California Legislature—2013–14 Regular Session

Assembly Bill No. 2685

Introduced by Assembly Member Cooley

February 21, 2014

An act to amend Section 13963 of the Government Code, to amend Section 1191.15 of the Penal Code, and to amend Sections 216 and 9202 of the Probate Code, relating to crime victims.

LEGISLATIVE COUNSEL’S DIGEST

AB 2685, as introduced, Cooley. Crime Victim Compensation and Government Claims Board.

(1) Existing law provides for the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation and Government Claims Board from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of those crimes. Existing law requires the board to be subrogated against the perpetrator of the crime to the rights of a recipient to the extent of any compensation granted. Existing law authorizes a court to allow a victim, or others related to the victim, as specified, to submit a statement to the court concerning the crime, the person responsible, and the need for restitution.

This bill would allow a representative of the board to provide the probation department, district attorney, and court with information relevant to the board’s losses prior to the imposition of a sentence, as provided.

(2) Existing law requires that when a deceased person has an heir who is confined in a correctional facility, the estate attorney or other specified person give the director of the board notice of the decedent’s death within 90 days of the death and include specified information about the incarcerated heir. Existing law requires the general personal representative or the estate attorney of a decedent’s estate to provide notices of the decedent’s death to the director of the board, no later than 90 days after the date letters of administration are first issued if the representative or attorney knows or has reason to believe that an heir is incarcerated in a prison, jail, or other specified state or local correctional facility.

This bill would expand these provisions to apply to a beneficiary, as well as an heir. This bill would prohibit a distribution from being made from the estate to the heir or beneficiary until after a restitution claim placed by the board has been satisfied.

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 13963 of the Government Code is
amended to read:

13963.  

(a) The board shall be subrogated to the rights of the
recipient to the extent of any compensation granted by the board.
The subrogation rights shall be against the perpetrator of the crime
or any person liable for the losses suffered as a direct result of the
crime which was the basis for receipt of compensation, including
an insurer held liable in accordance with the provision of a policy
of insurance issued pursuant to Section 11580.2 of the Insurance
Code.

(b) The board shall also be entitled to a lien on any judgment,
award, or settlement in favor of or on behalf of the recipient for
losses suffered as a direct result of the crime that was the basis for
receipt of compensation in the amount of the compensation granted
by the board. The board may recover this amount in a separate
action, or may intervene in an action brought by or on behalf of
the recipient. If a claim is filed within one year of the date of
recovery, the board shall pay 25 percent of the amount of the
recovery that is subject to a lien on the judgment, award, or
settlement, to the recipient responsible for recovery thereof from
the perpetrator of the crime, provided that the total amount of the
lien is recovered. The remaining 75 percent of the amount, and
any amount not claimed within one year pursuant to this section,
shall be deposited in the Restitution Fund.

(c) The board may compromise or settle and release any lien
pursuant to this chapter if it is found that the action is in the best
interest of the state or the collection would cause undue hardship
upon the recipient. Repayment obligations to the Restitution Fund
shall be enforceable as a summary judgment.

(d) No judgment, award, or settlement in any action or claim
by a recipient, where the board has an interest, shall be satisfied
without first giving the board notice and a reasonable opportunity
to perfect and satisfy the lien. The notice shall be given to the
board in Sacramento except in cases where the board specifies that
the notice shall be given otherwise. The notice shall include the
complete terms of the award, settlement, or judgment, and the
name and address of any insurer directly or indirectly providing
for the satisfaction.

(e) (1) If the recipient brings an action or asserts a claim for
damages against the person or persons liable for the injury or death
giving rise to an award by the board under this chapter, notice of
the institution of legal proceedings, notice of all hearings,
conferences, and proceedings, and notice of settlement shall be
given to the board in Sacramento except in cases where the board
specifies that notice shall be given to the Attorney General. Notice
of the institution of legal proceedings shall be given to the board
within 30 days of filing the action. All notices shall be given by
the attorney employed to bring the action for damages or by the
recipient if no attorney is employed.

(2) Notice shall include all of the following:

(A) Names of all parties to the claim or action.

(B) The address of all parties to the claim or action except for
those persons represented by attorneys and in that case the name
of the party and the name and address of the attorney.

(C) The nature of the claim asserted or action brought.

(D) In the case of actions before courts or administrative
agencies, the full title of the case including the identity of the court
or agency, the names of the parties, and the case or docket number.

(3) When the recipient or his or her attorney has reason to
believe that a person from whom damages are sought is receiving
a defense provided in whole or in part by an insurer, or is insured
for the injury caused to the recipient, notice shall include a
statement of that fact and the name and address of the insurer.
Upon request of the board, a person obligated to provide notice
shall provide the board with a copy of the current written claim or
complaint.

(f) The board shall pay the county probation department or other
county agency responsible for collection of funds owed to the
Restitution Fund under Section 13967, as operative on or before
September 28, 1994, Section 1202.4 of the Penal Code, Section
1203.04 of the Penal Code, as operative on or before August 2,
1995, or Section 730.6 of the Welfare and Institutions Code, 10
percent of the funds so owed and collected by the county agency
and deposited in the Restitution Fund. This payment shall be made
only when the funds are deposited in the Restitution Fund within
45 days of the end of the month in which the funds are collected.
Receiving 10 percent of the moneys collected as being owed to
the Restitution Fund shall be considered an incentive for collection
efforts and shall be used for furthering these collection efforts.
The 10-percent rebates shall be used to augment the budgets for
the county agencies responsible for collection of funds owed to
the Restitution Fund, as provided in Section 13967, as operative
on or before September 28, 1994, Section 1202.4 of the Penal
Code, Section 1203.04 of the Penal Code, operative on or before
August 2, 1995, or Section 730.6 of the Welfare and Institutions
Code. The 10-percent rebates shall not be used to supplant county
funding.

(g) In the event of judgment or award in a suit or claim against
a third party or insurer, if the action or claim is prosecuted by the
recipient alone, the court or agency shall first order paid from any
judgment or award the reasonable litigation expenses incurred in
preparation and prosecution of the action or claim, together with
reasonable attorney’s fees when an attorney has been retained.
After payment of the expenses and attorney’s fees, the court or
agency shall, on the application of the board, allow as a lien against
the amount of the judgment or award, the amount of the
compensation granted by the board to the recipient for losses
sustained as a result of the same incident upon which the
settlement, award, or judgment is based.

(h) For purposes of this section, “recipient” means any person
who has received compensation or will be provided compensation
pursuant to this chapter, including the victim’s guardian,
conservator or other personal representative, estate, and survivors.

begin insert

(i) A representative of the board may provide the probation
department, district attorney, and court with information relevant
to the board’s losses prior to the imposition of a sentence.

end insert

SEC. 2.  

Section 1191.15 of the Penal Code is amended to read:

1191.15.  

(a) The court may permit the victim of any crime,
begin delete or end delete his or her parent or guardian if the victim is a minor, begin delete or end delete the next
of kin of the victim if the victim has died, begin insert or a representative of
the California Victim Compensation and Government Claims
Board when enforcing its subrogation rights, end insert to file with the court
a written, audiotaped, or videotaped statement, or statement stored
on a CD Rom, DVD, or any other recording medium acceptable
to the court, expressing his or her views concerning the crime, the
person responsible, and the need for restitution, in lieu of or in
addition to the person personally appearing at the time of judgment
and sentence. The court shall consider the statement filed with the
court prior to imposing judgment and sentence.

Whenever an audio or video statement or statement stored on a
CD Rom, DVD, or other medium is filed with the court, a written
transcript of the statement shall also be provided by the person
filing the statement, and shall be made available as a public record
of the court after the judgment and sentence have been imposed.

(b) Whenever a written, audio, or video statement or statement
stored on a CD Rom, DVD, or other medium is filed with the court,
it shall remain sealed until the time set for imposition of judgment
and sentence except that the court, the probation officer, and
counsel for the parties may view and listen to the statement not
more than two court days prior to the date set for imposition of
judgment and sentence.

(c) No person may, and no court shall, permit any person to
duplicate, copy, or reproduce by any audio or visual means any
statement submitted to the court under the provisions of this
section.

(d) Nothing in this section shall be construed to prohibit the
prosecutor from representing to the court the views of the victim
begin delete or end delete begin insert , end insert his or her parent or guardian begin delete or end delete begin insert , end insert the next of kin begin insert , or the
California Victim Compensation and Government Claims Board end insert .

(e) In the event the court permits an audio or video statement
or statement stored on a CD Rom, DVD, or other medium to be
filed, the court shall not be responsible for providing any equipment
or resources needed to assist the victim in preparing the statement.

SEC. 3.  

Section 216 of the Probate Code is amended to read:

216.  

When a deceased person has an heir begin insert or beneficiary end insert who
is begin insert or has ever been end insert confined in a prison or facility under the
jurisdiction of the Department of Corrections and Rehabilitation,
or its Division of Juvenile Facilities, or confined in any county or
city jail, road camp, industrial farm, or other local correctional
facility, the estate attorney, or if there is no estate attorney, the
beneficiary, the personal representative, or the person in possession
of property of the decedent shall give the Director of the California
Victim Compensation and Government Claims Board notice of
the decedent’s death not later than 90 days after the date of death.
The notice shall be given as provided in Section 1215 and shall
include all of the following:

(a) The name, date of birth, begin delete and end delete location of incarceration begin insert , and
current address if no longer incarcerated, end insert of the decedent’s heir
begin insert or beneficiary end insert .

(b) The heir’s begin insert or beneficiary’s end insert CDCR number if incarcerated
begin insert or previously incarcerated end insert in a Department of Corrections and
Rehabilitation facility or booking number if incarcerated begin insert or
previously incarcerated end insert in a county facility.

(c) A copy of the decedent’s death certificate.

(d) The probate case number, and the name of the superior court
hearing the case.

SEC. 4.  

Section 9202 of the Probate Code is amended to read:

9202.  

(a) Not later than 90 days after the date letters are first
issued to a general personal representative, the general personal
representative or estate attorney shall give the Director of Health
Care Services notice of the decedent’s death in the manner provided
in Section 215 if the general personal representative knows or has
reason to believe that the decedent received health care under
Chapter 7 (commencing with Section 14000) or Chapter 8
(commencing with Section 14200) of Part 3 of Division 9 of the
Welfare and Institutions Code, or was the surviving spouse of a
person who received that health care. The director has four months
after notice is given in which to file a claim.

(b) Not later than 90 days after the date letters are first issued
to a general personal representative, the general personal
representative or estate attorney shall give the Director of the
California Victim Compensation and Government Claims Board
notice of the decedent’s death in the manner provided in Section
216 if the general personal representative or estate attorney knows
or has reason to believe that an heir begin insert or beneficiary end insert is begin insert or has ever
been end insert confined in a prison or facility under the jurisdiction of the
Department of Corrections and Rehabilitation or confined in any
county or city jail, road camp, industrial farm, or other local
correctional facility. The director of the board shall have four
months after that notice is received in which to pursue collection
of any outstanding restitution fines or orders. begin insert A distribution shall
not be made from the estate to the heir or beneficiary until after
a restitution claim placed by the board has been satisfied. end insert

(c) (1) Not later than 90 days after the date letters are first issued
to a general personal representative, the general personal
representative or estate attorney shall give the Franchise Tax Board
notice of the administration of the estate. The notice shall be given
as provided in Section 1215.

(2) The provisions of this subdivision shall apply to estates for
which letters are first issued on or after July 1, 2008.