BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1140|
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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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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
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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.
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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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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
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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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