BILL ANALYSIS Ó
AB 1140
Page 1
ASSEMBLY THIRD READING
AB
1140 (Bonta)
As Amended May 28, 2015
2/3 vote
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|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