BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 2545| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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: CONTINUED AB 2545 Page 2 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. CONTINUED AB 2545 Page 3 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 CONTINUED AB 2545 Page 4 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 CONTINUED AB 2545 Page 5 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 CONTINUED AB 2545 Page 6 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. CONTINUED AB 2545 Page 7 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 CONTINUED AB 2545 Page 8 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 CONTINUED AB 2545 Page 9 SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED