Amended in Assembly May 7, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 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 amended, 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.begin delete 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.end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 13963 of the Government Code is
2amended to read:

3

13963.  

(a) The board shall be subrogated to the rights of the
4recipient to the extent of any compensation granted by the board.
5The subrogation rights shall be against the perpetrator of the crime
6or any person liable for the losses suffered as a direct result of the
7crime which was the basis for receipt of compensation, including
8an insurer held liable in accordance with the provision of a policy
9of insurance issued pursuant to Section 11580.2 of the Insurance
10Code.

11(b) The board shall also be entitled to a lien on any judgment,
12award, or settlement in favor of or on behalf of the recipient for
13losses suffered as a direct result of the crime that was the basis for
14receipt of compensation in the amount of the compensation granted
15by the board. The board may recover this amount in a separate
16action, or may intervene in an action brought by or on behalf of
17the recipient. If a claim is filed within one year of the date of
18recovery, the board shall pay 25 percent of the amount of the
19recovery that is subject to a lien on the judgment, award, or
20settlement, to the recipient responsible for recovery thereof from
21the perpetrator of the crime, provided that the total amount of the
22lien is recovered. The remaining 75 percent of the amount, and
P3    1any amount not claimed within one year pursuant to this section,
2shall be deposited in the Restitution Fund.

3(c) The board may compromise or settle and release any lien
4pursuant to this chapter if it is found that the action is in the best
5interest of the state or the collection would cause undue hardship
6upon the recipient. Repayment obligations to the Restitution Fund
7shall be enforceable as a summary judgment.

8(d) No judgment, award, or settlement in any action or claim
9by a recipient, where the board has an interest, shall be satisfied
10without first giving the board notice and a reasonable opportunity
11to perfect and satisfy the lien. The notice shall be given to the
12board in Sacramento except in cases where the board specifies that
13the notice shall be given otherwise. The notice shall include the
14complete terms of the award, settlement, or judgment, and the
15name and address of any insurer directly or indirectly providing
16for the satisfaction.

17(e) (1) If the recipient brings an action or asserts a claim for
18damages against the person or persons liable for the injury or death
19giving rise to an award by the board under this chapter, notice of
20the institution of legal proceedings, notice of all hearings,
21conferences, and proceedings, and notice of settlement shall be
22 given to the board in Sacramento except in cases where the board
23specifies that notice shall be given to the Attorney General. Notice
24of the institution of legal proceedings shall be given to the board
25within 30 days of filing the action. All notices shall be given by
26the attorney employed to bring the action for damages or by the
27recipient if no attorney is employed.

28(2) Notice shall include all of the following:

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

30(B) The address of all parties to the claim or action except for
31those persons represented by attorneys and in that case the name
32of the party and the name and address of the attorney.

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

34(D) In the case of actions before courts or administrative
35agencies, the full title of the case including the identity of the court
36or agency, the names of the parties, and the case or docket number.

37(3) When the recipient or his or her attorney has reason to
38believe that a person from whom damages are sought is receiving
39a defense provided in whole or in part by an insurer, or is insured
40for the injury caused to the recipient, notice shall include a
P4    1statement of that fact and the name and address of the insurer.
2Upon request of the board, a person obligated to provide notice
3shall provide the board with a copy of the current written claim or
4complaint.

5(f) The board shall pay the county probation department or other
6county agency responsible for collection of funds owed to the
7Restitution Fund under Section 13967, as operative on or before
8September 28, 1994, Section 1202.4 of the Penal Code, Section
91203.04 of the Penal Code, as operative on or before August 2,
101995, or Section 730.6 of the Welfare and Institutions Code, 10
11percent of the funds so owed and collected by the county agency
12and deposited in the Restitution Fund. This payment shall be made
13only when the funds are deposited in the Restitution Fund within
1445 days of the end of the month in which the funds are collected.
15Receiving 10 percent of the moneys collected as being owed to
16the Restitution Fund shall be considered an incentive for collection
17efforts and shall be used for furthering these collection efforts.
18The 10-percent rebates shall be used to augment the budgets for
19the county agencies responsible for collection of funds owed to
20the Restitution Fund, as provided in Section 13967, as operative
21on or before September 28, 1994, Section 1202.4 of the Penal
22Code, Section 1203.04 of the Penal Code, operative on or before
23August 2, 1995, or Section 730.6 of the Welfare and Institutions
24Code. The 10-percent rebates shall not be used to supplant county
25funding.

26(g) In the event of judgment or award in a suit or claim against
27a third party or insurer, if the action or claim is prosecuted by the
28recipient alone, the court or agency shall first order paid from any
29judgment or award the reasonable litigation expenses incurred in
30preparation and prosecution of the action or claim, together with
31reasonable attorney’s fees when an attorney has been retained.
32After payment of the expenses and attorney’s fees, the court or
33agency shall, on the application of the board, allow as a lien against
34the amount of the judgment or award, the amount of the
35compensation granted by the board to the recipient for losses
36sustained as a result of the same incident upon which the
37settlement, award, or judgment is based.

38(h) For purposes of this section, “recipient” means any person
39who has received compensation or will be provided compensation
P5    1pursuant to this chapter, including the victim’s guardian,
2conservator or other personal representative, estate, and survivors.

3(i) begin deleteA end deletebegin insertIn accordance with subparagraph (B) of paragraph (4)
4of subdivision (f) of Section 1202.4 of the Penal Code, a end insert

5representative of the board may provide the probation department,
6district attorney, and court with information relevant to the board’s
7losses prior to the imposition of a sentence.

8

SEC. 2.  

Section 1191.15 of the Penal Code is amended to read:

9

1191.15.  

(a) The court may permit the victim of any crime,
10his or her parent or guardian if the victim is a minor,begin insert orend insert the next
11of kin of the victim if the victim has died,begin delete or a representative of
12the California Victim Compensation and Government Claims
13Board when enforcing its subrogation rights,end delete
to file with the court
14a written, audiotaped, or videotaped statement, or statement stored
15on a CD Rom, DVD, or any other recording medium acceptable
16to the court, expressing his or her views concerning the crime, the
17person responsible, and the need for restitution, in lieu of or in
18addition to the person personally appearing at the time of judgment
19and sentence. The court shall consider the statement filed with the
20court prior to imposing judgment and sentence.

21Whenever an audio or video statement or statement stored on a
22CD Rom, DVD, or other medium is filed with the court, a written
23transcript of the statement shall also be provided by the person
24filing the statement, and shall be made available as a public record
25of the court after the judgment and sentence have been imposed.

26(b) Whenever a written, audio, or video statement or statement
27stored on a CD Rom, DVD, or other medium is filed with the court,
28it shall remain sealed until the time set for imposition of judgment
29and sentence except that the court, the probation officer, and
30counsel for the parties may view and listen to the statement not
31more than two court days prior to the date set for imposition of
32judgment and sentence.

33(c) No person may, and no court shall, permit any person to
34duplicate, copy, or reproduce by any audio or visual means any
35statement submitted to the court under the provisions of this
36section.

37(d) Nothing in this section shall be construed to prohibit the
38prosecutor from representing to the court the views of the victim,
39his or her parent or guardian, the next of kin, or the California
40Victim Compensation and Government Claims Board.

P6    1(e) In the event the court permits an audio or video statement
2or statement stored on a CD Rom, DVD, or other medium to be
3filed, the court shall not be responsible for providing any equipment
4or resources needed to assist the victim in preparing the statement.

5

SEC. 3.  

Section 216 of the Probate Code is amended to read:

6

216.  

When a deceased person has an heir or beneficiary who
7isbegin delete or has ever beenend delete confined in a prison or facility under the
8jurisdiction of the Department of Corrections and Rehabilitation,
9or its Division of Juvenile Facilities, or confined in any county or
10city jail, road camp, industrial farm, or other local correctional
11facility,begin insert or whenend insert the estate attorney, or if there is no estate attorney,
12the beneficiary, the personal representative, or the person in
13possession of property of the decedentbegin insert knows, without conducting
14any investigation, that an heir or beneficiary has previously been
15so confined, that personend insert
shall give the Director of the California
16Victim Compensation and Government Claims Board notice of
17the decedent’s death not later than 90 days after the date of death.
18The notice shall be given as provided in Section 1215 and shall
19include all of the following:

20(a) The name, date of birth,begin insert andend insert location of incarceration,begin delete andend delete
21begin insert or end insertcurrent address if no longer incarcerated, of the decedent’s heir
22or beneficiary.

23(b) The heir’s or beneficiary’s CDCR number if incarcerated
24begin delete or previously incarceratedend delete in a Department of Corrections and
25Rehabilitation facility or booking number if incarceratedbegin delete or
26previously incarceratedend delete
in a county facility.

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

28(d) The probate case number, and the name of the superior court
29hearing the case.

30

SEC. 4.  

Section 9202 of the Probate Code is amended to read:

31

9202.  

(a) Not later than 90 days after the date letters are first
32issued to a general personal representative, the general personal
33representative or estate attorney shall give the Director of Health
34Care Services notice of the decedent’s death in the manner provided
35in Section 215 if the general personal representative knows or has
36reason to believe that the decedent received health care under
37Chapter 7 (commencing with Section 14000) or Chapter 8
38(commencing with Section 14200) of Part 3 of Division 9 of the
39Welfare and Institutions Code, or was the surviving spouse of a
P7    1person who received that health care. The director has four months
2after notice is given in which to file a claim.

3(b) Not later than 90 days after the date letters are first issued
4to a general personal representative, the general personal
5representative or estate attorney shall give the Director of the
6California Victim Compensation and Government Claims Board
7notice of the decedent’s death in the manner provided in Section
8216 if the general personal representative or estate attorney knows
9begin delete or has reason to believeend deletebegin insert without conducting any investigationend insert that
10an heir or beneficiary is or hasbegin delete everend deletebegin insert previously end insertbeen confined in a
11prison or facility under the jurisdiction of the Department of
12Corrections and Rehabilitation or confined in any county or city
13jail, road camp, industrial farm, or other local correctional facility.
14The director of the board shall have four months after that notice
15is received in which to pursue collection of any outstanding
16restitution fines or orders.begin delete A distribution shall not be made from
17the estate to the heir or beneficiary until after a restitution claim
18placed by the board has been satisfied.end delete

19(c) (1) Not later than 90 days after the date letters are first issued
20to a general personal representative, the general personal
21representative or estate attorney shall give the Franchise Tax Board
22notice of the administration of the estate. The notice shall be given
23as provided in Section 1215.

24(2) The provisions of this subdivision shall apply to estates for
25which letters are first issued on or after July 1, 2008.



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