Amended in Senate August 19, 2014

Amended in Assembly May 23, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1629

Introduced by Assembly Member Bonta

(Coauthors: Assembly Members Garcia, Maienschein, V. Manuel Pérez, Skinner, Ting, and Waldron)

February 10, 2014

An act to begin delete amend Sections 13951 and 13957 end delete begin insert add and repeal Section 13957.9 end insert of the Government Code, relating to crime victims, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

AB 1629, as amended, Bonta. Crime victims: compensation: reimbursement of violence peer counseling expenses.

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 authorizes the board to reimburse a crime victim or derivative victim for the amount of outpatient mental health counseling-related expenses incurred by the victim or derivative victim, including peer counseling services provided by a rape crisis center, as specified.

This bill would additionally begin insert , until January 1, 2017, end insert authorize the board to reimburse a crime victim or derivative victim for the amount of outpatient violence peer counseling-related expenses incurred by the victim or derivative victim, as specified. By expanding the authorization for the use of moneys in a continuously appropriated fund, this bill would make an appropriation.

Vote: ²⁄₃. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 13957.9 is added to the end insert begin insert Government Code end insert begin insert ,
to read: end insert

begin insert

begin insert 13957.9. end insert   

(a) (1) In addition to the authorization provided in
Section 13957, the board may grant for pecuniary loss, when the
board determines it will best aid the person seeking compensation,
as follows:

(2) Subject to the limitations set forth in Section 13957.2,
reimburse the amount of outpatient psychiatric, psychological, or
other mental health counseling-related expenses incurred by the
victim or derivative victim, including peer counseling services
provided by violence peer counseling services provided by a service
organization for victims of violent crime, and including family
psychiatric, psychological, or mental health counseling for the
successful treatment of the victim provided to family members of
the victim in the presence of the victim, whether or not the family
member relationship existed at the time of the crime, that became
necessary as a direct result of the crime, subject to the following
conditions:

(A) The following persons may be reimbursed for the expense
of their outpatient mental health counseling in an amount not to
exceed ten thousand dollars ($10,000):

(i) A victim.

(ii) A derivative victim who is the surviving parent, sibling,
child, spouse, fiancé, or fiancée of a victim of a crime that directly
resulted in the death of the victim.

(iii) A derivative victim, as described in paragraphs (1) to (4),
inclusive, of subdivision (c) of Section 13955, who is the primary
caretaker of a minor victim whose claim is not denied or reduced
pursuant to Section 13956 in a total amount not to exceed ten
thousand dollars ($10,000) for not more than two derivative
victims.

(B) The following persons may be reimbursed for the expense
of their outpatient mental health counseling in an amount not to
exceed five thousand dollars ($5,000):

(i) A derivative victim not eligible for reimbursement pursuant
to subparagraph (A), provided that mental health counseling of a
derivative victim described in paragraph (5) of subdivision (c) of
Section 13955, shall be reimbursed only if that counseling is
necessary for the treatment of the victim.

(ii) A victim of a crime of unlawful sexual intercourse with a
minor committed in violation of subdivision (d) of Section 261.5
of the Penal Code. A derivative victim of a crime committed in
violation of subdivision (d) of Section 261.5 of the Penal Code
shall not be eligible for reimbursement of mental health counseling
expenses.

(iii) A minor who suffers emotional injury as a direct result of
witnessing a violent crime and who is not eligible for
reimbursement of the costs of outpatient mental health counseling
under any other provision of this chapter. To be eligible for
reimbursement under this clause, the minor must have been in
close proximity to the victim when he or she witnessed the crime.

(C) The board may reimburse a victim or derivative victim for
outpatient mental health counseling in excess of that authorized
by subparagraph (A) or (B) or for inpatient psychiatric,
psychological, or other mental health counseling if the claim is
based on dire or exceptional circumstances that require more
extensive treatment, as approved by the board.

(D) Expenses for psychiatric, psychological, or other mental
health counseling-related services may be reimbursed only if the
services were provided by either of the following individuals:

(i) A person who would have been authorized to provide those
services pursuant to former Article 1 (commencing with Section
13959) as it read on January 1, 2002.

(ii) A person who is licensed by the state to provide those
services, or who is properly supervised by a person who is so
licensed, subject to the board’s approval and subject to the
limitations and restrictions the board may impose.

(b) The total award to or on behalf of each victim or derivative
victim may not exceed thirty-five thousand dollars ($35,000), except
that this amount may be increased to seventy thousand dollars
($70,000) if federal funds for that increase are available.

(c) For the purposes of this section, the following definitions
shall apply:

(1) “Service organization for victims of violent crime” means
a nongovernmental organization that meets both of the following
criteria:

(A) Its primary mission is to provide services to victims of violent
crime.

(B) It provides programs or services to victims of violent crime
and their families, and other programs, whether or not a similar
program exists in an agency that provides additional services.

(2) “Violence peer counseling services” means counseling by
a violence peer counselor for the purpose of rendering advice or
assistance for victims of violent crime and their families.

(3) “Violence peer counselor” means a provider of formal or
informal counseling services who is employed by a service
organization for victims of violent crime, whether financially
compensated or not, and who meets all of the following
requirements:

(A) Possesses at least six months of full-time equivalent
experience in providing peer support services acquired through
employment, volunteer work, or as part of an internship experience.

(B) Completed a training program aimed at preparing an
individual who was once a mental health services consumer to use
his or her life experience with mental health treatment, combined
with other strengths and skills, to promote the mental health
recovery of other mental health services consumers who are in
need of peer-based services relating to recovery as a victim of a
violent crime.

(C) Possesses 40 hours of training on all of the following:

(i) The profound neurological, biological, psychological, and
social effects of trauma and violence.

(ii) Peace-building and violence prevention strategies, including,
but not limited to, conflict mediation and retaliation prevention
related to gangs and gang-related violence.

(iii) Post-traumatic stress disorder and vicarious trauma,
especially as related to gangs and gang-related violence.

(iv) Case management practices, including, but not limited to,
ethics and victim compensation advocacy.

(D) When providing violence peer counseling services, is
supervised by a marriage and family therapist licensed pursuant
to Chapter 13 (commencing with Section 4980) of Division 2 of
the Business and Professions Code, a licensed educational
psychologist licensed pursuant to Chapter 13.5 (commencing with
Section 4989.10) of Division 2 of the Business and Professions
Code, a clinical social worker licensed pursuant to Chapter 14
(commencing with Section 4991) of Division 2 of the Business and
Professions Code, or a licensed professional clinical counselor
licensed pursuant to Chapter 16 (commencing with Section
4999.10) of Division 2 of the Business and Professions Code. For
the purposes of this subparagraph, the supervision requirement
is satisfied if a licensed marriage and family therapist, licensed
educational psychologist, licensed clinical social worker, or a
licensed professional clinical counselor is employed by the same
service organization as the violence peer counselor.

(d) This section shall remain in effect only until January 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2017, deletes or extends that date.

end insert

begin delete

SECTION 1.  

Section 13951 of the Government Code is
amended to read:

13951.  

As used in this chapter, the following definitions shall
apply:

(a) “Board” means the California Victim Compensation and
Government Claims Board.

(b) (1) “Crime” means a crime or public offense, wherever it
may take place, that would constitute a misdemeanor or a felony
if the crime had been committed in California by a competent
adult.

(2) “Crime” includes an act of terrorism, as defined in Section
2331 of Title 18 of the United States Code, committed against a
resident of the state, whether or not the act occurs within the state.

(c) “Derivative victim” means an individual who sustains
pecuniary loss as a result of injury or death to a victim.

(d) “Law enforcement” means every district attorney, municipal
police department, sheriff’s department, district attorney’s office,
county probation department, and social services agency, the
Department of Justice, the Department of Corrections and
Rehabilitation, the Department of the Youth Authority, the
Department of the California Highway Patrol, the police
department of any campus of the University of California,
California State University, or community college, and every
agency of the State of California expressly authorized by statute
to investigate or prosecute law violators.

(e) “Pecuniary loss” means an economic loss or expense
resulting from an injury or death to a victim of crime that has not
been and will not be reimbursed from any other source.

(f) “Peer counseling” means counseling offered by a provider
of mental health counseling services who has completed a
specialized course in rape crisis counseling skills development,
participates in continuing education in rape crisis counseling skills
development, and provides rape crisis counseling within the State
of California.

(g) “Service organization for victims of violent crime” means
a nongovernmental organization that meets both of the following
criteria:

(1) Its primary mission is to provide services to victims of
violent crime.

(2) It provides programs or services to victims of violent crime
and their families, and other programs, whether or not a similar
program exists in an agency that provides additional services.

(h) “Victim” means an individual who sustains injury or death
as a direct result of a crime as specified in subdivision (e) of
Section 13955.

(i) “Victim center” means a victim and witness assistance center
that receives funds pursuant to Section 13835.2 of the Penal Code.

(j) “Violence peer counseling” means counseling by a violence
peer counselor for the purpose of rendering advice or assistance
for victims of violent crime and their families.

(k) “Violence peer counselor” means a provider of formal or
informal counseling services who is employed by a service
organization for victims of violent crime, whether financially
compensated or not, and who meets all of the following
requirements:

(1) Possesses at least six months of full-time equivalent
experience in providing peer support services acquired through
employment, volunteer work, or as part of an internship experience.

(2) Completed a training program aimed at preparing an
individual who was once a mental health services consumer to use
his or her life experience with mental health treatment, combined
with other strengths and skills, to promote the mental health
recovery of other mental health services consumers who are in
need of peer-based services relating to recovery as a victim of a
violent crime.

(3) Possesses 40 hours of training on all of the following:

(A) The profound neurological, biological, psychological, and
social effects of trauma and violence.

(B) Peace-building and violence prevention strategies, including,
but not limited to, conflict mediation and retaliation prevention
related to gangs and gang-related violence.

(C) Post-traumatic stress disorder and vicarious trauma,
especially as related to gangs and gang-related violence.

(D) Case management practices, including, but not limited to,
ethics and victim compensation advocacy.

SEC. 2.  

Section 13957 of the Government Code, as amended
by Section 2 of Chapter 147 of the Statutes of 2013, is amended
to read:

13957.  

(a) The board may grant for pecuniary loss, when the
board determines it will best aid the person seeking compensation,
as follows:

(1) Subject to the limitations set forth in Section 13957.2,
reimburse the amount of medical or medical-related expenses
incurred by the victim, including, but not limited to, eyeglasses,
hearing aids, dentures, or any prosthetic device taken, lost, or
destroyed during the commission of the crime, or the use of which
became necessary as a direct result of the crime.

(2) Subject to the limitations set forth in Section 13957.2,
reimburse the amount of outpatient psychiatric, psychological, or
other mental health counseling-related expenses incurred by the
victim or derivative victim, including peer counseling services
provided by a rape crisis center as defined by Section 13837 of
the Penal Code or violence peer counseling services provided by
a service organization for victims of violent crime, and including
family psychiatric, psychological, or mental health counseling for
the successful treatment of the victim provided to family members
of the victim in the presence of the victim, whether or not the
family member relationship existed at the time of the crime, that
became necessary as a direct result of the crime, subject to the
following conditions:

(A) The following persons may be reimbursed for the expense
of their outpatient mental health counseling in an amount not to
exceed ten thousand dollars ($10,000):

(i) A victim.

(ii) A derivative victim who is the surviving parent, sibling,
child, spouse, fiancé, or fiancée of a victim of a crime that directly
resulted in the death of the victim.

(iii) A derivative victim, as described in paragraphs (1) to (4),
inclusive, of subdivision (c) of Section 13955, who is the primary
caretaker of a minor victim whose claim is not denied or reduced
pursuant to Section 13956 in a total amount not to exceed ten
thousand dollars ($10,000) for not more than two derivative
victims.

(B) The following persons may be reimbursed for the expense
of their outpatient mental health counseling in an amount not to
exceed five thousand dollars ($5,000):

(i) A derivative victim not eligible for reimbursement pursuant
to subparagraph (A), provided that mental health counseling of a
derivative victim described in paragraph (5) of subdivision (c) of
Section 13955, shall be reimbursed only if that counseling is
necessary for the treatment of the victim.

(ii) A victim of a crime of unlawful sexual intercourse with a
minor committed in violation of subdivision (d) of Section 261.5
of the Penal Code. A derivative victim of a crime committed in
violation of subdivision (d) of Section 261.5 of the Penal Code
shall not be eligible for reimbursement of mental health counseling
expenses.

(iii) A minor who suffers emotional injury as a direct result of
witnessing a violent crime and who is not eligible for
reimbursement of the costs of outpatient mental health counseling
under any other provision of this chapter. To be eligible for
reimbursement under this clause, the minor must have been in
close proximity to the victim when he or she witnessed the crime.

(C) The board may reimburse a victim or derivative victim for
outpatient mental health counseling in excess of that authorized
by subparagraph (A) or (B) or for inpatient psychiatric,
psychological, or other mental health counseling if the claim is
based on dire or exceptional circumstances that require more
extensive treatment, as approved by the board.

(D) Expenses for psychiatric, psychological, or other mental
health counseling-related services may be reimbursed only if the
services were provided by either of the following individuals:

(i) A person who would have been authorized to provide those
services pursuant to former Article 1 (commencing with Section
13959) as it read on January 1, 2002.

(ii) A person who is licensed by the state to provide those
services, or who is properly supervised by a person who is so
licensed, subject to the board’s approval and subject to the
limitations and restrictions the board may impose.

(3) Reimburse the expenses of nonmedical remedial care and
treatment rendered in accordance with a religious method of healing
recognized by state law.

(4) Subject to the limitations set forth in Section 13957.5,
authorize compensation equal to the loss of income or loss of
support, or both, that a victim or derivative victim incurs as a direct
result of the victim’s or derivative victim’s injury or the victim’s
death. If the victim or derivative victim requests that the board
give priority to reimbursement of loss of income or support, the
board may not pay medical expenses, or mental health counseling
expenses, except upon the request of the victim or derivative victim
or after determining that payment of these expenses will not
decrease the funds available for payment of loss of income or
support.

(5) Authorize a cash payment to or on behalf of the victim for
job retraining or similar employment-oriented services.

(6) Reimburse the claimant for the expense of installing or
increasing residential security, not to exceed one thousand dollars
($1,000). Reimbursement shall be made either upon verification
by law enforcement that the security measures are necessary for
the personal safety of the claimant or verification by a mental
health treatment provider that the security measures are necessary
for the emotional well-being of the claimant. 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. Installing or increasing residential security may include,
but need not be limited to, both of the following:

(A) Home security device or system.

(B) Replacing or increasing the number of locks.

(7) Reimburse the expense of renovating or retrofitting a
victim’s residence or a vehicle, or both, to make the residence, the
vehicle, or both, accessible or the vehicle operational by a victim
upon verification that the expense is medically necessary for a
victim who is permanently disabled as a direct result of the crime,
whether the disability is partial or total.

(8) (A) Authorize a cash payment or reimbursement not to
exceed two thousand dollars ($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.

(B) The cash payment or reimbursement made under this
paragraph shall only be awarded to one claimant per crime giving
rise to the relocation. The board 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 two thousand dollars ($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.

(C) The board may, under compelling circumstances, award a
second cash payment or reimbursement to a victim for another
crime if both of the following conditions are met:

(i) The crime occurs more than three years from the date of the
crime giving rise to the initial relocation cash payment or
reimbursement.

(ii) The crime does not involve the same offender.

(D) When a relocation payment or reimbursement is provided
to a victim of sexual assault or domestic violence and the identity
of the offender is known to the victim, the victim shall agree not
to inform the offender of the location of the victim’s new residence
and not to allow the offender on the premises at any time, or shall
agree to seek a restraining order against the offender.

(E) Notwithstanding subparagraphs (A) and (B), the board may
increase the cash payment or reimbursement for expenses incurred
in relocating to an amount greater than two thousand dollars
($2,000), if the board finds this amount is appropriate due to the
unusual, dire, or exceptional circumstances of a particular claim.

(9) When a victim dies as a result of a crime, the board may
reimburse any individual who voluntarily, and without anticipation
of personal gain, pays or assumes the obligation to pay any of the
following expenses:

(A) The medical expenses incurred as a direct result of the crime
in an amount not to exceed the rates or limitations established by
the board.

(B) The funeral and burial expenses incurred as a direct result
of the crime, not to exceed seven thousand five hundred dollars
($7,500).

(10) When the crime occurs in a residence, the board may
reimburse any individual who voluntarily, and without anticipation
of personal gain, pays or assumes the obligation to pay the
reasonable costs to clean the scene of the crime in an amount not
to exceed one thousand dollars ($1,000). Services reimbursed
pursuant to this subdivision shall be performed by persons
registered with the State Department of Public Health as trauma
scene waste practitioners in accordance with Chapter 9.5
(commencing with Section 118321) of Part 14 of Division 104 of
the Health and Safety Code.

(b) The total award to or on behalf of each victim or derivative
victim may not exceed thirty-five thousand dollars ($35,000),
except that this amount may be increased to seventy thousand
dollars ($70,000) if federal funds for that increase are available.

end delete