Amended in Assembly March 28, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2160

Introduced by Assembly Member Bonta

February 17, 2016

An act to amend Sections begin insert 13953, end insert 13955, 13957, begin delete and 13957.5 end delete begin insert 13957.5, and 13957.9 end insert of the Government Code, relating to crime victims, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

AB 2160, as amended, 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.

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Existing law requires that an application for compensation based on any of specified crimes involving sex with a minor be filed any time prior to the victim’s 28th birthday.

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The bill would instead require that the application be filed anytime prior to the victim’s 40th birthday for crimes committed by certain dates, as specified, and be filed within 10 years after commission for all other crimes.

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Existing law requires a victim or derivative victim seeking compensation to have sustained one or more specified physical or emotional injuries, or pecuniary losses, as a direct result of the crime.

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Existing law includes among those injuries 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.

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This bill would delete this provision and instead would include among the compensable injuries emotional injury that occurred due to a violation of provisions prohibiting intentional distribution of certain specified private images of another person, as specified.

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Existing law, until January 1, 2017, authorizes the board to grant from the fund for pecuniary losses, as specified, reimbursement for outpatient psychiatric, psychological, or other mental health counseling-related expenses incurred by the victim or derivative victim. Existing law specifically authorizes the board to reimburse a victim of statutory rape for outpatient mental health counseling expenses, up to a specified amount.

end insert begin insert

The bill would repeal the January 1, 2017, repeal date, thereby extending the board’s authority to grant reimbursement for those outpatient mental health counseling-related expenses indefinitely. The bill would remove the board’s specific authorization to reimburse a victim of statutory rape for outpatient mental health counseling expenses.

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By expanding the authorizations for use of moneys in the Restitution Fund, a continuously appropriated fund, this bill would make an appropriation. begin insert Because an application for reimbursement is required to be submitted under penalty of perjury, this bill would expand the definition of a crime and thus impose a state-mandated local program. end insert

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: ²⁄₃. Appropriation: yes. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 13953 of the end insert begin insert Government Code end insert begin insert is
amended to read: end insert

13953.  

(a) An application for compensation shall be filed
within three years of the date of the crime, three years after the
victim attains 18 years of age, or three years of the time the victim
or derivative victim knew or in the exercise of ordinary diligence
could have discovered that an injury or death had been sustained
as a direct result of crime, whichever is later. An application based
on any crime eligible for prosecution under Section 801.1 of the
Penal Code may be filed any time begin delete prior to the victim’s 28th
birthday. end delete begin insert within the period that prosecution is authorized by Section
801.1 of the Penal Code. end insert

(b) The board may for good cause grant an extension of the time
period in subdivision (a). In making this determination, the board
shall consider all of the following:

(1) Whether the victim or derivative victim incurs emotional
harm or a pecuniary loss while testifying during the prosecution
or in the punishment of the person accused or convicted of the
crime.

(2) Whether the victim or derivative victim incurs emotional
harm or a pecuniary loss when the person convicted of the crime
is scheduled for a parole hearing or released from incarceration.

(c) The period prescribed in this section for filing an application
by or on behalf of a derivative victim shall be tolled when the
board accepts the application filed by a victim of the same
qualifying crime.

begin delete SECTION 1. end delete

begin insert SEC. 2. end insert   

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) 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 fiancé or fiancée, 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 begin delete 653.2 of end delete begin insert 653.2 of,
or paragraph (4) of subdivision (j) of Section 647 of, end insert 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.

begin delete

(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.

end delete

(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.

begin delete SEC. 2. end delete

begin insert SEC. 3. end insert   

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, fiancé, or fiancée 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 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.

(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 two thousand dollars ($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 four thousand five hundred dollars ($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, 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 four thousand five hundred dollars ($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) 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.

(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 four thousand five hundred
dollars ($4,500), if the board finds this amount is appropriate due
to the unusual, dire, or exceptional circumstances of a particular
claim.

(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 two thousand dollars ($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).

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(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.

end delete

(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.

begin delete SEC. 3. end delete

begin insert SEC. 4. end insert   

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 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.

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(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.

end delete begin delete

(7)

end delete

begin insert (6) end insert  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).

begin delete

(8)

end delete

begin insert (7) end insert  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 begin delete (7). end delete begin insert (6). end insert

begin delete

(9)

end delete

begin insert (8) end insert  Notwithstanding the limitations set forth by paragraph (1),
income loss resulting from appointments described by
subparagraphs (A), (B), and (C) of paragraph begin delete (7) end delete begin insert (6) end insert may be paid
for any date following the qualifying crime.

begin delete

(10)

end delete

begin insert (9) end insert  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 begin delete (7). end delete

begin insert (6). end insert

begin delete

(11)

end delete

begin insert (10) end insert  Compensate transportation costs for adult direct victims
or adult derivative victims associated with appointments as
described by subparagraphs (A), (B), and (C) of paragraph begin delete (7). end delete
begin insert (6). end insert 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 shall not exceed seventy
thousand dollars ($70,000).

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 13957.9 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

13957.9.  

(a)  In addition to the authorization provided in
Section 13957 and subject to the limitations set forth in Section
13957.2, the board may grant for pecuniary loss, when the board
determines it will best aid the person seeking compensation,
reimbursement of the amount of outpatient psychiatric,
psychological, or other mental health counseling-related expenses
incurred by the victim or derivative victim, including begin delete peer
counseling services provided by end delete violence peer counseling services
provided by a service organization for victims of violent crime,
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:

(1) 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):

(A) A victim.

(B) A derivative victim who is the surviving parent, sibling,
child, spouse, fiancé, or fiancée of a victim of a crime that directly
resulted in the death of the victim.

(C) 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.

(2) 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):

(A) A derivative victim not eligible for reimbursement pursuant
to paragraph (1), 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.

begin delete

(B) A victim of a crime of unlawful sexual intercourse with a
minor committed in violation of subdivision (d) of Section 261.5
of the Penal Code. A derivative victim of a crime committed in
violation of subdivision (d) of Section 261.5 of the Penal Code
shall not be eligible for reimbursement of mental health counseling
expenses.

end delete begin delete

(C)

end delete

begin insert (B) end insert  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.

(3) The board may reimburse a victim or derivative victim for
outpatient mental health counseling in excess of that authorized
by paragraph (1) or (2) 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.

(4) 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) 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.

(B) 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 the
limitations and restrictions the board may impose.

(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 amount may be increased to seventy thousand
dollars ($70,000) if federal funds for that increase are available.

(c) For the purposes of this section, the following definitions
shall apply:

(1) “Service organization for victims of violent crime” means
a nonprofit and charitable organization that meets both of the
following criteria:

(A) Its primary mission is to provide services to victims of
violent crime.

(B) It provides programs or services to victims of violent crime
and their families, and other programs, whether or not a similar
program exists in an agency that provides additional services.

(2) “Violence peer counseling services” means counseling by
a violence peer counselor for the purpose of rendering advice or
assistance for victims of violent crime and their families. Any
violence peer counseling services that fall under the scope of
practice of the Licensed Marriage and Family Therapist Act
(Chapter 13 (commencing with Section 4980) of Division 2 of the
Business and Professions Code), the Educational Psychologist
Practice Act (Chapter 13.5 (commencing with Section 4989.10)
of Division 2 of the Business and Professions Code), the Clinical
Social Worker Practice Act (Chapter 14 (commencing with Section
4991) of Division 2 of the Business and Professions Code), and
the Licensed Professional Clinical Counselor Act (Chapter 16
(commencing with Section 4999.10) of Division 2 of the Business
and Professions Code), which are not performed in an exempt
setting as defined in Sections 4980.01, 4996.14, and 4999.22 of
the Business and Professions Code, shall only be performed by a
licensee or a registrant of the Board of Behavioral Sciences or
other appropriately licensed professional, such as a licensed
psychologist or board certified psychiatrist.

(3) “Violence peer counselor” means a provider of supportive
and nonpsychotherapeutic peer counseling services who is
employed by a service organization for victims of violent crime,
whether financially compensated or not, and who meets all of the
following requirements:

(A) Possesses at least six months of full-time equivalent
experience in providing peer support services acquired through
employment, volunteer work, or as part of an internship experience.

(B) Completed a training program aimed at preparing an
individual who was once a mental health services consumer to use
his or her life experience with mental health treatment, combined
with other strengths and skills, to promote the mental health
recovery of other mental health services consumers who are in
need of peer-based services relating to recovery as a victim of a
violent crime.

(C) Possesses 40 hours of training on all of the following:

(i) The profound neurological, biological, psychological, and
social effects of trauma and violence.

(ii) Peace-building and violence prevention strategies, including,
but not limited to, conflict mediation and retaliation prevention
related to gangs and gang-related violence.

(iii) Post-traumatic stress disorder and vicarious trauma,
especially as related to gangs and gang-related violence.

(iv) Case management practices, including, but not limited to,
ethics and victim compensation advocacy.

(D) When providing violence peer counseling services, is
supervised by a marriage and family therapist licensed pursuant
to Chapter 13 (commencing with Section 4980) of Division 2 of
the Business and Professions Code, a licensed educational
psychologist licensed pursuant to Chapter 13.5 (commencing with
Section 4989.10) of Division 2 of the Business and Professions
Code, a clinical social worker licensed pursuant to Chapter 14
(commencing with Section 4991) of Division 2 of the Business
and Professions Code, or a licensed professional clinical counselor
licensed pursuant to Chapter 16 (commencing with Section
4999.10) of Division 2 of the Business and Professions Code. For
the purposes of this subparagraph, a licensed marriage and family
therapist, licensed educational psychologist, licensed clinical social
worker, or licensed professional clinical counselor shall be
employed by the same service organization as the violence peer
counselor.

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(d) This section shall remain in effect only until January 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2017, deletes or extends that date.

end delete

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begin insert SEC. 6. end insert   

end insert begin insert

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

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