BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 1140| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 1140 Author: Bonta (D) Amended: 8/31/15 in Senate Vote: 27 SENATE PUBLIC SAFETY COMMITTEE: 7-0, 7/14/15 AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/27/15 AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen ASSEMBLY FLOOR: 79-0, 6/3/15 - See last page for vote SUBJECT: California Victim Compensation and Government Claims BoardCalifornia Victim Compensation and Government Claims Board. SOURCE: Victims Compensation and Government Claims Board DIGEST: This bill expands the definition of a victims representative; revises standards for involvement in a crime and for cooperation with the Victims Compensation and Government Claims Board (VCGCB or board) in various circumstances; authorizes compensation for non-consensual distribution of sexual images of minors, electronic harassment, vehicle purchase by disabled victims and cleaning of a vehicle that was the scene of a crime; expands eligibility for derivative and child abduction victims; revises rules for claims by convicted felons and denies compensation to sex offenders; requires that medical care be provided by a licensed professional; eliminates religious healing compensation; allows telephonic appeals; authorizes repayment of relocation expenses if the victim allows the offender on the premises; authorizes verification of legal services; requires collection of overpayments within seven AB 1140 Page 2 years, except for fraud; limits consideration of evidence after denial of a request for reconsideration; and provides that restitution in an amount below $25 need not be forwarded to a victim, unless the victim so requests. ANALYSIS: Existing law: 1) Establishes the VCGCB to operate the California Victim Compensation Program (CalVCP). (Gov. Code §§ 13950 et. seq.) 2) Provides than an application for compensation shall be filed with VCGCB in the manner determined by the board. (Gov. Code § 13952, subd.(a).) 3) States that except as provided by specified sections of the Government Code, victim of a violent crime, as defined shall be eligible for compensation when specified requirements are met. (Gov. Code § 13955) 4) Authorizes VCGCB to reimburse for specified medical, counseling, income losses and authorizes payment for job training, security measures and change of residence, as specified. (Gov. Code § 13957, subd. (a)) 5) 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).) 6) States that an application shall be denied if VCGCB finds that the victim or derivative victim failed to cooperate reasonably with law enforcement, with allowances for cases where a victim feared retaliation and with consideration of other relevant psychological and cultural factors. (Gov. Code § 13956.) 7) Provides that a victim of violent crime who has been convicted of a felony may not receive compensation until released from parole or probation. Victims who are not AB 1140 Page 3 felons have priority for compensation ahead of felons. (Gov. Code § 13956, subd. (d).) 8) Provides that the board may deny a claim in whole or part if the claimant, or the victim of the crime for which a derivative victims seeks compensation, was involved in the events leading to the crime for which compensation is sought. (Gov. Code § 13956, subd. (c).) 9) Provides that the board shall approve or deny applications within an average of 90 calendar days and no later than 180 from "of acceptance" of the application, and requires the board to report to the Legislature on this issue. 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, as specified. 2) Provides that an applicant may be found to have been "uncooperative" for purposes of verifying information necessary to process a claim under specified circumstances. 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. 4) Revises provisions allowing compensation for emotional injury suffered in child abduction delete the requirement that the deprivation of custody lasted for 30 days, and instead requires only that criminal charges be filed. 5) Revises provisions concerning denial of a claim 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, with exceptions to such denials in cases of rape, spousal rape, domestic violence, or unlawful sexual intercourse with a minor. AB 1140 Page 4 6) Specifies factors that may be used to mitigate or overcome involvement in the events leading to a crime. 7) 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. 8) 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. 9) Prohibits the denial of a claim arising from a sexual assault based solely on the failure to file a police report. 10)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. 11)Denies compensation to any person convicted of a violent felony, as specified, until that person is no longer incarcerated and discharged from supervision. 12)Denies compensation to any person who is required to register as a sex offender. 13)Removes current provisions which prioritize the applications of victims who are not felons. 14)Removes limits for statutory rape counseling. 15)Expands eligibility to recoup the costs of mental health counseling to grandparents and grandchildren. 16)Limits reimbursement for medically-related expenses to those that were provided by a licensed medical provider. 17)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. AB 1140 Page 5 18)Prohibits reimbursement for peer counseling if the services can only be provided by a licensed professional. 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. 22)Provides that if a security deposit is required for relocation services, the board shall be named as the recipient of the security deposit. 23)Expands reimbursement to cover cleaning expenses when the crime scene is a vehicle. 24)Prohibits the board from creating or complying with a regulation or policy that mandates a lower maximum potential amount of an award of less than $7,500 for funeral and burial expenses. 25)Allows the board to request verification before it reimburses for attorney's fees. 26)Permits an applicant who seeks a hearing on the denial of compensation to request a telephonic hearing. 27)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. 28)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 AB 1140 Page 6 willful non-disclosure of the applicant. 29)Authorizes the recipient of an alleged overpayment to contest that finding. 30)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. 31)Prohibits the board from requiring an applicant to submit tax and related documents in conjunction with an application, but allows the board to use such material to verify the amount paid to a victim. 32)Requires the board to provide application materials in a number of specified languages and requires the board to communicate with a victim in the language the victim uses in submitting an application. 33)Requires the board to allow a victim to have a support animal while testifying. 34)Allows a victim to testify in a criminal restitution hearing by live audio or audiovisual means, as specified. Background The CalVCP has been the subject of review and criticism for some time. The Legislative Analyst's Office has also reported extensively on the board. In 2008, the State Auditor recommended numerous changes and improvements to the program. The board did address a number of the issues raised by the auditor. However, many issues remained unresolved through this year. This bill is the board's effort to make comprehensive changes in the program. Numerous stakeholders have engaged with the author and the board as this bill moved through the Legislature. FISCAL EFFECT: Appropriation: Yes Fiscal Com.:YesLocal: Yes AB 1140 Page 7 According to the Senate Appropriations Committee: Significant increase in CalVCP payments potentially in excess of $800,000 annually due to expanded and revised eligibility criteria, most significantly due to the changes in eligibility criteria related to lack of cooperation with law enforcement. One-time costs to the Board for resource needs potentially in excess of $150,000 for programming changes necessary to the automated claims processing system. Ongoing increased administrative workload for claims processing of increased applications. Potential future increases in annual federal Victims of Crime Act (VOCA) grant funds of 60 percent reimbursement for state funds used to compensate victims to the extent the annual cap on VOCA fund obligations is adequately raised or removed. Additionally, VOCA grant awards are based on state expenditures from prior years, so any potential increases to the VOCA grant award would not be received until 2018-19 at the earliest. SUPPORT: (Verified8/28/15) Victims Compensation and Government Claims Board (source) Alameda County District Attorney Alliance for Boys and Men of Color Legal Services for Prisoners with Children Policy Link OPPOSITION: (Verified8/28/15) None received ASSEMBLY FLOOR: 79-0, 6/3/15 AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, AB 1140 Page 8 Gordon, Gray, Grove, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins NO VOTE RECORDED: Hadley Prepared by:Jerome McGuire / PUB. S. / 8/31/15 17:14:28 **** END ****