BILL NUMBER: AB 2160 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Bonta
FEBRUARY 17, 2016
An act to amend Sections 13955, 13957, and 13957.5 of the
Government Code, relating to crime victims, and making an
appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
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 1. Section 13955 of the Government Code is amended to
read:
13955. Except as provided in Section 13956, a person shall be
eligible for compensation when all of the following requirements are
met:
(a) The person for whom compensation is being sought is any of the
following:
(1) A victim.
(2) A derivative victim.
(3) (A) A person who is entitled to reimbursement for funeral,
burial, or crime scene cleanup expenses pursuant to paragraph
(8) or (9) or (10) of subdivision (a) of
Section 13957.
(B) This paragraph applies without respect to any felon status of
the victim.
(b) Either of the following conditions is met:
(1) The crime occurred in California. This paragraph shall apply
only during those time periods during which the board determines that
federal funds are available to the state for the compensation of
victims of crime.
(2) Whether or not the crime occurred in California, the victim
was any of the following:
(A) A resident of California.
(B) A member of the military stationed in California.
(C) A family member living with a member of the military stationed
in California.
(c) If compensation is being sought for a derivative victim, the
derivative victim is a resident of California, or any other state,
who is any of the following:
(1) At the time of the crime was the parent, grandparent, sibling,
spouse, child, or grandchild of the victim.
(2) At the time of the crime was living in the household of the
victim.
(3) At the time of the crime was a person who had previously lived
in the household of the victim for a period of not less than two
years in a relationship substantially similar to a relationship
listed in paragraph (1).
(4) Is another family member of the victim, including, but not
limited to, the victim's fianc� or fianc�e, and who witnessed the
crime.
(5) Is the primary caretaker of a minor victim, but was not the
primary caretaker at the time of the crime.
(d) The application is timely pursuant to Section 13953.
(e) (1) Except as provided in paragraph (2), the injury or death
was a direct result of a crime.
(2) Notwithstanding paragraph (1), no act involving the operation
of a motor vehicle, aircraft, or water vehicle that results in injury
or death constitutes a crime for the purposes of this chapter,
except when the injury or death from such an act was any of the
following:
(A) Intentionally inflicted through the use of a motor vehicle,
aircraft, or water vehicle.
(B) Caused by a driver who fails to stop at the scene of an
accident in violation of Section 20001 of the Vehicle Code.
(C) Caused by a person who is under the influence of any alcoholic
beverage or drug.
(D) Caused by a driver of a motor vehicle in the immediate act of
fleeing the scene of a crime in which he or she knowingly and
willingly participated.
(E) Caused by a person who commits vehicular manslaughter in
violation of subdivision (b) of Section 191.5, subdivision (c) of
Section 192, or Section 192.5 of the Penal Code.
(F) Caused by any party where a peace officer is operating a motor
vehicle in an effort to apprehend a suspect, and the suspect is
evading, fleeing, or otherwise attempting to elude the peace officer.
(f) As a direct result of the crime, the victim or derivative
victim sustained one or more of the following:
(1) Physical injury. The board may presume a child who has been
the witness of a crime of domestic violence has sustained physical
injury. A child who resides in a home where a crime or crimes of
domestic violence have occurred may be presumed by the board to have
sustained physical injury, regardless of whether the child has
witnessed the crime.
(2) Emotional injury and a threat of physical injury.
(3) Emotional injury, where the crime was a violation of any of
the following provisions:
(A) Section 236.1, 261, 262, 271, 273a, 273d, 285, 286, 288, 288a,
288.5, 289, 311.1, 311.2, 311.3, 311.4, or
653.2, or subdivision (b) or (c) of Section 311.4,
653.2 of the Penal Code.
(B) Section 270 of the Penal Code, where the emotional injury was
a result of conduct other than a failure to pay child support, and
criminal charges were filed.
(C) Section 261.5 of the Penal Code, and criminal charges were
filed.
(D) Section 278 or 278.5 of the Penal Code, and criminal charges
were filed. For purposes of this paragraph, the child, and not the
nonoffending parent or other caretaker, shall be deemed the victim.
(4) Injury to, or the death of, a guide, signal, or service dog,
as defined in Section 54.1 of the Civil Code, as a result of a
violation of Section 600.2 or 600.5 of the Penal Code.
(5) Emotional injury to a victim who is a minor incurred as a
direct result of the nonconsensual distribution of pictures or video
of sexual conduct in which the minor appears.
(g) The injury or death has resulted or may result in pecuniary
loss within the scope of compensation pursuant to Sections 13957 to
13957.7, inclusive.
SEC. 2. Section 13957 of the Government Code is amended to read:
13957. (a) The board may grant for pecuniary loss, when the board
determines it will best aid the person seeking compensation, as
follows:
(1) Subject to the limitations set forth in Section 13957.2,
reimburse the amount of medical or medical-related expenses incurred
by the victim for services that were provided by a licensed medical
provider, including, but not limited to, eyeglasses, hearing aids,
dentures, or any prosthetic device taken, lost, or destroyed during
the commission of the crime, or the use of which became necessary as
a direct result of the crime.
(2) Subject to the limitations set forth in Section 13957.2,
reimburse the amount of outpatient psychiatric, psychological, or
other mental health counseling-related expenses incurred by the
victim or derivative victim, including peer counseling services
provided by a rape crisis center as defined by Section 13837 of the
Penal Code, and including family psychiatric, psychological, or
mental health counseling for the successful treatment of the victim
provided to family members of the victim in the presence of the
victim, whether or not the family member relationship existed at the
time of the crime, that became necessary as a direct result of the
crime, subject to the following conditions:
(A) The following persons may be reimbursed for the expense of
their outpatient mental health counseling in an amount not to exceed
ten thousand dollars ($10,000):
(i) A victim.
(ii) A derivative victim who is the surviving parent, grandparent,
sibling, child, grandchild, spouse, fianc�, or fianc�e of a victim
of a crime that directly resulted in the death of the victim.
(iii) A derivative victim, as described in paragraphs (1) to (4),
inclusive, of subdivision (c) of Section 13955, who is the primary
caretaker of a minor victim whose claim is not denied or reduced
pursuant to Section 13956 in a total amount not to exceed ten
thousand dollars ($10,000) for not more than two derivative victims.
(B) The following persons may be reimbursed for the expense of
their outpatient mental health counseling in an amount not to exceed
five thousand dollars ($5,000):
(i) A derivative victim not eligible for reimbursement pursuant to
subparagraph (A), provided that mental health counseling of a
derivative victim described in paragraph (5) of subdivision (c) of
Section 13955, shall be reimbursed only if that counseling is
necessary for the treatment of the victim.
(ii) A minor who suffers emotional injury as a direct result of
witnessing a violent crime and who is not eligible for reimbursement
of the costs of outpatient mental health counseling under any other
provision of this chapter. To be eligible for reimbursement under
this clause, the minor must have been in close proximity to the
victim when he or she witnessed the crime.
(C) The board may reimburse a victim or derivative victim for
outpatient mental health counseling in excess of that authorized by
subparagraph (A) or (B) or for inpatient psychiatric, psychological,
or other mental health counseling if the claim is based on dire or
exceptional circumstances that require more extensive treatment, as
approved by the board.
(D) Expenses for psychiatric, psychological, or other mental
health counseling-related services may be reimbursed only if the
services were provided by either of the following
individuals: 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.
(i) A person who would have been authorized to provide those
services pursuant to former Article 1 (commencing with Section 13959)
as it read on January 1, 2002.
(ii) A person who is licensed in California to provide those
services, or who is properly supervised by a person who is licensed
in California to provide those services, subject to the board's
approval and subject to the limitations and restrictions the board
may impose.
(3) Subject to the limitations set forth in Section 13957.5,
authorize compensation equal to the loss of income or loss of
support, or both, that a victim or derivative victim incurs as a
direct result of the victim's or derivative victim's injury or the
victim's death. If the victim or derivative victim requests that the
board give priority to reimbursement of loss of income or support,
the board may not pay medical expenses, or mental health counseling
expenses, except upon the request of the victim or derivative victim
or after determining that payment of these expenses will not decrease
the funds available for payment of loss of income or support.
(4) Authorize a cash payment to or on behalf of the victim for job
retraining or similar employment-oriented services.
(5) Reimburse the expense of installing or increasing residential
security, not to exceed one two
thousand dollars ($1,000). ($2,000).
Installing or increasing residential security may include, but need
not be limited to, both of the following:
(A) Home security device or system.
(B) Replacing or increasing the number of locks.
(6) Reimburse the expense of renovating or retrofitting a victim's
residence, or the expense of modifying or purchasing a vehicle, to
make the residence or the vehicle accessible or operational by a
victim upon verification that the expense is medically necessary for
a victim who is permanently disabled as a direct result of the crime,
whether the disability is partial or total.
(7) (A) Authorize a cash payment or reimbursement not to exceed
two thousand four thousand five hundred
dollars ($2,000) ($4,500) to a victim
for expenses incurred in relocating, if the expenses are determined
by law enforcement to be necessary for the personal safety of the
victim or victim, by a mental health
treatment provider to be necessary for the emotional well-being of
the victim, or by a doctor of medicine or doctor of osteopathic
medicine to be a medical necessity for the victim.
(B) The cash payment or reimbursement made under this paragraph
shall only be awarded to one claimant per crime giving rise to the
relocation. The board may authorize more than one relocation per
crime if necessary for the personal safety or emotional well-being of
the claimant. However, the total cash payment or reimbursement for
all relocations due to the same crime shall not exceed two
thousand four thousand five hundred dollars
($2,000). ($4,500). For purposes of
this paragraph a claimant is the crime victim, or, if the victim is
deceased, a person who resided with the deceased at the time of the
crime.
(C) The board may, under compelling circumstances, award a second
cash payment or reimbursement to a victim for another crime if both
of the following conditions are met:
(i) The crime occurs more than three years from the date of the
crime giving rise to the initial relocation cash payment or
reimbursement.
(ii) The crime does not involve the same offender.
(D)
(C) When a relocation payment or reimbursement is
provided to a victim of sexual assault or domestic violence and the
identity of the offender is known to the victim, the victim shall
agree not to inform the offender of the location of the victim's new
residence and not to allow the offender on the premises at any time,
or shall agree to seek a restraining order against the offender. A
victim may be found ineligible for relocation or may be
required to repay the relocation payment or reimbursement to the
board if he or she violates the terms set forth in this paragraph.
(E)
(D) Notwithstanding subparagraphs (A) and (B), the
board may increase the cash payment or reimbursement for expenses
incurred in relocating to an amount greater than two
thousand four thousand five hundred dollars
($2,000), ($4,500), if the board finds
this amount is appropriate due to the unusual, dire, or exceptional
circumstances of a particular claim.
(F)
(E) If a security deposit is required for relocation,
the board shall be named as the recipient and receive the funds upon
expiration of the victim's rental agreement.
(8) When a victim dies as a result of a crime, the board may
reimburse any individual who voluntarily, and without anticipation of
personal gain, pays or assumes the obligation to pay any of the
following expenses:
(A) The medical expenses incurred as a direct result of the crime
in an amount not to exceed the rates or limitations established by
the board.
(B) The funeral and burial expenses incurred as a direct result of
the crime, not to exceed seven thousand five hundred dollars
($7,500). The board shall not create or comply with a regulation or
policy that mandates a lower maximum potential amount of an award
pursuant to this subparagraph for less than seven thousand five
hundred dollars ($7,500).
(9) When the crime occurs in a residence or inside a vehicle, the
board may reimburse any individual who voluntarily, and without
anticipation of personal gain, pays or assumes the obligation to pay
the reasonable costs to clean the scene of the crime in an amount not
to exceed one two thousand dollars
($1,000). ($2,000). Services reimbursed
pursuant to this subdivision shall be performed by persons
registered with the State Department of Public Health as trauma scene
waste practitioners in accordance with Chapter 9.5 (commencing with
Section 118321) of Part 14 of Division 104 of the Health and Safety
Code.
(10) When the crime is a violation of Section 600.2 or 600.5 of
the Penal Code, the board may reimburse the expense of veterinary
services, replacement costs, or other reasonable expenses, as ordered
by the court pursuant to Section 600.2 or 600.5 of the Penal Code,
in an amount not to exceed ten thousand dollars ($10,000).
(11) An award of compensation pursuant to paragraph (5) of
subdivision (f) of Section 13955 shall be limited to compensation to
provide mental health counseling and shall not limit the eligibility
of a victim for an award that he or she may be otherwise entitled to
receive under this part. A derivative victim shall not be eligible
for compensation under this provision.
(b) The total award to or on behalf of each victim or derivative
victim may not exceed thirty-five thousand dollars ($35,000), except
that this award may be increased to an amount not exceeding seventy
thousand dollars ($70,000) if federal funds for that increase are
available.
SEC. 3. Section 13957.5 of the Government Code is amended to read:
13957.5. (a) In authorizing compensation for loss of income and
support pursuant to paragraph (3) of subdivision (a) of Section
13957, the board may take any of the following actions:
(1) Compensate the victim for loss of income directly resulting
from the injury, except that loss of income may not be paid by the
board for more than five years following the crime, unless the victim
is disabled as defined in Section 416(i) of Title 42 of the United
States Code, as a direct result of the injury.
(2) Compensate an adult derivative victim for loss of income,
subject to all of the following:
(A) The derivative victim is the parent or legal guardian of a
victim, who at the time of the crime was under the age of 18 years
and is hospitalized as a direct result of the crime.
(B) The minor victim's treating physician certifies in
writing verifies that the presence of the victim'
s parent or legal guardian at the hospital is necessary for the
treatment of the victim.
(C) Reimbursement for loss of income under this paragraph may not
exceed the total value of the income that would have been earned by
the adult derivative victim during a 30-day period.
(3) Compensate an adult derivative victim for loss of income,
subject to all of the following:
(A) The derivative victim is the parent or legal guardian of a
victim who at the time of the crime was under the age of 18 years.
(B) The victim died as a direct result of the crime.
(C) The board shall pay for loss of income under this paragraph
for not more than 30 calendar days from the date of the victim's
death.
(4) Compensate a derivative victim who was legally dependent on
the victim at the time of the crime for the loss of support incurred
by that person as a direct result of the crime, subject to both of
the following:
(A) Loss of support shall be paid by the board for income lost by
an adult for a period up to, but not more than, five years following
the date of the crime.
(B) Loss of support shall not be paid by the board on behalf of a
minor for a period beyond the child's attaining the age of 18 years.
(5) Compensate adult derivative victims of deceased victims for a
maximum of five consecutive calendar days of income loss due to the
grief suffered over a deceased victim.
(6) An adult victim of domestic violence who suffers a loss of
financial support from the offender may receive up to five hundred
dollars ($500) per week for a maximum of five weeks immediately
following the crime. The victim and offender shall have resided
together at the time of the qualifying crime and no longer reside
together, and the victim shall not have received compensation for
income loss during this five week period.
(7) Compensate adult direct victims for income loss when it is
necessary for them to miss work due to:
(A) Medical or mental health appointments for injuries directly
related to the qualifying crime.
(B) Attending meetings with the District Attorney's Office or
other prosecutorial agency, or attending criminal court proceedings,
directly related to the qualifying crime. The claimant's attendance
must be verified in writing by a court employee or an employee at the
prosecutorial office.
(C) Incidental appointments directly related to the qualifying
crime. Income loss for incidental crime related appointments shall
not exceed one thousand dollars ($1,000).
(8) Compensate adult derivative victims for income loss when it is
necessary for them to miss work due to taking a minor direct victim
to an appointment described by subparagraphs (A), (B), and (C) of
paragraph (7).
(9) Notwithstanding the limitations set forth by paragraph (1),
income loss resulting from appointments described by subparagraphs
(A), (B), and (C) of paragraph (7) may be paid for any date following
the qualifying crime.
(10) Compensate child care costs for adult direct victims or adult
derivative victims when they are necessary due to appointments as
described by subparagraphs (A), (B), and (C) of paragraph (7).
(11) Compensate transportation costs for adult direct victims or
adult derivative victims associated with appointments as described by
subparagraphs (A), (B), and (C) of paragraph (7). Mileage
reimbursement shall be paid at the rate set forth by the Department
of Human Resources for state employees.
(b) The total amount payable to all derivative victims pursuant to
this section as the result of one crime may
shall not exceed seventy thousand dollars ($70,000).