BILL ANALYSIS Ó
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THIRD READING
Bill No: SB 60
Author: Wright (D), et al.
Amended: 5/28/13
Vote: 27
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/2/13
AYES: Hancock, Anderson, Block, De León, Knight, Liu, Steinberg
SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/23/13
AYES: De León, Walters, Gaines, Hill, Lara, Padilla, Steinberg
SUBJECT : Crime victims: human trafficking
SOURCE : California Commission on Aging
DIGEST : This bill expands eligibility for compensation from
the Victim Compensation Program (CalVCP) to victims who have
suffered emotional injury resulting from the crime of human
trafficking.
ANALYSIS :
Existing law:
1.Includes the Victims of Crime Program, administered by the
California Victim Compensation and Government Claims Board
(VCGCB), to reimburse victims of crime for the pecuniary
losses they suffer as a direct result of criminal acts.
Indemnification is made from the Restitution Fund, which is
continuously appropriated to the VCGCB for these purposes.
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2.Provides that the VCGCB may grant a crime victim's claim for
pecuniary loss for specified purposes.
This bill expands eligibility for compensation from CalVCP to
victims who have suffered emotional injury resulting from the
crime of human trafficking.
Background
The CalVCP which is administered by the VCGCB, provides
compensation for victims and derivative victims (including
spouses, domestic partners, children, parents, legal guardians,
siblings, grandparents, and grandchildren) who suffer physical
or emotional injury, or the threat of physical injury, as a
direct result of a violent crime. Crimes covered by the program
include domestic violence, child abuse, sexual and physical
assault, homicide, human trafficking, robbery, and vehicular
manslaughter.
Subject to specified eligibility criteria, CalVCP compensates
eligible victims for various crime-related expenses that are not
covered by other sources. Services covered include medical and
dental care, mental health services, income loss, funeral
expenses, home security, rehabilitation and relocation. Funding
for the program is provided by the Restitution Fund, which
derives its revenue from restitution fines and orders, diversion
fees, and penalty assessments levied on persons convicted of
crimes and traffic offenses. CalVCP also receives federal grant
monies from the Victims of Crime Act (VOCA) funds. VOCA funds
come from penalties paid by offenders convicted of federal
crimes.
Related Legislation
SB 1299 (Wright, Chapter 870, Statutes of 2012), extended the
time period allowed for victims of a crime to file an
application for compensation for crime-related expenses from one
year to three years. This bill made other changes to the CalVCP
including but not limited to modifying the reasons for good
cause and authorizing social workers to represent a child or an
elder abuse victim if unable to file on his/her own behalf.
This bill's provisions became effective January 1, 2013.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
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Local: No
According to the Senate Appropriations Committee analysis:
Potential increase in program payments to human
trafficking victims of up to $100,000 (Restitution Fund)
per year, based on an increase of 40 additional approved
applications per year at an average claim payment of $2,500
per victim.
One-time costs to VCGCB for resource needs, potentially
in excess of $250,000 (Restitution Fund) for programming
changes necessary to the automated claims processing
system. Ongoing increased administrative workload for
claims processing of increased applications.
Significant future increases in annual federal VOCA
grant funds (Federal) of 60% reimbursement for state funds
used to compensate victims. As VOCA grant awards are based
on prior years of state expenditures, the potential
increases to the VOCA grant award would not be received
until 2016-17.
SUPPORT : (Verified 5/28/13)
California Commission on Aging (source)
AARP
AFSCME
Alzheimer's Association
Area Agency on Aging Advisory Council for San Luis Obispo and
Santa Barbara
Counties
Association of California Caregiver Resource Centers
Association of Regional Center Agencies
California Advocates for Nursing Home Reform
California Alliance for Retired Americans
California Association for Health Services at Home
California Association of Area Agencies on Aging
California Commission on Aging
California Crime Victims Assistance Association.
California Long-Term Care Ombudsman Association
California Partnership to End Domestic Violence
California Police Chiefs' Association
California School Employees Association
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California Senior Legislature
California Victims Compensation Fund
California Welfare Directors Association
Congress of California Seniors
Consumer Federation of California
County of Alameda District Attorney, Nancy E. O'Malley
El Monte Meals on Wheels
El Monte Parks, Recreation and Community Services Department
El Monte Senior Presidents' Council
Elder Financial Protection Network Institute on Aging
Institute on Aging
League of California Cities
Office of the State Long-Term Care Ombudsman
Senior Community Centers
Ventura County Board of Supervisors
WISE & HEALTHY Aging Long-Term Care Ombudsman and Elder Abuse
Prevention Programs
JG:ej 5/28/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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