BILL ANALYSIS Ó AB 2545 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 2545 (Lowenthal) As Amended June 5, 2014 2/3 vote ----------------------------------------------------------------- |ASSEMBLY: |73-0 |(May 08, 2014) |SENATE: |36-0 |(August 18, | | | | | | |2014) | ----------------------------------------------------------------- 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 AB 2545 Page 2 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. AB 2545 Page 3 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; AB 2545 Page 4 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 Page 5