BILL ANALYSIS                                                                                                                                                                                                    Ó




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                                   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  








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          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  








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             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.








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           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.








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           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  








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             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









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          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,  








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            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


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