AB 2160, as introduced, Bonta. Crime victims: compensation for pecuniary loss.
Existing law governs the procedure by which crime victims may obtain compensation from the Restitution Fund, a continuously appropriated fund. Existing law establishes eligibility for compensation when prescribed requirements are met and authorizes the California Victim Compensation and Government Claims Board to grant compensation from the fund for pecuniary loss when the board determines it will best aid the person seeking compensation, including expenses for psychiatric, psychological, or other mental health counseling-related services if the services were provided by specific individuals. Existing law establishes requirements and sets specific monetary caps for certain payments or reimbursements relating to relocation. Existing law governs the award of compensation by the board for loss of income and support.
This bill would expand eligibility for compensation to include a victim or derivative victim that sustained emotional injury as a direct result of specific crimes relating to obscene matter. The bill would authorize the grant of compensation for expenses for psychiatric, psychological, or other mental health counseling-related services if the services were provided by a person who is licensed by the state to provide those services, or who is properly supervised by a person who is so licensed, subject to the board’s approval and subject to limitations and restrictions as imposed by the board. The bill would revise eligibility for relocation reimbursement or payments and increase monetary caps. The bill would revise those loss of income and support provisions to additionally authorize the grant of compensation for specific costs incurred by victims.
By expanding the authorizations for use of moneys in the Restitution Fund, a continuously appropriated fund, this bill would make an appropriation.
Vote: 2⁄3. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 13955 of the Government Code is
2amended to read:
Except as provided in Section 13956, a person shall be
4eligible for compensation when all of the following requirements
6(a) The person for whom compensation is being sought is any
7of the following:
8(1) A victim.
9(2) A derivative victim.
10(3) (A) A person who is entitled to reimbursement for funeral,
11burial, or crime scene cleanup expenses pursuant to paragraph (9)
begin delete or (10)end delete
of subdivision (a) of Section 13957.
13(B) This paragraph applies without respect to any felon status
14of the victim.
15(b) Either of the following conditions is met:
16(1) The crime occurred in California. This paragraph shall apply
17only during those time periods during which the board determines
18that federal funds are available to the state for the compensation
19of victims of crime.
20(2) Whether or not the crime occurred in California, the victim
21was any of the following:
22(A) A resident of California.
23(B) A member of the military stationed in California.
P3 1(C) A family
member living with a member of the military
2stationed in California.
3(c) If compensation is being sought for a derivative victim, the
4derivative victim is a resident of California, or any other state, who
5is any of the following:
6(1) At the time of the crime was the parent, grandparent, sibling,
7spouse, child, or grandchild of the victim.
8(2) At the time of the crime was living in the household of the
10(3) At the time of the crime was a person who had previously
11lived in the household of the victim for a period of not less than
12two years in a relationship substantially similar to a relationship
13listed in paragraph (1).
14(4) Is another family member of the victim, including, but not
15 limited to, the victim’s fiancé or fiancée, and who witnessed the
17(5) Is the primary caretaker of a minor victim, but was not the
18primary caretaker at the time of the crime.
19(d) The application is timely pursuant to Section 13953.
20(e) (1) Except as provided in paragraph (2), the injury or death
21was a direct result of a crime.
22(2) Notwithstanding paragraph (1), no act involving the
23operation of a motor vehicle, aircraft, or water vehicle that results
24in injury or death constitutes a crime for the purposes of this
25chapter, except when the injury or death from such an act was any
26of the following:
27(A) Intentionally inflicted through the use of a motor vehicle,
28 aircraft, or water vehicle.
29(B) Caused by a driver who fails to stop at the scene of an
30accident in violation of Section 20001 of the Vehicle Code.
31(C) Caused by a person who is under the influence of any
32alcoholic beverage or drug.
33(D) Caused by a driver of a motor vehicle in the immediate act
34of fleeing the scene of a crime in which he or she knowingly and
36(E) Caused by a person who commits vehicular manslaughter
37in violation of subdivision (b) of Section 191.5, subdivision (c) of
38Section 192, or Section 192.5 of the Penal Code.
39(F) Caused by any party where a peace officer is operating a
40motor vehicle in an effort to apprehend a suspect, and the suspect
P4 1is evading, fleeing, or otherwise attempting to elude the peace
3(f) As a direct result of the crime, the victim or derivative victim
4sustained one or more of the following:
5(1) Physical injury. The board may presume a child who has
6been the witness of a crime of domestic violence has sustained
7physical injury. A child who resides in a home where a crime or
8crimes of domestic violence have occurred may be presumed by
9the board to have sustained physical injury, regardless of whether
10the child has witnessed the crime.
11(2) Emotional injury and a threat of physical injury.
12(3) Emotional injury, where the crime was a violation of any of
13the following provisions:
14(A) Section 236.1, 261,
262, 271, 273a, 273d, 285, 286, 288,
15288a, 288.5, 289, or
begin delete 653.2, or of the Penal Code.
16subdivision (b) or (c) of Section 311.4,end delete
17(B) Section 270 of the Penal Code, where the emotional injury
18was a result of conduct other than a failure to pay child support,
19and criminal charges were filed.
20(C) Section 261.5 of the Penal Code, and criminal charges were
22(D) Section 278 or 278.5 of the Penal Code, and criminal
23charges were filed. For purposes of this paragraph, the child, and
24not the nonoffending parent or other caretaker, shall be deemed
26(4) Injury to, or the death of, a guide, signal, or service dog, as
27defined in Section 54.1 of the Civil Code, as a result of a violation
28of Section 600.2 or 600.5 of the Penal Code.
injury to a victim who is a minor incurred as a
30direct result of the nonconsensual distribution of pictures or video
31of sexual conduct in which the minor appears.
32(g) The injury or death has resulted or may result in pecuniary
33loss within the scope of compensation pursuant to Sections 13957
34to 13957.7, inclusive.
Section 13957 of the Government Code is amended
(a) The board may grant for pecuniary loss, when the
38board determines it will best aid the person seeking compensation,
P5 1(1) Subject to the limitations set forth in Section 13957.2,
2reimburse the amount of medical or medical-related expenses
3incurred by the victim for services that were provided by a licensed
4medical provider, including, but not limited to, eyeglasses, hearing
5aids, dentures, or any prosthetic device taken, lost, or destroyed
6during the commission of the crime, or the use of which became
7necessary as a direct result of the crime.
8(2) Subject to the limitations set forth in Section 13957.2,
9reimburse the amount of outpatient psychiatric, psychological, or
10other mental health counseling-related expenses incurred by the
11victim or derivative victim, including peer counseling services
12provided by a rape crisis center as defined by Section 13837 of
13the Penal Code, and including family psychiatric, psychological,
14or mental health counseling for the successful treatment of the
15victim provided to family members of the victim in the presence
16of the victim, whether or not the family member relationship
17existed at the time of the crime, that became necessary as a direct
18result of the crime, subject to the following conditions:
19(A) The following persons may be reimbursed for the expense
20of their outpatient mental health counseling in an amount not to
21exceed ten thousand dollars ($10,000):
22(i) A victim.
23(ii) A derivative victim who is the surviving parent, grandparent,
24sibling, child, grandchild, spouse, fiancé, or fiancée of a victim of
25a crime that directly resulted in the death of the victim.
26(iii) A derivative victim, as described in paragraphs (1) to (4),
27inclusive, of subdivision (c) of Section 13955, who is the primary
28caretaker of a minor victim whose claim is not denied or reduced
29pursuant to Section 13956 in a total amount not to exceed ten
30thousand dollars ($10,000) for not more than two derivative
32(B) The following persons may be reimbursed for the expense
33of their outpatient mental health counseling in an amount not to
34exceed five thousand dollars ($5,000):
35(i) A derivative victim not eligible for reimbursement pursuant
36to subparagraph (A), provided that mental health counseling of a
37derivative victim described in paragraph (5) of subdivision (c) of
38Section 13955, shall be reimbursed only if that counseling is
39necessary for the treatment of the victim.
P6 1(ii) A minor who suffers emotional injury as a direct result of
2witnessing a violent crime and who is not eligible for
3reimbursement of the costs of outpatient mental health counseling
4under any other provision of this chapter. To be eligible for
5reimbursement under this clause, the minor must have been in
6close proximity to the victim when he or she witnessed the crime.
7(C) The board may reimburse a victim or derivative victim for
8outpatient mental health counseling in excess of that authorized
9by subparagraph (A) or (B) or for inpatient psychiatric,
10psychological, or other mental health counseling if the claim is
11based on dire or exceptional circumstances that require more
12extensive treatment, as approved by the board.
13(D) Expenses for
psychiatric, psychological, or other mental
14health counseling-related services may be reimbursed only if the
15services were provided by
begin delete either of the following individuals:end delete
20(i) A person who would have been authorized to provide those
21services pursuant to former Article 1 (commencing with Section
2213959) as it read on January 1, 2002.
23(ii) A person who is licensed in California to provide those
24 services, or who is properly supervised by a person who is licensed
25in California to provide those services, subject to the board’s
26approval and subject to the limitations and restrictions the board
28(3) Subject to the limitations set forth in Section 13957.5,
29authorize compensation equal to the loss of income or loss of
30support, or both, that a victim or derivative victim incurs as a direct
31result of the victim’s or derivative victim’s injury or the victim’s
32death. If the victim or derivative victim requests that the board
33give priority to reimbursement of loss of income or support, the
34board may not pay medical expenses, or mental health counseling
35expenses, except upon the request of the victim or derivative victim
36or after determining that payment of these expenses will not
37decrease the funds available for payment of loss of income or
39(4) Authorize a cash payment to or on behalf of the victim for
40job retraining or similar employment-oriented services.
P7 1(5) Reimburse the expense of installing or increasing residential
2security, not to exceed
begin delete oneend delete thousand dollars begin delete ($1,000).end delete
3 Installing or increasing residential security may include, but need
4not be limited to, both of the following:
5(A) Home security device or system.
6(B) Replacing or increasing the number of locks.
7(6) Reimburse the expense of renovating or retrofitting a
8victim’s residence, or the expense of modifying or purchasing a
9vehicle, to make the residence or the vehicle accessible or
10operational by a victim upon verification that the expense is
11medically necessary for a victim who is permanently disabled as
12a direct result of the crime, whether the disability is partial or total.
13(7) (A) Authorize a cash payment or reimbursement not to
begin delete two
begin delete ($2,000)end delete
15 to a victim for expenses incurred in relocating, if the
16expenses are determined by law enforcement to be necessary for
17the personal safety of the
begin delete victim orend delete by a mental health
18treatment provider to be necessary for the emotional well-being
19of the victim.
21(B) The cash payment or reimbursement made under this
22paragraph shall only be awarded to one claimant per crime giving
23rise to the relocation. The board may authorize more than one
24relocation per crime if necessary for the personal safety or
25emotional well-being of the claimant. However, the total cash
26payment or reimbursement for all relocations due to the same crime
27shall not exceed
begin delete two thousandend delete dollars
begin delete ($2,000).end delete For purposes of this paragraph a claimant is
29the crime victim, or, if the victim is deceased, a person who resided
30with the deceased at the time of the crime.
31(C) The board may, under compelling circumstances, award a
32second cash payment or reimbursement to a victim for another
33crime if both of the following conditions are met:
34(i) The crime occurs more than three years from the date of the
35crime giving rise to the initial relocation cash payment or
37(ii) The crime does not involve the same offender.end delete
39 When a relocation payment or reimbursement is provided
40to a victim of sexual assault or domestic violence and the identity
P8 1of the offender is known to the victim, the victim shall agree not
2to inform the offender of the location of the victim’s new residence
3and not to allow the offender on the premises at any time, or shall
4agree to seek a restraining order against the offender. A victim
5 may be required to repay
6the relocation payment or reimbursement to the board if he or she
7violates the terms set forth in this paragraph.
9 Notwithstanding subparagraphs (A) and (B), the board may
10increase the cash payment or reimbursement for expenses incurred
11in relocating to an amount greater than
begin delete two thousandend delete dollars begin delete ($2,000),end delete if the board finds this
13amount is appropriate due to the unusual, dire, or exceptional
14circumstances of a particular claim.
16 If a security deposit is required for relocation, the board
17shall be named as the recipient and receive the funds upon
18expiration of the victim’s rental agreement.
19(8) When a victim dies as a result of a crime, the board may
20reimburse any individual who voluntarily, and without anticipation
21of personal gain, pays or assumes the obligation to pay any of the
23(A) The medical expenses incurred as a direct result of the crime
24in an amount not to exceed the rates or limitations established by
26(B) The funeral and burial expenses incurred as a direct result
27of the crime, not to exceed seven thousand five hundred dollars
28 ($7,500). The board shall not create or comply with a regulation
29or policy that mandates a lower maximum potential amount of an
30award pursuant to this subparagraph for less than seven thousand
31five hundred dollars ($7,500).
32(9) When the crime occurs in a residence or inside a vehicle,
33the board may reimburse any individual who voluntarily, and
34without anticipation of personal gain, pays or assumes the
35obligation to pay the reasonable costs to clean the scene of the
36crime in an amount not to exceed
begin delete oneend delete thousand dollars
begin delete ($1,000).end delete Services reimbursed
pursuant to this subdivision
38shall be performed by persons registered with the State Department
39of Public Health as trauma scene waste practitioners in accordance
P9 1with Chapter 9.5 (commencing with Section 118321) of Part 14
2of Division 104 of the Health and Safety Code.
3(10) When the crime is a violation of Section 600.2 or 600.5 of
4the Penal Code, the board may reimburse the expense of veterinary
5services, replacement costs, or other reasonable expenses, as
6ordered by the court pursuant to Section 600.2 or 600.5 of the
7Penal Code, in an amount not to exceed ten thousand dollars
9(11) An award of compensation pursuant to paragraph (5) of
10subdivision (f) of Section 13955 shall be limited to compensation
11to provide mental health counseling and shall not limit the
12eligibility of a victim for an award that he or she may be otherwise
13entitled to receive under this part. A derivative victim shall not be
14eligible for compensation under this provision.
15(b) The total award to or on behalf of each victim or derivative
16victim may not exceed thirty-five thousand dollars ($35,000),
17except that this award may be increased to an amount not exceeding
18seventy thousand dollars ($70,000) if federal funds for that increase
Section 13957.5 of the Government Code is amended
(a) In authorizing compensation for loss of income
23and support pursuant to paragraph (3) of subdivision (a) of Section
2413957, the board may take any of the following actions:
25(1) Compensate the victim for loss of income directly resulting
26from the injury, except that loss of income may not be paid by the
27board for more than five years following the crime, unless the
28victim is disabled as defined in Section 416(i) of Title 42 of the
29United States Code, as a direct result of the injury.
30(2) Compensate an adult derivative victim for loss of income,
31subject to all of the following:
32(A) The derivative victim is the parent or legal guardian
33victim, who at the time of the crime was under the age of 18 years
34and is hospitalized as a direct result of the crime.
35(B) The minor victim’s treating physician
begin delete certifies in writingend delete
36 that the presence of the victim’s parent or legal guardian
37at the hospital is necessary for the treatment of the victim.
38(C) Reimbursement for loss of income under this paragraph
39may not exceed the total value of the income that would have been
40earned by the adult derivative victim during a 30-day period.
P10 1(3) Compensate an adult derivative victim for loss of income,
2subject to all of the following:
3(A) The derivative victim is the parent or legal guardian of a
4victim who at the time of the crime was under the age of 18 years.
5(B) The victim died as a direct result of the crime.
6(C) The board shall pay for loss of income under this paragraph
7for not more than 30 calendar days from the date of the victim’s
9(4) Compensate a derivative victim who was legally dependent
10on the victim at the time of the crime for the loss of support
11incurred by that person as a direct result of the crime, subject to
12both of the following:
13(A) Loss of support shall be paid by the board for income lost
14by an adult for a period up to, but not more than, five years
15following the date of the crime.
16(B) Loss of support shall not be paid by the board on behalf of
17a minor for a period beyond the child’s attaining the age of 18
18(b) The total amount payable to all derivative victims pursuant
19to this section as the result of one crime
begin delete mayend delete not exceed
20seventy thousand dollars ($70,000).