BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1140


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          Date of Hearing:  May 13, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          1140 (Bonta) - As Amended May 4, 2015


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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          No


          SUMMARY:


          This bill revises various rules governing the California Victim  
          Compensation Program (CalVCP).  Some examples include:  









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          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 very specific  
            circumstances.

          3)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.

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

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

          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;








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


          6)States that if the board finds that the victim or derivative  
            victim was involved in events leading to the crime, specifies  
            factors that may be used to mitigate or overcome involvement.

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

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

          FISCAL EFFECT:


          Three areas have fiscal implications:


             1)   Cooperation with Law Enforcement.  The Program currently  
               denies approximately 400 applications based on domestic  
               violence and 100 based on sexual assault per year due to  
               lack of cooperation with law enforcement.  If half of these  
               applicants were made eligible by the changes in denial due  
               to lack of cooperation with law enforcement, at an average  
               payment of $2,250 per application, the total payment  
               increase would be approximately $550,000 per year.



             2)   Denial Due to Participation in a Crime.  Approximately  
               45 applicants per year are denied due to participation in a  
               crime. If half of these applicants were made eligible by  
               the change in denial due to participation at an average  








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               payment of $2,250 per application, the total payment  
               increase would be approximately $50,000 per year.



             3)   Applicants with Felon Status.  The Program has denied  
               reimbursement of expenses to approximately 90 applicants  
               per year due to their felon status.  If half of these  
               applicants were made eligible by the allowance of payments  
               to non-violent felons at an average payment of $2,250 per  
               application, the total payment increase would be  
               approximately $100,000 per year.
          COMMENTS:


          1)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.  

          2)Purpose.  According to the author, ""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 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  








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            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."

          3)Argument in Opposition:  According to the California District  
            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."

            Staff notes that Public Safety Committee did not address the  
            concerns raised by the opposition. 














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          Analysis Prepared by:Pedro R. Reyes / APPR. / (916)  
          319-2081