BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1140


                                                                    Page  1


          Date of Hearing:  April 28, 2015
          Counsel:               Sandra Uribe

                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY


                                  Bill Quirk, Chair





          AB  
                        1140 (Bonta) - As Amended  April 22, 2015


                       As Proposed to be Amended in Committee


          SUMMARY:  Revises various rules governing the California Victim  
          Compensation Program (CalVCP).  Specifically, this bill:  

          1)Expands the definition of a victim's "authorized  
            representative" to include any person having written  
            authorization by the victim or derivative victim, or any  
            person designated by law such as a legal guardian,  
            conservator, or social worker; but excluding any medical or  
            mental health provider, or its agent, who has provided  
            services to the victim or derivative victim.  

          2)Provides that an applicant may be found to have been  
            "uncooperative" for purposes of verifying information  
            necessary to process a claim under the following  
            circumstances:

             a)   He or she has information, or reasonably-obtainable  
               information, that is needed to process the claim but fails  
               to do so after the board requests it.  However, The board  
               must take the applicant's economic, psycho-social, and  
               post-crime traumatic circumstances under consideration, and  
               cannot unreasonably reject an application solely for  
               failure to provide information;








                                                                    AB 1140


                                                                    Page  2



             b)   He or she provides false information regarding the  
               claim, or causes another person to do so;

             c)   He or she refuses to apply for benefits from other  
               sources to which he or she may be entitled, such as  
               worker's compensation, social security, state disability  
               insurance or unemployment insurance; or,

             d)   He or she threatens a board member or staff with  
               violence or bodily harm.

          3)Authorizes compensation for a victim's emotional injury  
            incurred as a direct result of the nonconsensual distribution  
            of pictures or video of sexual conduct in which the victim  
            appeared, if the victim is a minor.  But disallows  
            compensation for derivative victims.

          4)Revises provisions allowing compensation for emotional injury  
            suffered in child abduction cases to delete the requirement  
            that the deprivation of custody lasted for 30 calendar days,  
            and instead requires only that criminal charges be filed in  
            the case.

          5)Authorizes denial of a claim, in whole or in part, if the  
            board finds that denial is appropriate because of the nature  
            of the applicant's involvement in the events leading to the  
            crime, or the involvement of the person whose injury or death  
            gave rise to the claim. This limitation does not apply if the  
            victim's injury or death occurred as a direct result of the  
            crimes of rape, spousal rape, domestic violence, or unlawful  
            sexual intercourse with a minor.

          6)States that factors to be considered for determining  
            involvement in the crime include, but are not limited to:

             a)   The victim or derivative victim initiated the qualifying  
               crime, or provoked or aggravated the suspect into  
               initiating the qualifying crime;

             b)   The qualifying crime was a reasonably foreseeable  
               consequence of the conduct of the victim or derivative  








                                                                    AB 1140


                                                                    Page  3


               victim; and,

             c)   The victim or derivative victim was committing a crime  
               that could be charged as a felony and that reasonably lead  
               to him or her being victimized.

          7)States that if the board finds that the victim or derivative  
            victim was involved in events leading to the crime, factors  
            that may be used to mitigate or overcome involvement, include,  
            but are not limited to:

             a)   The victim's injuries were significantly more serious  
               than reasonably could have been expected based on the  
               victim's level of involvement;

             b)   A third party interfered in a manner not reasonably  
               foreseeable by the victim or derivative victim; and, 

             c)   The victim's age, physical condition, and psychological  
               state, as well as any compelling health and safety  
               concerns.

          8)Prohibits a domestic violence victim from being found to be  
            uncooperative based on his or her conduct with law enforcement  
            at the scene of a crime.

          9)Prohibits a victim of domestic violence, sexual assault, or  
            human trafficking from being found to be uncooperative because  
            of a delay in reporting the crime.

          10)Prohibits the denial of an application for a claim arising  
            from a sexual assault based solely on the failure to file a  
            police report.

          11)Requires the board to adopt guidelines allowing it to  
            consider and approve applications for assistance in sexual  
            assault cases by relying upon evidence other than a police  
            report.  Factors evidencing a sexual assault has occurred, may  
            include medical records, mental health records, and a sexual  
            assault examination.

          12)Denies compensation to any person convicted of a violent  








                                                                    AB 1140


                                                                    Page  4


            felony, as specified, until that person is no longer  
            incarcerated and discharged from parole, probation,  
            post-release community supervision, or mandatory supervision.

          13)Denies compensation to any person who is required to register  
            as a sex offender.

          14)Removes current provisions which prioritize the applications  
            of victims who are not felons.

          15)Removes limits for statutory rape counseling.

          16)Expands eligibility to recoup the costs of mental health  
            counseling to grandparents and grandchildren.

          17)Limits reimbursement for medically-related expenses to those  
            that were provided by a licensed medical provider.

          18)Eliminates the board's authority to reimburse for expenses of  
            nonmedical remedial care and treatment given in accordance  
            with a religious method of healing recognized under state law.

          19)Eliminates verification requirements for reimbursement of  
            increased residential-security measures.

          20)Allows reimbursement for the purchase of a vehicle for a  
            victim who becomes permanently disabled.

          21)Specifies that, as to reimbursement of costs for a victim's  
            relocation, the victim may be required to repay the  
            reimbursement if the victim notifies the perpetrator of his or  
            her new address or allows the offender on the premises.   
            Additionally, if a security deposit is required for relocation  
            services, the board shall be named as the recipient of the  
            security deposit.

          22)Expands reimbursement to cover clean up expenses when the  
            crime scene is a vehicle. 

          23)Allows the board to request verification before it reimburses  
            for attorney's fees.









                                                                    AB 1140


                                                                    Page  5


          24)Permits an applicant who seeks a hearing on the denial of  
            compensation to request a telephonic hearing.

          25)Provides that evidence submitted after the board has denied a  
            request for reconsideration shall not be considered unless the  
            board chooses to reconsider the decision on its own motion.

          26)Requires any board actions to collect overpayments be  
            commenced within seven years of the date of the overpayment,  
            except there is no statute of limitation for the action if  
            overpayment was a result of fraud, misrepresentation or  
            willful non-disclosure of the applicant.

          27)Authorizes the recipient of an alleged overpayment to contest  
            that finding.

          28)Provides that the board need only forward restitution  
            proceeds collected from a prisoner or parolee to a victim when  
            the payment is $25 or more, unless the victim requests  
            payments of a lesser amount.

          29)Makes technical, non-substantive changes.

          


          EXISTING LAW:  

          30)Establishes the Victim Compensation and Government Claims  
            Board (VCGCB) to operate the CalVCP.  (Gov. Code, § 13950 et.  
            seq.)  

          31)Provides than an application for compensation shall be filed  
            with the board in the manner determined by the board.  (Gov.  
            Code, § 13952, subd.(a).)

          32)States that, except as provided by specified sections of the  
            Government Code, a person shall be eligible for compensation  
            when all of the following requirements are met:

             a)   The person form whom compensation is being sought any of  
               the following:








                                                                    AB 1140


                                                                    Page  6



               i)     A victim.

               ii)    A derivative victim.

               iii)    A person who is entitled to reimbursement for  
                 funeral, burial or crime scene clean-up expenses pursuant  
                 to specified sections of the Government Code.

             b)   Either of the following conditions is met:

               i)     The crime occurred within California, whether or not  
                 the victim is a resident of California.  This only  
                 applies when the VCGCB determines that there are federal  
                 funds available to the state for the compensation of  
                 crime victims. 

               ii)    Whether or not the crime occurred within the State  
                 of California, the victim was any of the following:

                  (1)       A California resident.  

                  (2)       A member of the military stationed in  
                    California.

                  (3)       A family member living with a member of the  
                    military stationed in California.  

             c)   If compensation is being sought for derivative victim,  
               the derivative victim is a resident of California, or the  
               resident of another state who is any of the following:

               i)     At the time of the crimes was the parent,  
                 grandparent, sibling, spouse, child or grandchild of the  
                 victim.  

               ii)    At the time of the crime was living in the household  
                 of the victim.  

               iii)   At the time of the crime was a person who had  
                 previously lived in the house of the victim for a person  
                 of not less than two years in a relationship  








                                                                    AB 1140


                                                                    Page  7


                 substantially similar to a previously listed  
                 relationship.  

               iv)    Another family member of the victim including, but  
                 not limited to, the victim's fiancé or fiancée, and who  
                 witnessed the crime.  

               v)     Is the primary caretaker of a minor victim, but was  
                 not the primary caretaker at the time of the crime.

             d)   And other specified requirements.  (Gov. Code, § 13955.)

          33)States that an application shall be denied if the board finds  
            that the victim failed to reasonably cooperate with law  
            enforcement in prosecution of the crime.  (Gov. Code, § 13956,  
            subd. (b)(1).)

          34)Disqualifies certain individuals from eligibility, including  
            a participant in the crime for which compensation is being  
            sought, and persons convicted of a felony who are currently on  
            probation or parole.  (Gov. Code, § 13956.)

          35)Authorizes the board to reimburse for pecuniary loss for the  
            following types of losses (Gov. Code, § 13957, subd. (a)):

             a)   The amount of medical or medical-related expenses  
               incurred by the victim, subject to specified limitations.

             b)   The amount of out-patient psychiatric, psychological or  
               other mental health counseling-related expenses incurred by  
               the victim, as specified, including peer counseling  
               services provided by a rape crisis center.

             c)   The expenses of non-medical remedial care and treatment  
               rendered in accordance with a religious method of healing  
               recognized by state law.

             d)   Compensation equal to the loss of income or loss of  
               support, or both, that a victim or derivative victim incurs  
               as a direct result of the victim's injury or the victim's  
               death, subject to specified limitations.









                                                                    AB 1140


                                                                    Page  8


             e)   Cash payment to, or on behalf of, the victim for job  
               retraining or similar employment-oriented services.

             f)   The expense of installing or increasing residential  
               security, not to exceed $1,000, with respect to a crime  
               that occurred in the victim's residence, upon verification  
               by law enforcement to be necessary for the personal safety  
               of the victim or by a mental health treatment provider to  
               be necessary for the emotional well-being of the victim.

             g)   The expense of renovating or retrofitting a victim's  
               residence or a vehicle to make them accessible or  
               operational, if it is medically necessary.

             h)   Expenses incurred in relocating, as specified, if the  
               expenses are determined by law enforcement to be necessary  
               for the personal safety or by a mental health treatment  
               provider to be necessary for the emotional well-being of  
               the victim.

          36)Limits the total award to or on behalf of each victim to  
            $35,000, except that this amount may be increased to $70,000  
            if federal funds for that increase are available.  (Gov. Code,  
            § 13957, subd. (b).)

          FISCAL EFFECT:  Unknown

          COMMENTS:  

          1)Author's Statement:  According to the author, "The California  
            Victim Compensation and Government Claims Board administers  
            the California Victim Compensation Program (CalVCP) and is  
            authorized to compensate victims and derivative victims of  
            specified types of crimes through a continuously appropriated  
            fund, the Restitution Fund. Existing law sets forth the  
            eligibility requirements and limits on the amount of  
            compensation the CalVCP may award. The CalVCP framework was  
            developed several decades ago and has not been thoroughly  
            revised since that time.

          "To address ongoing issues with outdated restrictions and the  
            need to modernize the program to reflect changing technologies  








                                                                    AB 1140


                                                                    Page  9


            and crimes, the CalVCP conducted a Statute Modernization  
            Project, bringing various stakeholder groups together to make  
            recommendations on revising and updating the state  
            compensation program to better serve victims.

          "AB 1140 would implement many of the recommendations made by the  
            CalVCP Statute Modernization Project to modernize the existing  
            statutes.  For example, current law restricts compensation of  
            victims of domestic violence if the victim fails to cooperate  
            with law enforcement or report the assault in a timely  
            fashion. AB 1140 would update that law to comport with current  
            understandings of domestic violence and the many reasons a  
            victim may fail to immediately report or cooperate.  Current  
            law also restricts compensation to persons on probation or  
            parole and those who have participated in a crime that  
            resulted in their injuries. AB 1140 would delete those  
            restrictions and allow compensation unless the person is on  
            probation or parole for a violent crime or is a sex offender  
            and allow compensation to those who participated in a crime  
            unless the crime was a felony.

          "The bill would also make a number of other improvements to  
            address emerging issues in law. For example, the bill would  
            include online harassment as a compensable crime and also  
            allow compensation to a minor who sustains emotional injury as  
            a direct result of the distribution of pictures or video of  
            sexual conduct."

          2)Background:  CalVCP provides compensation for victims of  
            violent crime.  It reimburses eligible victims for many  
            crime-related expenses, such as medical treatment, mental  
            health services, funeral expenses, home security, and  
            relocation services.  Funding for the board comes from  
            restitution fines and penalty assessments paid by criminal  
            offenders, as well as federal matching funds.  (See CVGCB  
            Website <  http://www.vcgcb.ca.gov/board  >.) 

          3)Governor's Budget Proposal: "The Governor's budget for 2015-16  
            proposes to reorganize VCGCB beginning in 2016-17.  The  
            proposed change would result in the board having primarily  
            victim programs to administer, as opposed to its current role  
            which includes responsibility for certain non-victim  








                                                                    AB 1140


                                                                    Page  10


            programs."  (See The 2015-16 Budget:  Improving State Programs  
            for Crime Victims, by J. Peters, Legislative Analyst's Office,  
            March 18, 2015, p. 3,  
            <  http://www.lao.ca.gov/reports/2015/budget/crime-victims/crime- 
            victims-031815.pdf  >.)  The budget proposes $105 million,  
            primarily from the Restitution Fund, and federal funds, which  
            is a decrease of $14 million from the levels provided in  
            2014-15.  (Id. at p. 6.)

          4)Legislative Analyst's Office (LAO) Report:  The LAO's March  
            2015 report, Improving State Programs for Crime Victims, made  
            several recommendations.  The LAO agreed with the Governor's  
            proposal to restructure the VCGCB to focus solely on  
            administering victim programs, and shifting victim programs  
            administered by other departments to the VCGCB.  The LOA also  
            found that the board needs to develop a comprehensive  
            strategy, which among other things should assess the  
            appropriate number, scope, and priority of the state's  
            existing programs, as well as conducting periodic program  
            evaluations to see which victim programs are most effective  
            and should be expanded in the future.  (Improving State  
            Programs for Crime Victims, supra, pp. 18-20, <  
             http://www.lao.ca.gov/reports/2015/budget/crime-victims/crime-v 
            ictims-031815.pdf  >.)

          5)Argument in Support:  According to the Alameda County District  
            Attorney, "As you may know, the California Victim Compensation  
            and Government Claims Board administers the California Victim  
            Compensation Program (CalVCP), which compensates victims and  
            derivate victims of specified types of crimes through a  
            continuously appropriated fund, the Restitution fund.  To  
            address ongoing issues with outdated restrictions and the need  
            to modernize the program to reflect changing technologies and  
            crimes, the CalVCP conducted a Statute Modernization Project,  
            bringing various stakeholder groups together to make  
            recommendations on revising and updating the state  
            compensation program to better serve victims.

            "AB 1140 implements the recommendations made by the CalVCP  
            Modernization Project."

          6)Argument in Opposition:  According to the California District  








                                                                    AB 1140


                                                                    Page  11


            Attorneys Association, "Section 5 of the bill (on p. 19)  
            amends Government Code section 13957(a)(1) to provide for  
            reimbursement only for medical or medical-related expenses  
            incurred by the victim for services that were provided by a  
            licensed medical provider.

          "This is directly contrary to established law.  In People v.  
            Keichler (2005) 129 Cal.App.4th 1039, the 3rd District Court  
            of Appeal upheld compensation for Laotian Hill Tribe assault  
            victims who paid for a shaman's spirit healing ceremony,  
            rather than incur Western medical expenses, after a full trial  
            hearing including expert testimony on the value of such a  
            ceremony. ?

          "Finally, we ask that language be added to the bill to require  
            that any compensation received by a supervised felon first be  
            applied to any victim restitution, fines, and fees that they  
            owe in the case for which they are being supervised."

          7)Related Legislation:  SB 519 (Hancock) expands eligibility for  
            compensation for crime victims to include counseling to a  
            person who is an adult witness of a crime. The bill would also  
            expand eligibility for compensation for mental health services  
            and relocation benefits to a person who is 65 years of age or  
            older and sustained financial exploitation by a relative or  
            caretaker, if there is a reasonable fear of continued  
            exploitation.  SB 519 is pending hearing in the Senate Public  
            Safety Committee.

          8)Prior Legislation:  

             a)   AB 2809 (Leno), Chapter 587, Statutes of 2008, allowed a  
               minor who suffers emotional injury as a direct result of  
               witnessing a violent crime to be eligible for reimbursement  
               for the costs of outpatient mental health counseling if the  
               minor was in close proximity to the victim when he or she  
               witnessed the crime

             b)   AB 2869 (Leno), Chapter 582, Statutes of 2006, specified  
               that the provisions authorizing reimbursement for funeral  
               and burial expenses under existing law apply without  
               respect to any felon status of the victim.








                                                                    AB 1140


                                                                    Page  12



             c)   AB 2729 (Wesson), of the 2001-2002 Legislative Session,  
               would have expanded mental health services to include  
               reimbursement for domestic violence peer counselors.  AB  
               2729 was vetoed.

             d)   AB 606 (Jackson) Chapter 584, Statutes of 1999,  
               authorized reimbursement of services provided by child life  
               specialists under specified circumstances, and added  
               benefits for relocation, residential security, home and  
               vehicle modification.

          REGISTERED SUPPORT / OPPOSITION:
          
          Support

          Alameda County District Attorney
          Alliance for Boys and Men of Color
          Legal Services for Prisoners with Children
          Policy Link

          Opposition
          
          California District Attorneys Association
          California Public Defenders Association


          Analysis Prepared  
          by:              Sandy Uribe / PUB. S. / (916) 319-3744