BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1563


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          1563 (Rodriguez)


          As Amended  May 24, 2016


          Majority vote


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          |ASSEMBLY:  | 76-0 | (April 14,    |SENATE: | 37-0 |(June 30, 2016)  |
          |           |      |2016)          |        |      |                 |
          |           |      |               |        |      |                 |
          |           |      |               |        |      |                 |
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          Original Committee Reference:  PUB. S.


          SUMMARY:  Establishes a six-month deadline for the Victim  
          Compensation and Government Claims Board to respond to an appeal  
          by a crime victim who has had an application for compensation  
          denied.  Specifically, this bill:  


          1)Requires the board to evaluate an appeal for reconsideration  
            of compensation within six months of the date the board  
            receives the application, unless it determines that there was  
            insufficient information to make a decision. 
          2)Provides that if the board determines that there was  
            insufficient information to make a decision, it shall notify  
            the applicant in writing within six months of the date the  
            appeal was received.


          The Senate amendments make technical, non-substantive changes.









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          EXISTING LAW:  


          1)Establishes the board to operate the California Victim's  
            Compensation Program (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; or,


               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 board determines that there are federal  
                 funds available to the state for the compensation of  
                 crime victims; or 
               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; or


                  (3)       A family member living with a member of the  








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                    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 any 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; or  


               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)Authorizes the board to reimburse for pecuniary loss for  
            specified types of losses, including medical expenses,  
            mental-health counseling, loss of income or loss of support,  
            and installing or increasing residential security.  
          5)Requires the board to approve or deny applications, based on  
            recommendations by the board staff, within an average of 90  
            calendar days and no later than 180 calendar days of  
            acceptance by the board.  


          6)Requires the board to grant a hearing to an applicant who  
            contests a staff recommendation to deny compensation in whole  








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            or in part.  


          7)States that at such a hearing, the person seeking compensation  
            shall have the burden of establishing, by a preponderance of  
            the evidence, the elements for eligibility.  


          8)Establishes protocols for reconsideration hearings, and  
            specifies that they are informal and not subject technical  
            rules of evidence.  


          9)Requires the board's post-hearing decision to be in writing.   
            A copy of the decision must be personally delivered to the  
            applicant or his or her representative, or sent by mail.  


          10)Allows the board to order a reconsideration of all or part of  
            a decision on written request of the applicant.  The board may  
            not grant more than one request for reconsideration with  
            respect to any one decision on an application for  
            compensation.  


          11)Prohibits the board from considering any request for  
            reconsideration if the request is filed with the board more  
            than 30 calendar days after the personal delivery or 60  
            calendar days after the mailing of the original decision. 


          12)Permits judicial review of a final decision of the board by  
            filing a petition for writ of mandate.


          AS PASSED BY THE ASSEMBLY, this bill established a six-month  
          deadline for the Victim Compensation and Government Claims Board  
          to respond to an appeal by a crime victim who has had an  
          application for compensation denied.


          FISCAL EFFECT:  According to the Senate Appropriations  








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          Committee, pursuant to Senate Rule 28.8 negligible state costs.


          COMMENTS:  According to the author, "Victims of crime often  
          suffer long-term after a criminal offense has taken place, and  
          without adequate treatment or services, are likely to become  
          re-victimized.  In the past, the Victim's Compensation Program  
          has demonstrated a lack of management of appeals cases, leaving  
          many victims waiting for answers and footing the bill for  
          services that could have been compensated earlier and more  
          efficiently.  AB 1563 seeks to address this problem by making  
          sure the Board makes a decision on an appeal within six months  
          of receiving an application and informing an applicant if  
          anything is missing from their application.  This measure will  
          ensure that victim applicants are not waiting indefinitely for a  
          response, and have a fair opportunity to submit information that  
          would complete their applications.  This will allow victims to  
          successfully move on with their lives with the treatment and  
          services they need."


          Analysis Prepared by:                                             
                          Sandy Uribe / PUB. S. / (916) 319-3744  FN:  
          0003646