BILL ANALYSIS Ó
AB 2545
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CONCURRENCE IN SENATE AMENDMENTS
AB 2545 (Lowenthal)
As Amended June 5, 2014
2/3 vote
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|ASSEMBLY: |73-0 |(May 08, 2014) |SENATE: |36-0 |(August 18, |
| | | | | |2014) |
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Original Committee Reference: PUB. S.
SUMMARY : Prohibits the denial of an application for
compensation with respect to a claim based on sexual assault, as
defined, 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.
The Senate amendments delete the requirement for a notarized
report from a sexual assault counselor, licensed therapist, or
mental health counselor, stating that the victim is seeking
services related to the allegation of sexual assault, and
replaces it with a letter or other written statement from those
specified persons stating that the victim is seeking services
related to the allegation of sexual assault.
EXISTING LAW :
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 the California Victim Compensation and Government
Claims Board (VCGCB) to operate the California Victim
Compensation Program (CalVCP).
4)Provides than an application for compensation shall be filed
with VCGCB in the manner determined by the board.
5)States that an application shall be denied if VCGCB finds that
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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.
6)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 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.
7)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 VCGCB 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 VCGCB, including, but not limited to,
the following :
a) A Law Enforcement Agency Endorsement was issued, as
specified; and
b) A human trafficking caseworker has attested by affidavit
that the individual was a victim of human trafficking.
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AS PASSED BY THE ASSEMBLY , this bill:
1)Provided factors that VCGCB shall 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 notarized report from a sexual assault counselor, as
defined in Evidence Code Section 1035.2, licensed
therapist, or 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.
2)Required, for purposes of this subdivision, the sexual assault
at issue to have occurred during military service, including
deployment.
3)Stated, for purposes of this subdivision, the sexual assault
may have been committed off-base.
4)Defined "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;
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b) A civilian employee of any military branch specified
above, 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.
5)Defined "sexual assault" to include rape, spousal rape,
penetration by a foreign object, sodomy, oral copulation, or
forcible acts of penetration, as specified.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : According to the author, "While existing law requires
the California Victim Compensation Program Board to deny an
application if they find that the victim failed to cooperate
reasonably with a law enforcement agency in the apprehension and
conviction of a criminal committing the crime, it also specifies
that an application for compensation cannot be denied solely on
the basis of specified behavior by the victim, such as failure
to make a police report. These provisions exist for victims of
domestic violence and victims of human trafficking.
"AB 2545 seeks to allow military sexual assault survivors
similar considerations to those provided to victims of domestic
violence and human trafficking when they apply for restitution
with the California Victim Compensation Program. Under this
bill, a notarized report from a sexual assault counselor or
licensed therapist, could be considered as part of the evidence
used to support a claim for restitution."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744
FN: 0004209
AB 2545
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