AB 2264, as amended, Levine. Victim compensation: guide, signal, or service dogs.
Existing law provides for the compensation of victims and derivative victims of certain 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 establishes limits on the amount of compensation the board may award, and sets forth eligibility requirements for compensation, including, among others, that the victim or derivative victim suffer physical injury or emotional injury and a threat of physical injury, as specified.
Under existing law, it is an infraction or a misdemeanor for any person to permit any dog which is owned, harbored, or controlled by him or her to cause injury to or the death of any guide, signal, or service dog, as defined, while the guide, signal, or service dog is in discharge of its duties. Existing law makes any person who intentionally causes injury to or the death of any guide, signal, or service dog, as defined, while the dog is in discharge of its duties, guilty of a misdemeanor. Under existing law, if a defendant is convicted of either of these crimes, the defendant is required to make restitution to the person with the disability who has custody or ownership of the dog for any veterinary bills, replacement costs of the dog, or other reasonable costs deemed appropriate by the court if the dog is disabled or killed.
This bill would provide that
begin delete personsend delete with a disability whose guide, signal, or service dog is disabled or killed due to either of the crimes described above begin delete areend delete eligible for compensation from the Restitution begin delete Fund if the defendant is
unable to make restitution.end delete
By expanding the authorization for the use of moneys in the Restitution Fund, 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 13955 of the Government Code is
2amended to read:
Except as provided in Section 13956, a person shall be
4eligible for compensation when all of the following requirements
6(a) The person for whom compensation is being sought is any
7of the following:
8(1) A victim.
9(2) A derivative victim.
10(3) (A) A person who is entitled to reimbursement for funeral,
11burial, or crime scene cleanup expenses pursuant to paragraph (9)
12of subdivision (a) of Section 13957.
13(B) This paragraph applies
without respect to any felon status
14of the victim.
15(b) Either of the following conditions is met:
16(1) The crime occurred within this state, whether or not the
17victim is a resident of the state. This paragraph shall apply only
18during those time periods during which the board determines that
19federal funds are available to the state for the compensation of
20victims of crime.
P3 1(2) Whether or not the crime occurred within the State of
2California, the victim was any of the following:
3(A) A resident of the state.
4(B) A member of the military stationed in California.
5(C) A family member living with a member of the military
6stationed in this state.
7(c) If compensation is being sought for a derivative victim, the
8derivative victim is a resident of this state, or resident of another
9state, who is any of the following:
10(1) At the time of the crime was the parent, grandparent, sibling,
11spouse, child, or grandchild of the victim.
12(2) At the time of the crime was living in the household of the
14(3) At the time of the crime was a person who had previously
15lived in the household of the victim for a period of not less than
16two years in a relationship substantially similar to a relationship
17listed in paragraph (1).
18(4) Is another family member of the victim, including, but not
19limited to, the victim’s fiancé or fiancée, and who witnessed the
21(5) Is the primary caretaker of a minor victim, but was not the
22primary caretaker at the time of the crime.
23(d) The application is timely pursuant to Section 13953.
24(e) (1) Except as provided in paragraph (2), the injury or death
25was a direct result of a crime.
26(2) Notwithstanding paragraph (1), no act involving the
27operation of a motor vehicle, aircraft, or water vehicle that results
28in injury or death constitutes a crime for the purposes of this
29chapter, except when the injury or death from such an act was any
30of the following:
31(A) Intentionally inflicted through the use of a motor vehicle,
32aircraft, or water vehicle.
33(B) Caused by a driver who fails to stop at the scene of an
34accident in violation of Section 20001 of the Vehicle Code.
35(C) Caused by a person who is under the influence of any
36alcoholic beverage or drug.
37(D) Caused by a driver of a motor vehicle in the immediate act
38of fleeing the scene of a crime in which he or she knowingly and
P4 1(E) Caused by a person who commits vehicular manslaughter
2in violation of subdivision (b) of Section 191.5, subdivision (c) of
3Section 192, or Section 192.5 of the Penal Code.
4(F) Caused by any party where a peace officer is operating a
5motor vehicle in an effort to apprehend a suspect, and the suspect
6is evading, fleeing, or otherwise attempting to elude the peace
8(f) As a direct result of the crime, the victim or derivative victim
9sustained one or more of the following:
10(1) Physical injury. The board may presume a child who has
11been the witness of a crime of domestic violence has sustained
12physical injury. A child who resides in a home where a crime or
13crimes of domestic violence have occurred may be presumed by
14the board to have sustained physical injury, regardless of whether
15the child has witnessed the crime.
16(2) Emotional injury and a threat of physical injury.
17(3) Emotional injury, where the crime was a violation of any of
18the following provisions:
19(A) Section 236.1, 261, 262, 271, 273a, 273d, 285, 286, 288,
20288a, 288.5, or 289, or subdivision (b) or (c) of Section 311.4, of
21the Penal Code.
22(B) Section 270 of the Penal Code, where the emotional injury
23was a result of conduct other than a failure to pay child support,
24and criminal charges were filed.
25(C) Section 261.5 of the Penal Code, and criminal charges were
27(D) Section 278 or 278.5 of the Penal Code, where the
28deprivation of custody as described in those sections has endured
29for 30 calendar days or more. For purposes of this paragraph, the
30child, and not the nonoffending parent or other caretaker, shall be
31deemed the victim.
32(4) Injury to, or the death of, a guide, signal, or service dog, as
33defined in Section 54.1 of the Civil Code, as a result of a violation
34of Section 600.2 or 600.5 of the Penal Code.
begin delete This paragraph shall
35apply only if the defendant is unable to make restitution to the
36victim pursuant to Section 600.2 or 600.5 of the Penal Code.end delete
37(g) The injury or death has resulted or may
result in pecuniary
38loss within the scope of compensation pursuant to Sections 13957
39to 13957.7, inclusive.
Section 13957 of the Government Code is amended
(a) The board may grant for pecuniary loss, when the
4board determines it will best aid the person seeking compensation,
6(1) Subject to the limitations set forth in Section 13957.2,
7reimburse the amount of medical or medical-related expenses
8incurred by the victim, including, but not limited to, eyeglasses,
9hearing aids, dentures, or any prosthetic device taken, lost, or
10destroyed during the commission of the crime, or the use of which
11became necessary as a direct result of the crime.
12(2) Subject to the limitations set forth in Section 13957.2,
13reimburse the amount of outpatient psychiatric, psychological, or
14other mental health counseling-related expenses incurred by the
15victim or derivative victim, including peer counseling services
16provided by a rape crisis center as defined by Section 13837 of
17the Penal Code, and including family psychiatric, psychological,
18or mental health counseling for the successful treatment of the
19victim provided to family members of the victim in the presence
20of the victim, whether or not the family member relationship
21existed at the time of the crime, that became necessary as a direct
22result of the crime, subject to the following conditions:
23(A) The following persons may be reimbursed for the expense
24of their outpatient mental health counseling in an amount not to
25exceed ten thousand dollars ($10,000):
26(i) A victim.
27(ii) A derivative victim who is the surviving parent, sibling,
28child, spouse, fiancé, or fiancée of a victim of a crime that directly
29resulted in the death of the victim.
30(iii) A derivative victim, as described in paragraphs (1) to (4),
31inclusive, of subdivision (c) of Section 13955, who is the primary
32caretaker of a minor victim whose claim is not denied or reduced
33pursuant to Section 13956 in a total amount not to exceed ten
34thousand dollars ($10,000) for not more than two derivative
36(B) The following persons may be reimbursed for the expense
37of their outpatient mental health counseling in an amount not to
38exceed five thousand dollars ($5,000):
39(i) A derivative victim not eligible for reimbursement
40to subparagraph (A), provided that mental health counseling of a
P6 1derivative victim described in paragraph (5) of subdivision (c) of
2Section 13955, shall be reimbursed only if that counseling is
3necessary for the treatment of the victim.
4(ii) A victim of a crime of unlawful sexual intercourse with a
5minor committed in violation of subdivision (d) of Section 261.5
6of the Penal Code. A derivative victim of a crime committed in
7violation of subdivision (d) of Section 261.5 of the Penal Code
8shall not be eligible for reimbursement of mental health counseling
10(iii) A minor who suffers emotional injury as a direct result of
11witnessing a violent crime and who is not eligible for
12reimbursement of the costs of outpatient mental health counseling
13under any other provision of this chapter. To be eligible for
14reimbursement under this clause, the minor must have been in
15close proximity to the victim when he or she witnessed the crime.
16(C) The board may reimburse a victim or derivative victim for
17outpatient mental health counseling in excess of that authorized
18by subparagraph (A) or (B) or for inpatient psychiatric,
19psychological, or other mental health counseling if the claim is
20based on dire or exceptional circumstances that require more
21extensive treatment, as approved by the board.
22(D) Expenses for psychiatric, psychological, or other mental
23health counseling-related services may be reimbursed only if the
24services were provided by either of the following individuals:
25(i) A person
who would have been authorized to provide those
26services pursuant to former Article 1 (commencing with Section
2713959) as it read on January 1, 2002.
28(ii) A person who is licensed by the state to provide those
29services, or who is properly supervised by a person who is so
30licensed, subject to the board’s approval and subject to the
31limitations and restrictions the board may impose.
32(3) Reimburse the expenses of nonmedical remedial care and
33treatment rendered in accordance with a religious method of healing
34recognized by state law.
35(4) Subject to the limitations set forth in Section 13957.5,
36authorize compensation equal to the loss of income or loss of
37support, or both, that a victim or derivative victim incurs as a direct
38result of the victim’s or derivative victim’s injury or the victim’s
39death. If the victim or derivative victim requests that the board
40give priority to reimbursement of loss of income or support, the
P7 1board may not pay medical expenses, or mental health counseling
2expenses, except upon the request of the victim or derivative victim
3or after determining that payment of these expenses will not
4decrease the funds available for payment of loss of income or
6(5) Authorize a cash payment to or on behalf of the victim for
7job retraining or similar employment-oriented services.
8(6) Reimburse the claimant for the expense of installing or
9increasing residential security, not to exceed one thousand dollars
10($1,000). Reimbursement shall be made either upon verification
11by law enforcement that the security measures are necessary for
12the personal safety of the claimant or verification by a mental
13health treatment provider that the security measures are necessary
14for the emotional well-being of the claimant. For purposes of this
15paragraph, a claimant is the crime victim, or, if the victim is
16deceased, a person who resided with the deceased at the time of
17the crime. Installing or increasing residential security may include,
18but need not be limited to, both of the following:
19(A) Home security device or system.
20(B) Replacing or increasing the number of locks.
21(7) Reimburse the expense of renovating or retrofitting a
22victim’s residence or a vehicle, or both, to make the residence, the
23vehicle, or both, accessible or the vehicle operational by a victim
24upon verification that the expense is medically necessary for a
25victim who is permanently disabled as a direct result of the crime,
26whether the disability is partial or total.
27(8) (A) Authorize a cash payment or reimbursement not to
28exceed two thousand dollars ($2,000) to a victim for expenses
29incurred in relocating, if the expenses are determined by law
30enforcement to be necessary for the personal safety of the victim
31or by a mental health treatment provider to be necessary for the
32emotional well-being of the victim.
33(B) The cash payment or reimbursement made under this
34paragraph shall only be awarded to one claimant per crime giving
35rise to the relocation. The board may authorize more than one
36relocation per crime if necessary for the personal safety or
37emotional well-being of the claimant. However, the total cash
38payment or reimbursement for all relocations due to the same crime
39shall not exceed two thousand dollars ($2,000). For purposes of
40this paragraph a claimant is the crime victim, or, if the victim is
P8 1deceased, a person who resided with the deceased at the time of
3(C) The board may, under compelling circumstances, award a
4second cash payment or reimbursement to a victim for another
5crime if both of the following conditions are met:
6(i) The crime occurs more than three years from the date of the
7crime giving rise to the initial relocation cash payment or
9(ii) The crime does not involve the same offender.
10(D) When a relocation payment or reimbursement is provided
11to a victim of sexual assault or domestic violence and the identity
12of the offender is known to the victim, the victim shall agree not
13to inform the offender of the location of the victim’s new residence
14and not to allow the offender on the premises at any time, or shall
15agree to seek a restraining order against the offender.
16(E) Notwithstanding subparagraphs (A) and (B), the board may
17increase the cash payment or reimbursement for expenses incurred
18in relocating to an amount greater than two thousand dollars
19($2,000), if the board finds this amount is appropriate due to the
20unusual, dire, or exceptional circumstances of a particular claim.
21(9) When a
victim dies as a result of a crime, the board may
22reimburse any individual who voluntarily, and without anticipation
23of personal gain, pays or assumes the obligation to pay any of the
25(A) The medical expenses incurred as a direct result of the crime
26in an amount not to exceed the rates or limitations established by
28(B) The funeral and burial expenses incurred as a direct result
29of the crime, not to exceed seven thousand five hundred dollars
31(10) When the crime occurs in a residence, the board may
32reimburse any individual who voluntarily, and without anticipation
33of personal gain, pays or assumes the obligation to pay the
34reasonable costs to clean the scene of the crime in an amount not
35to exceed one thousand dollars ($1,000). Services reimbursed
36pursuant to this subdivision shall be performed by persons
37registered with the State Department of Public Health as trauma
38scene waste practitioners in accordance with Chapter 9.5
39(commencing with Section 118321) of Part 14 of Division 104 of
40the Health and Safety Code.
P9 1(11) When the crime is a violation of Section 600.2 or 600.5 of
2the Penal Code, reimburse the expense of veterinary
3services, replacement costs, or other reasonable expenses, as
4ordered by the court pursuant to Section 600.2 or 600.5 of the
begin delete This paragraph shall apply only if the defendant is
6unable to make restitution to the victim.end delete
7(b) The total award to or on behalf of each victim or derivative
8victim may not exceed thirty-five thousand dollars ($35,000),
9except that this amount may be increased to seventy thousand
10dollars ($70,000) if federal funds for that increase are available.
Section 600.2 of the Penal Code is amended to read:
(a) It is a crime for any person to permit any dog which
13is owned, harbored, or controlled by him or her to cause injury to
14or the death of any guide, signal, or service dog, as defined by
15Section 54.1 of the Civil Code, while the guide, signal, or service
16dog is in discharge of its duties.
17(b) A violation of this section is an infraction punishable by a
18fine not to exceed two hundred fifty dollars ($250) if the injury or
19death to any guide, signal, or service dog is caused by the person’s
20failure to exercise ordinary care in the control of his or her dog.
21(c) A violation of this section is a
misdemeanor if the injury or
22death to any guide, signal, or service dog is caused by the person’s
23reckless disregard in the exercise of control over his or her dog,
24under circumstances that constitute such a departure from the
25conduct of a reasonable person as to be incompatible with a proper
26regard for the safety and life of any guide, signal, or service dog.
27A violation of this subdivision shall be punishable by imprisonment
28in a county jail not exceeding one year, or by a fine of not less
29than two thousand five hundred dollars ($2,500) nor more than
30five thousand dollars ($5,000), or both. The court shall consider
31the costs ordered pursuant to subdivision (d) when determining
32the amount of any fines.
33(d) In any case in which a defendant is convicted of a violation
34of this section, the defendant shall be ordered to make restitution
35to the person with a disability who has custody or ownership of
36the guide, signal, or service dog for any veterinary bills and
37replacement costs of the dog if it is disabled or killed, or other
38reasonable costs deemed appropriate by the court. The costs
39ordered pursuant to this subdivision shall be paid prior to any fines.
begin delete If the defendant is unable to make restitution, theend delete person with
P10 1the disability may apply for compensation by the California Victim
2Compensation and Government Claims Board pursuant to Chapter
35 (commencing with Section 13950) of Part 4 of Division 3 of
4Title 2 of the Government Code.
Section 600.5 of the Penal Code is amended to read:
(a) Any person who intentionally causes injury to or
7the death of any guide, signal, or service dog, as defined by Section
854.1 of the Civil Code, while the dog is in discharge of its duties,
9is guilty of a misdemeanor, punishable by imprisonment in a county
10jail not exceeding one year, or by a fine not exceeding ten thousand
11dollars ($10,000), or by both a fine and imprisonment. The court
12shall consider the costs ordered pursuant to subdivision (b) when
13determining the amount of any fines.
14(b) In any case in which a defendant is convicted of a violation
15of this section, the defendant shall be ordered to make restitution
16to the person with a disability who has custody or ownership of
17the dog for any veterinary bills and replacement costs of the dog
18if it is disabled or killed, or other reasonable costs deemed
19appropriate by the court. The costs ordered pursuant to this
20subdivision shall be paid prior to any fines.
begin delete If the defendant is person with the disability may
21unable to make restitution, theend delete
22apply for compensation by the California Victim Compensation
23and Government Claims Board pursuant to Chapter 5 (commencing
24with Section 13950) of Part 4 of Division 3 of Title 2 of the