BILL NUMBER: AB 1629 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 19, 2014
AMENDED IN ASSEMBLY MAY 23, 2014
INTRODUCED BY Assembly Member Bonta
(Coauthors: Assembly Members Garcia, Maienschein, V. Manuel Pérez,
Skinner, Ting, and Waldron)
FEBRUARY 10, 2014
An act to amend Sections 13951 and 13957
add and repeal Section 13957.9 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 , until January 1, 2017,
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:
SECTION 1. Section 13957.9 is added to the
Government Code , to read:
13957.9. (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.
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.