BILL NUMBER: AB 1194 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 1, 2014
AMENDED IN SENATE JUNE 10, 2014
AMENDED IN ASSEMBLY MAY 24, 2013
AMENDED IN ASSEMBLY APRIL 1, 2013
INTRODUCED BY Assembly Member Ammiano
FEBRUARY 22, 2013
An act to amend Section 13956 of the Government Code, relating to
crime victims.
LEGISLATIVE COUNSEL'S DIGEST
AB 1194, as amended, Ammiano. 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.
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, 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, 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) 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.
(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
286 , 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 , 286 , 288a, or 289 of the Penal Code.