and may make
those payments prior to verification. However, the board may not,
without good cause, authorize a direct payment to a provider over the
objection of the victim or derivative victim.
(2) Reimbursement on the initial claim for any psychological,
psychiatric, or mental health counseling services shall, if the
application has been approved, be paid by the board within 90 days of
the date of receipt of the claim for payment, with subsequent
payments to be made to the provider within one month of the receipt
of a claim for payment.
(d) Payments for peer counseling services provided by a rape
crisis center may not exceed fifteen dollars ($15) for each hour of
services provided. Those services shall be limited to in-person
counseling for a period not to exceed 10 weeks plus one series of
facilitated support group counseling sessions.
(e) The board shall develop procedures to ensure that a victim is
using compensation for job retraining or relocation only for its
intended purposes. The procedures may include, but need not be
limited to, requiring copies of receipts, agreements, or other
documents as requested, or developing a method for direct payment.
(f) Compensation granted pursuant to this chapter shall not
disqualify an otherwise eligible applicant from participation in any
other public assistance program.
(g) The board shall pay attorney's fees representing the
reasonable value of legal services rendered to the applicant, in an
amount equal to 10 percent of the amount of the award, or five
hundred dollars ($500), whichever is less, for each victim and each
derivative victim. An attorney receiving fees from another source may
waive the right to receive fees under this subdivision. Payments
under this subdivision shall be in addition to any amount authorized
or ordered under subdivision (b) of Section 13960. An attorney may
not charge, demand, receive, or collect any amount for services
rendered in connection with any proceedings under this chapter except
as awarded under this chapter.
(h) A private nonprofit agency shall be reimbursed for its
services at the level of the normal and customary fee charged by the
private nonprofit agency to clients with adequate means of payment
for its services, except that this reimbursement may not exceed the
maximum reimbursement rates set by the board and may be made only to
the extent that the victim otherwise qualifies for compensation under
this chapter and that other reimbursement or direct subsidies are
not available to serve the victim.
SEC. 7. Section 13957.9 of the Government Code is repealed.