BILL NUMBER: AB 2489	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Lowenthal

                        FEBRUARY 21, 2014

   An act to amend Section 13957.7 of the Government Code, relating
to victims of crime.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2489, as introduced, Lowenthal. Victims of crimes.
   Existing law provides for the indemnification of victims of
specified types of crimes by the California Victim Compensation and
Government Claims Board.
   Existing law requires the board to pay attorney's fees
representing the reasonable value of legal services rendered to the
applicant, in an amount equal to 10% of the amount of the award, or
$500, whichever is less, for each victim and each derivative victim,
as specified. Existing law provides that an attorney receiving fees
from another source may waive the right to receive these fees.
   This bill, for each victim and derivative victim, would pay
attorney's fees of 10% of the award or $100, whichever is less, for
applications that are approved, 10% of the award or $200, whichever
is less, for applications that are denied but later approved during
the appeal process but before an oral hearing, and $75 per hour up to
$500, for applications that are denied, appealed, and the attorney
represents the claimant at the oral hearing.
   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 13957.7 of the Government Code is amended to
read:
   13957.7.  (a) No reimbursement may be made for any expense that is
submitted more than three years after it is incurred by the victim
or derivative victim. However, reimbursement may be made for an
expense submitted more than three years after the date it is incurred
if the victim or derivative victim has affirmed the debt and is
liable for the debt at the time the expense is submitted for
reimbursement, or has paid the expense as a direct result of a crime
for which a timely application has been filed or has paid the expense
as a direct result of a crime for which an application has been
filed and approved.
   (b) Compensation made pursuant to this chapter may be on a
one-time or periodic basis. If periodic, the board may increase,
reduce, or terminate the amount of compensation according to the
applicant's need, subject to the maximum limits provided in this
chapter.
   (c) (1) The board may authorize direct payment to a provider of
services that are reimbursable pursuant to this chapter and may make
those payments prior to verification. However, the board may not,
without good cause, authorize a direct payment to a provider over the
objection of the victim or derivative victim.
   (2) Reimbursement on the initial claim for any psychological,
psychiatric, or mental health counseling services shall, if the
application has been approved, be paid by the board within 90 days of
the date of receipt of the claim for payment, with subsequent
payments to be made to the provider within one month of the receipt
of a claim for payment.
   (d) Payments for peer counseling services provided by a rape
crisis center may not exceed fifteen dollars ($15) for each hour of
services provided. Those services shall be limited to in-person
counseling for a period not to exceed 10 weeks plus one series of
facilitated support group counseling sessions.
   (e) The board shall develop procedures to ensure that a victim is
using compensation for job retraining or relocation only for its
intended purposes. The procedures may include, but need not be
limited to, requiring copies of receipts, agreements, or other
documents as requested, or developing a method for direct payment.
   (f) Compensation granted pursuant to this chapter shall not
disqualify an otherwise eligible applicant from participation in any
other public assistance program.
   (g)  (1)    The board shall pay attorney's fees
representing the reasonable value of legal services rendered to the
applicant, in  an amount equal to 10 percent of the amount of
the award, or   the following amounts: 
    (A)     For applications that are approved
by the board without an appeal being filed, 10 percent of the amount
of the award, or one hundred dollars ($100), whichever is less, for
each victim and each derivative victim. 
    (B)     For applications that are denied by
the board, but later approved during the appeal process, but prior
to an oral hearing, 10 percent of the amount of the award, or two
hundred dollars ($200), whichever is less, for each victim and each
derivative victim. 
    (C)     For applications that are denied by
the board, appealed, and the attorney appears at the oral hearing to
represent the claimant, seventy-five dollars ($75) per hour, up to a
maximum of  five hundred dollars ($500),  whichever is
less,  for each victim and each derivative victim. 
An attorney 
    (2)     An Attorney   
receiving fees from another source may waive the right to receive
fees under this subdivision. Payments under this subdivision shall be
in addition to any amount authorized or ordered under subdivision
(b) of Section 13960.  An 
    (3)     An  attorney may not charge,
demand, receive, or collect any amount for services rendered in
connection with any proceedings under this chapter except as awarded
under this chapter.
   (h) A private nonprofit agency shall be reimbursed for its
services at the level of the normal and customary fee charged by the
private nonprofit agency to clients with adequate means of payment
for its services, except that this reimbursement may not exceed the
maximum reimbursement rates set by the board and may be made only to
the extent that the victim otherwise qualifies for compensation under
this chapter and that other reimbursement or direct subsidies are
not available to serve the victim.