BILL NUMBER: AB 1194	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 10, 2014
	AMENDED IN ASSEMBLY  MAY 24, 2013
	AMENDED IN ASSEMBLY  APRIL 1, 2013

INTRODUCED BY   Assembly  Members   Ammiano
    and V. Manuel Pérez 
 Member   Ammiano 
    (   Coauthors:  
Assembly Members   Alejo,  
  Levine,     and
Pan   ) 

                        FEBRUARY 22, 2013

   An act to amend Section  2333.5 of the Streets and
Highways Code    13956 of the Government Code  ,
relating to  transportation   crime victims
 .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1194, as amended, Ammiano.  Safe Routes to School
Program.   Crime victims.  
   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.  
   Existing law provides that an application for compensation may be
denied if the board finds that denial is appropriate because of the
nature of the victim's or other applicant's involvement in the events
leading to the crime or the involvement of the person whose injury
or death gives rise to the application.  
   This bill would, notwithstanding those provisions, prohibit an
application for compensation from being denied based upon the
applicant's involvement in events leading up to the crime if the
applicant was the victim of sexual assault or domestic violence, as
described in specified provisions.  
   Existing law prohibits a person who is convicted of a felony from
being granted compensation until that person has been discharged from
probation or has been released from a correctional institution and
has been discharged from parole, if any. Existing law also prohibits
compensation from being granted to an applicant during any period of
time the applicant is held in a correctional institution. Existing
law also requires applications of victims who are not felons to
receive priority in the award of compensation over an application
submitted by a felon.  
   This bill would exclude persons who are victims of sexual assault
or domestic violence, as described in specified provisions, from
these provisions.  
   Existing law creates the Safe Routes to School Program,
administered by the Department of Transportation in consultation with
the Department of the California Highway Patrol. Existing law
requires the Department of Transportation to award grants to local
government agencies based on the results of a statewide competition,
under which proposals submitted for funding are rated based on
various factors. Existing law provides for the program to be funded
from state and federal funds, as specified.  
   This bill would provide that the program may fund both
construction and noninfrastructure activities, as specified. The bill
would require 20% of program funds to be used for noninfrastructure
activities, as specified. The bill would authorize the transfer of
the responsibility for selecting projects and awarding grants from
the Department of Transportation to the California Transportation
Commission, at the discretion of the Transportation Agency. The bill
would require the Department of Transportation to employ a full-time
coordinator to administer the program. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 13956 of the  
Government Code   is amended to read: 
   13956.  Notwithstanding Section 13955, a person shall not be
eligible for compensation under the following conditions:
   (a) An application shall be denied if the board finds that the
victim or,  where   if  compensation is
sought by or on behalf of a derivative victim, either the victim or
derivative victim, knowingly and willingly participated in the
commission of the crime that resulted in the pecuniary loss for which
compensation is being sought pursuant to this chapter. However, this
subdivision shall not apply if the injury or death occurred as a
direct result of a crime committed in violation of Section 261, 262,
or 273.5 of, or a crime of unlawful sexual intercourse with a minor
committed in violation of subdivision (d) of Section 261.5 of, the
Penal Code.
   (b) (1) An application shall be denied if the board finds that the
victim or,  where   if  compensation is
sought by, or on behalf of, a derivative victim, either the victim or
derivative victim failed to cooperate reasonably with a law
enforcement agency in the apprehension and conviction of a criminal
committing the crime. However, in determining whether cooperation has
been reasonable, the board shall consider the victim's or derivative
victim's age, physical condition, and psychological state, cultural
or linguistic barriers, any compelling health and safety concerns,
including, but not limited to, a reasonable fear of retaliation or
harm that would jeopardize the well-being of the victim or the victim'
s family or the derivative victim or the derivative victim's family,
and giving due consideration to the degree of cooperation of which
the victim or derivative victim is capable in light of the presence
of any of these factors.
   (2) An application for a claim based on domestic violence may not
be denied solely because no police report was made by the victim. The
board shall adopt guidelines that allow the board to consider and
approve applications for assistance based on domestic violence
relying upon evidence other than a police report to establish that a
domestic violence crime has occurred. Factors evidencing that a
domestic violence crime has occurred may include, but are not limited
to, medical records documenting injuries consistent with allegations
of domestic violence, mental health records, or the fact that the
victim has obtained a temporary or permanent restraining order, or
all of these.
   (3) An application for a claim based on human trafficking as
defined in Section 236.1 of the Penal Code may not be denied solely
because no police report was made by the victim. The board shall
adopt guidelines that allow the board to consider and approve
applications for assistance based on human trafficking relying upon
evidence other than a police report to establish that a human
trafficking crime as defined in Section 236.1  of the Penal Code
 has occurred. That evidence may include any reliable
corroborating information approved by the board, including, but not
limited to, the following:
   (A) A Law Enforcement Agency Endorsement issued pursuant to
Section 236.2 of the Penal Code.
   (B) A human trafficking caseworker as identified in Section 1038.2
of the Evidence Code, has attested by affidavit that the individual
was a victim of human trafficking.
   (c)  An   Except as otherwise provided in
this subdivision, an  application for compensation may be
denied, in whole or in part, if the board finds that denial is
appropriate because of the nature of the victim's or other applicant'
s involvement in the events leading to the crime or the involvement
of the persons whose injury or death gives rise to the application.
 In 
    (1)     In  the case of a minor, the
board shall consider the minor's age, physical condition, and
psychological state, as well as any compelling health and safety
concerns, in determining whether the minor's application should be
denied pursuant to this section. The application of a derivative
victim of domestic violence under the age of 18 years of age or a
derivative victim of trafficking under 18 years of age may not be
denied on the basis of the denial of the victim's application under
this subdivision. 
   (2) No application for compensation may be denied based upon the
applicant's involvement in events leading up to the crime if the
applicant was the victim of sexual assault or domestic violence as
described in Section 261, 262, 264, 264.1, 273.5, 285, 288a, or 289
of the Penal Code. 
   (d) (1) Notwithstanding Section 13955, no person who is convicted
of a felony may be granted compensation until that person has been
discharged from probation or has been released from a correctional
institution and has been discharged from parole, if any. In no case
shall compensation be granted to an applicant pursuant to this
chapter during any period of time the applicant is held in a
correctional institution.
   (2) A person who has been convicted of a felony may apply for
compensation pursuant to this chapter at any time, but the award of
that compensation may not be considered until the applicant meets the
requirements for compensation set forth in paragraph (1).
   (3) Applications of victims who are not felons shall receive
priority in the award of compensation over an application submitted
by a felon who has met the requirements for compensation set forth in
paragraph (1). 
   (4) This subdivision shall not apply to any victim of sexual
assault or domestic violence as described in Section 261, 262, 264,
264.1, 273.5, 288a, or 289 of the Penal Code.  
  SECTION 1.    Section 2333.5 of the Streets and
Highways Code is amended to read:
   2333.5.  (a) The department, in consultation with the Department
of the California Highway Patrol, shall establish and administer a
"Safe Routes to School" program with the following elements:
   (1) Construction of bicycle and pedestrian safety and traffic
calming projects.
   (2) Noninfrastructure-related activities to encourage walking and
bicycling to school, including public awareness campaigns and
outreach to press and community leaders, traffic education and
enforcement in the vicinity of schools, student sessions on bicycle
and pedestrian safety, health, and environment, and funding for
training, volunteers, and managers of safe routes to school programs.

   (b) The department shall award grants to local governmental
agencies under the program based on the results of a statewide
competition that requires submission of proposals for funding and
rates those proposals on all of the following factors:
   (1) Demonstrated needs of the applicant.
   (2) Potential of the proposal for reducing child injuries and
fatalities.
   (3) Potential of the proposal for encouraging increased walking
and bicycling among students.
   (4) Identification of safety hazards.
   (5) Identification of current and potential walking and bicycling
routes to school.
   (6) Use of a public participation process, including, but not
limited to, a public meeting that satisfies all of the following:
   (A) Involves the public, schools, parents, teachers, local
agencies, the business community, key professionals, and others.
   (B) Identifies community priorities and gathers community input to
guide the development of projects included in the proposal.
   (C) Ensures that community priorities are reflected in the
proposal.
   (D) Secures support for the proposal by relevant stakeholders.
   (7) Benefit to a low-income school, defined for purposes of this
section to mean a school where at least 75 percent of students are
eligible to receive free or reduced-price meals under the National
School Lunch Program.
   (c) Any annual budget allocation to fund grants described in
subdivision (b) shall be in addition to any federal funding received
by the state that is designated for "Safe Routes to School" projects
pursuant to Section 1404 of SAFETEA-LU or any similar program funded
through a subsequent transportation act.
   (d) Any federal funding received by the state that is designated
for "Safe Routes to School" projects shall be distributed by the
department under the competitive grant process, consistent with all
applicable federal requirements.
   (e) Prior to the award of any construction grant or the department'
s use of those funds for a "Safe Routes to School" construction
project encompassing a freeway, state highway, or county road, the
department shall consult with, and obtain approval from, the
Department of the California Highway Patrol, ensuring that the "Safe
Routes to School" proposal complements the California Highway Patrol'
s Pedestrian Corridor Safety Program and is consistent with its
statewide pedestrian safety statistical analysis.
   (f) The department is encouraged to coordinate with law
enforcement agencies' community policing efforts in establishing and
maintaining the "Safe Routes to School" program.
   (g) In the development of guidelines and procedures governing this
program, the department shall fully consider the needs of low-income
schools.
   (h) Up to 10 percent of program funds may be used to assist
eligible recipients in making infrastructure improvements, other than
schoolbus shelters, that create safe routes to schoolbus stops that
are located outside the vicinity of schools.
   (i) At the discretion of the Transportation Agency, the
responsibility for selecting projects and awarding grants under this
section pursuant to the statewide competitive grant process may be
transferred from the department to the commission.
   (j) Twenty percent of program funds shall be used for
noninfrastructure-related activities as described in paragraph (2) of
subdivision (a). Up to 20 percent of the funds used for
noninfrastructure-related activities shall be used for a statewide
technical assistance resource center.
   (k) The department shall employ a full-time safe routes to school
coordinator to administer the Safe Routes to School program.