BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      AB 1140


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          ASSEMBLY THIRD READING


          AB  
          1140 (Bonta)


          As Amended  May 28, 2015


          2/3 vote


           ------------------------------------------------------------------- 
          |Committee       |Votes |Ayes                |Noes                  |
          |                |      |                    |                      |
          |                |      |                    |                      |
          |----------------+------+--------------------+----------------------|
          |Public Safety   |7-0   |Quirk, Melendez,    |                      |
          |                |      |                    |                      |
          |                |      |                    |                      |
          |                |      |Jones-Sawyer,       |                      |
          |                |      |Lackey, Low,        |                      |
          |                |      |Santiago, Weber     |                      |
          |                |      |                    |                      |
          |----------------+------+--------------------+----------------------|
          |Appropriations  |17-0  |Gomez, Bigelow,     |                      |
          |                |      |Bonta, Calderon,    |                      |
          |                |      |Chang, Daly,        |                      |
          |                |      |Eggman, Gallagher,  |                      |
          |                |      |                    |                      |
          |                |      |                    |                      |
          |                |      |Eduardo Garcia,     |                      |
          |                |      |Gordon, Holden,     |                      |
          |                |      |Jones, Quirk,       |                      |
          |                |      |Rendon, Wagner,     |                      |
          |                |      |Weber, Wood         |                      |
          |                |      |                    |                      |
          |                |      |                    |                      |








                                                                      AB 1140


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          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;
             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  








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            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  
               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  








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









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          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  








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            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.


          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)Increases the rate of compensation for a wrongfully convicted  
            person from $100 per day to $130 per day.








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          30)Makes technical, non-substantive changes.





          EXISTING LAW:  


          1)Establishes the Victim Compensation and Government Claims Board  
            (VCGCB) to operate the CalVCP.  
          2)Provides than an application for compensation shall be filed  
            with the board in the manner determined by the board.  


          3)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:
               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. 








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               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 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.  
          4)States that an application shall be denied if the board finds  








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            that the victim failed to reasonably cooperate with law  
            enforcement in prosecution of the crime.  
          5)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.  


          6)Authorizes the board to reimburse for pecuniary loss for the  
            following types of losses:


             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.


             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  








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               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.


          7)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.  
          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, three areas have fiscal implications:


          1)Cooperation with Law Enforcement.  The CalVCP 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 payment of $2,250 per  
            application, the total payment increase would be approximately  
            $50,000 per year.










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          3)Applicants with Felon Status.  The CalVCP 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.


          4)Per Day Indemnification.  Increased cost to the CalVCP in the  
            range of $500,000 to increase the per day cost from $100 to  
            $130. 


          COMMENTS:  According to the author, "The California Victim  
          Compensation and Government Claims Board administers the 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 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  








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          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."




          Analysis Prepared by:                                               
                          Sandy Uribe / PUB. S. / (916) 319-3744  FN:  
          0000739