BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  AB 2545
          Author:   Lowenthal (D), et al.
          Amended:  6/5/14 in Senate
          Vote:     27

           
           SENATE PUBLIC SAFETY COMMITTEE  :  5-0, 6/17/14
          AYES:  Hancock, De León, Liu, Mitchell, Steinberg
          NO VOTE RECORDED: Anderson, Knight

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  73-0, 5/8/14 (Consent) - See last page for vote


           SUBJECT  :    Victims of crime: restitution: military sexual  
          assault

           SOURCE  :     California Coalition Against Sexual Assault


           DIGEST  :    This bill prohibits the denial of an application for  
          the California Victim Compensation Program (CalVCP) compensation  
          related to a sexual assault claim, committed by military  
          personnel against military personnel, solely because the sexual  
          assault was not reported to a superior officer or law  
          enforcement at the time of the crime; and provides factors that  
          the Victims Compensation and Government Claims Board (VCGCB)  
          shall consider for purposes of determining if a  
          military-on-military sexual assault claim qualifies for  
          compensation, as specified. 

           ANALYSIS  :    Existing law:
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           1. States that all persons who suffer losses as a result of  
             criminal activity shall have the right to restitution from  
             the perpetrators. 

           2. Requires the court, to order a criminal defendant to pay  
             both a restitution fine and restitution to the victim or  
             victims, if any, in addition to any other penalty provided or  
             imposed under the law. 

           3. Establishes VCGCB to operate CalVCP. 

           4. Provides than an application for compensation shall be filed  
             with VCGCB in the manner determined by the board.

           5. States that except as provided by specified sections of the  
             Government Code, a person shall be eligible for compensation  
             when all of the following requirements are met: 

             A.   The person form whom compensation is being sought any of  
               the following: 

               1)     A victim; 
               2)     A derivative victim; or 
               3)     A person who is entitled to reimbursement for  
                 funeral, burial or crime scene clean-up expenses pursuant  
                 to specified sections of the Government Code. 

             A.   Either of the following conditions is met: 

               1)     The crime occurred within California, whether or not  
                 the victim is a resident of California. This only applies  
                 when the VCGCB determines that there are federal funds  
                 available to the state for the compensation of crime  
                 victims; or 

               2)     Whether or not the crime occurred within the State  
                 of California, the victim was any of the following: 

                           A California resident. 
                           A member of the military stationed in  
                    California. 
                           A family member living with a member of the  
                    military stationed in California. 

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             A.   If compensation is being sought for derivative victim,  
               the derivative victim is a resident of California, or the  
               resident of another state who is any of the following: 

               1)     At the time of the crimes was the parent,  
                 grandparent, sibling, spouse, child or grandchild of the  
                 victim; 
               2)     At the time of the crime was living in the household  
                 of the victim; 
               3)     At the time of the crime was a person who had  
                 previously lived in the house of the victim for a person  
                 of not less than two years in a relationship  
                 substantially similar to a previously listed  
                 relationship; 
               4)     Another family member of the victim including, but  
                 not limited to, the victim's fianc or fiance, and who  
                 witnessed the crime; or 
               5)     Is the primary caretaker of a minor victim, but was  
                 not the primary caretaker at the time of the crime. 

             A.   And other specified requirements. 

           1. Authorizes VCGCB to reimburse for pecuniary loss for the  
             following types of losses: 

             A.   The amount of medical or medical-related expenses  
               incurred by the victim, subject to specified limitations; 

             B.   The amount of out-patient psychiatric, psychological or  
               other mental health counseling-related expenses incurred by  
               the victim, as specified, including peer counseling  
               services provided by a rape crisis center; 

             C.   The expenses of non-medical remedial care and treatment  
               rendered in accordance with a religious method of healing  
               recognized by state law; 

             D.   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 injury or the victim's  
               death, subject to specified limitations; 

             E.   Cash payment to, or on behalf of, the victim for job  

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               retraining or similar employment-oriented services; 

             F.   The expense of installing or increasing residential  
               security, not to exceed $1,000, with respect to a crime  
               that occurred in the victim's residence, upon verification  
               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; 

             G.   The expense of renovating or retrofitting a victim's  
               residence or a vehicle to make them accessible or  
               operational, if it is medically necessary; and 

             H.   Expenses incurred in relocating, as specified, if the  
               expenses are determined by law enforcement to be necessary  
               for the personal safety or by a mental health treatment  
               provider to be necessary for the emotional well-being of  
               the victim. 

           1. Limits the total award to or on behalf of each victim to  
             $35,000, except that this amount may be increased to $70,000  
             if federal funds for that increase are available. 

           2. States that an application shall be denied if VCGCB finds  
             that 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, VCGCB  
             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.

           3. Provides that an application for a claim based on domestic  
             violence may not be denied solely because no police report  
             was made by the victim.  VCGCB shall adopt guidelines that  
             allow the board to consider and approve applications for  
             assistance based on domestic violence relying upon evidence  

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             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.

           4. States that an application for a claim based on human  
             trafficking, as defined, of the Penal Code may not be denied  
             solely because no police report was made by the victim.   
             VCGCB 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, 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 was issued, as  
               specified; 

             B.   A human trafficking caseworker has attested by affidavit  
               that the individual was a victim of human trafficking. 

          This bill:

          1.Provides factors that the VCGCB to consider, for purposes of  
            determining if a claim qualifies for compensation include, but  
            are not limited to, the evidence of the following: 

             A.   Restricted or unrestricted reports to a military victim  
               advocate, sexual assault response coordinator, chaplain,  
               attorney, or other military personnel; 

             B.   Medical or physical evidence consistent with sexual  
               assault; 

             C.   A written or oral report from military law enforcement  
               or a civilian law enforcement agency concluding that a  
               sexual assault crime was committed against the victim; 

             D.   A letter or other written statement from a sexual  
               assault counselor, as specified, licensed therapist, or  

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               mental health counselor, stating that the victim is seeking  
               services related to the allegation of sexual assault; 

             E.   A credible witness to whom the victim disclosed the  
               details that a sexual assault crime occurred; 

             F.   A restraining order from a military or civilian court  
               against the perpetrator of the sexual assault; and, 

             G.   Other behavior by the victim consistent with sexual  
               assault. 

          1.Requires the sexual assault issue to have occurred during  
            military service, including deployment. 

          2.States the sexual assault may have been committed offbase. 

          3.Defines "perpetrator" as an individual who is any of the  
            following at the time of the sexual assault: 

             A.   An active duty military personnel from the United States  
               Army, Navy, Marine Corps, Air Force, or Coast Guard; 

             B.   A civilian employee of any military branch, as  
               specified, military base, or military deployment; 

             C.   A contractor or agent of a private military or private  
               security company; or, 

             D.   A member of the California National Guard. 

          1.Defines "sexual assault" to include rape, spousal rape,  
            penetration by a foreign object, sodomy, oral copulation, or  
            forcible acts of penetration, as specified. 

           Prior Legislation
           
          SB 618 (Leno, Chapter 800, Statutes of 2013) streamlines the  
          process for compensating persons who have been exonerated after  
          being wrongfully convicted and imprisoned. 

          AB 1270 (Torrico, 2009-10 Legislative Session) would have  
          required VCGCB to adopt written procedures and timeframes for  
          the timely processing of claims. AB 1270 was vetoed. 

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          AB 2809 (Leno, Chapter 587, Statutes of 2008) allowed a minor  
          who suffers emotional injury as a direct result of witnessing a  
          violent crime to be eligible for reimbursement for the costs of  
          outpatient mental health counseling if the minor was in close  
          proximity to the victim when he or she witnessed the crime.

          AB 2869 (Leno, Chapter 582, Statutes of 2006) specified that the  
          provisions authorizing reimbursement for funeral and burial  
          expenses under existing law apply without respect to any felon  
          status of the victim. 

          AB 2729 (Wesson, 2001-02 Legislative Session) would have  
          expanded mental health services to include reimbursement for  
          domestic violence peer counselors. AB 2729 was vetoed. 

          AB 606 (Jackson, Chapter 584, Statutes of 1999) authorized  
          reimbursement of services provided by child life specialists  
          under specified circumstances, and added benefits for  
          relocation, residential security, home and vehicle modification.  


          SB 1735 (Karnette, Chapter 629, Statutes of 2002) prohibited an  
          application for a claim based on domestic violence from being  
          denied solely because no police report was made by the victim.   
          SB 1735 required the board to 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 domestic violence crime has occurred. 

           FISCAL EFFECT  :    Appropriation:  Yes   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT :   (Verified  6/30/14)

          California Coalition Against Sexual Assault (source) 
          American Legion, Department of California
          AMVETS, Department of California
          California State Council
          Crime Victims Action Alliance 
          Military Officers Association of America, California Council of  
          Chapters
          National Association of Social Workers, California Chapter
          Veterans Caucus of the California Democratic Party

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          Veterans of Foreign Wars, Department of California
          Vietnam Veterans of California

           ARGUMENTS IN SUPPORT  :    California Coalition Against Sexual  
          Assault, the sponsor of this bill, states:  "According to a 2012  
          report by the Department of Defense Sexual Assault Prevention  
          and Response Office (SAPRO), sexual assaults in the military  
          have increased 34 percent.  This increase in prevalence is  
          complicated by a decrease in reporting due to perceived  
          professional, social, or administrative retaliation or reprisal  
          from official authorities.  In the absence of a police report,  
          survivors are unable to access Veterans benefits or other  
          necessary resources for counseling and medical services. 

          "AB 2545 prohibits the denial of an application for Victim's  
          Compensation with respect to a claim based on sexual assault  
          committed by military personnel, solely because the sexual  
          assault was not reported to a superior officer or law  
          enforcement at the time of the crime.  Under this bill, CalVCP  
          Board is required to consider other types of corroborating  
          evidence in order to determine if a claim qualifies for  
          compensation, including, but not limited to, a notarized report  
          from a sexual assault counselor or licensed therapist." 


           ASSEMBLY FLOOR  :  73-0, 5/8/14
          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,  
            Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian  
            Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,  
            Dababneh, Dahle, Daly, Dickinson, Donnelly, Fong, Fox,  
            Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,  
            Grove, Hagman, Harkey, Roger Hernández, Holden, Jones,  
            Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein,  
            Medina, Melendez, Mullin, Muratsuchi, Nazarian, Nestande,  
            Olsen, Pan, Patterson, Perea, Quirk, Quirk-Silva, Rendon,  
            Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner,  
            Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, John A.  
            Pérez
          NO VOTE RECORDED:  Eggman, Gorell, Gray, Hall, Mansoor, V.  
            Manuel Pérez, Vacancy


          JG:nl  7/1/14   Senate Floor Analyses 


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                           SUPPORT/OPPOSITION:  SEE ABOVE

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