BILL ANALYSIS Ó
AB 2160
Page 1
Date of Hearing: March 29, 2016
Counsel: Sandra Uribe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
AB
2160 (Bonta) - As Amended March 28, 2016
SUMMARY: Expands eligibility for compensation under the Victim
Compensation Program (CalVCP) and increases compensation limits
for specified losses which are already reimbursed.
Specifically, this bill:
1)Conforms the application deadline for victims of specified sex
crimes to the statute of limitations for those crimes.
2)Authorizes compensation for a victim's emotional injury
incurred as a direct result of distribution of child
pornography in which the victim appeared, and for the crime of
cyber exploitation.
3)Increases compensation limits for reimbursement of installing
or increasing residential security from $1,000 to $2,000.
4)Increases compensation limits for relocation from $2,000 to
$4,500, and allows relocation for reason of medical necessity.
5)Increases compensation limits for crime scene clean-up costs
from $1,000 to $2,000.
6)Authorizes compensating adult derivative victims of a deceased
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victim for up to five consecutive calendar days of lost income
due to bereavement.
7)Expands reimbursement for an adult victim's loss of income to
include missed work to attend crime-related appointments,
including legal, medical, and mental health counseling
appointments.
8)Authorizes compensating adult derivative victims for income
loss when it is necessary for them to miss work to take a
minor victim to crime-related appointments, including legal,
medical, and mental health counseling appointments.
9)Allows reimbursement for transportation and child care
expenses that are necessary for a victim to attend
crime-related appointments, including legal, medical, and
mental health counseling appointments.
10)Makes technical, non-substantive changes.
EXISTING LAW:
1)Establishes the Victim Compensation and Government Claims
Board (board) to operate the CalVCP. (Gov. Code, § 13950 et.
seq.)
2)Provides than an application for compensation shall be filed
with the board in the manner determined by the board. (Gov.
Code, § 13952, subd.(a).)
3)States that, except as specified, 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; and,
iii) A person who is entitled to reimbursement for
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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 in California, but only 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 in 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
military stationed in California.
c) If compensation is being sought for derivative victim,
the derivative victim is a resident of California or any
other state who is any of the following:
i) At the time of the crimes was the victim's parent,
grandparent, sibling, spouse, child or grandchild;
ii) At the time of the crime was living in the victim's
household;
iii) At the time of the crime was a person who had
previously lived in the victim's house for a period of
not less than two years in a relationship substantially
similar to a previously listed relationship;
iv) Another family member of the victim who witnessed
the crime, including, but not limited to, the victim's
fiancé or fiancée, or,
v) Is the primary caretaker of a minor victim, but was
not the primary caretaker at the time of the crime.
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d) And other specified requirements. (Gov. Code, § 13955.)
4)Authorizes the board to reimburse for pecuniary loss for the
following types of losses:
a) Medical or medical-related expenses incurred by the
victim for services provided by a licensed medical
provider;
b) Out-patient 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;
c) 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 injury or the victim's
death,
d) Cash payment to, or on behalf of, the victim for job
retraining or similar employment-oriented services;
e) The expense of installing or increasing residential
security, not to exceed $1,000;
f) The expense of renovating or retrofitting a victim's
residence or a vehicle to make them accessible or
operational, if it is medically necessary;
g) Relocation expenses up to $2,000 if the expenses are
determined by law enforcement to be necessary for the
victim's personal safety, or by a mental health treatment
provider to be necessary for the emotional well-being of
the victim; and,
h) Funeral or burial expenses. (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 up to
$70,000 if federal funds for that increase are available.
(Gov. Code, § 13957, subd. (b).)
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FISCAL EFFECT: Unknown
COMMENTS:
1)Author's Statement: According to the author, "AB 2160 helps
California meet the needs of crime victims and their
advocates---from the college student who needs counseling
after discovering, years later, that sexually explicit photos
were taken of her as a child---to the single father who is
missing work and losing wages to care for a child who
witnessed gun violence. Inadequate compensation for child
care and transportation are two of the most common barriers
preventing a victim from accessing medical care, mental health
services, or legal appointments. AB 2160 reduces these
barriers by reimbursing victims for their associated child
care and transportation costs. AB 2160 will provide critical
support for victims of violent crimes by expanding the
California Victim's Compensation Program to provide additional
resources and support to victims in order facilitate their
healing and recovery."
2)CalVCP: The CalVCP provides compensation for victims of
violent crime, or more specifically those who have been
physically injured or threatened with injury. It reimburses
eligible victims for many crime-related expenses, such as
medical treatment, mental health services, funeral expenses,
and home security. Funding for the board comes from
restitution fines and penalty assessments paid by criminal
offenders, as well as from federal matching funds. (See board
Website < http://www.vcgcb.ca.gov/board >.)
3)Gap Analysis Report: In July 2015, the board issued the third
in a series of reports which sought to determine the unmet
needs of crime victims and barriers to services for crime
victims. This final report outlined gaps in current services
and compensation provided under CalVCP. The board's report
concluded that "CalVCP's limitations on benefits prevent the
Program from meeting the financial needs of victims. ?
Additionally, transportation expenses or wage loss due to
appointments or court appearances are not covered." (See Gap
Analysis Report: California's Underserved Crime Victims and
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their Access to Victim Services and Compensation, July 2015,
p. 9,
< http://vcgcb.ca.gov/victims/ovcgrant2013/deliverables/CalVCPGa
pAnalysis-OVCGrant2013.pdf >.)
As to transportation expenses, the report notes, "Transportation
costs are not currently covered by CalVCP, except for
transportation to medical appointments more than 100 miles
from the victim's home. The lack of reimbursement for
transportation costs limits victims' access to services,
including mental health treatment, medical appointments,
meetings with advocates, and court appearances (especially for
protective orders). Offering reimbursement for transportation
costs will assist victims in rural areas and frontier counties
who may live hours from trauma-informed mental health
providers, hospitals, a victim advocate's office or the
courthouse. It will also assist victims with limited
financial resources who live in urban areas and may need
assistance with bus fare or train fare to get to
appointments." (Id. at p. 13.) This bill allows compensation
of transportation costs for victims or derivative victims to
travel to medical and mental health appointments, attending
meetings with the prosecutor and other crime-related
appointments.
The report also noted that "Reimbursement for childcare and wage
loss while attending appointments (court, mental health
treatment, or medical appointments) for themselves or their
children is another loss not currently covered by CalVCP."
(Id. at p. 14.) This bill addresses that deficiency by
allowing reimbursement for these costs when they are necessary
for a victim or derivative victim to attend the aforementioned
appointments.
Another necessary change identified in the report was the need
to update the cap on relocation limits. "Relocation limits
have not changed since the inception of the benefit 15 years
ago. Reimbursements have not kept pace with increases in
costs for moving and rents." (Id. at p. 13.) This bill
increases the reimbursement limit for relocation expenses from
$2,000 to $4,000. It also increases the reimbursement caps
for crime scene clean up and residential security from $1,000
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to $2,000.
4)Argument in Support: According to the Napa County District
Attorney, "AB 2160 is in direct response to the July 2015
report published by the California Victim's Compensation Board
(CalVCP) entitled "Gap Analysis Report: California's
Underserved Victims and their Access to Victim Services and
Compensation." The report makes numerous findings as to why
many victims of crime are not able to access the necessary
services and compensation they are entitled to under the law
as a result of language difficulties, lack of ability or
information to apply, lack of transportation to access
services and other barriers including mental disabilities and
other disorders.
"I have been a prosecutor for over 30 years and the elected
District Attorney for Napa County for the past 18 years. I
have also been a career advocate for the rights of victims and
our responsibility to do everything we can to help restore
their lives and their dignity. Fortunately, we have a very
stable Victims Trust Fund under the CalVCP that is able to
assist crime victims provided they know how and where to apply
for help. AB 2160 reaffirms existing law and expands to allow
for the present cost of services such as funeral and burial
expenses; mental health treatment; and emergency funding for
individuals who have lost their housing as a result of being
victimized, often by family members who are supposed to
support and care for them."
5)Related Legislation:
a) AB 1563 (Rodriguez) establishes a six-month deadline for
the board to respond to an appeal from a denial of an
application for compensation. AB 1563 is pending in the
Assembly Appropriations Committee.
b) AB 1754 (Waldron) creates a pilot program in San Diego
County to compensate victims of elder financial theft under
the CalVCP.
6)Prior Legislation:
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a) AB 1140 (Bonta), Chapter 569, revised standards for
involvement in a crime and for cooperation with the board
in various circumstances; authorized compensation for
non-consensual distribution of sexual images of minors, and
revised various other rules governing the CalVCP.
b) AB 2809 (Leno), Chapter 587, Statutes of 2008, allowed a
minor who suffers emotional injury as a direct result of
witnessing a violent crime to be eligible for reimbursement
for the costs of outpatient mental health counseling if the
minor was in close proximity to the victim when he or she
witnessed the crime.
REGISTERED SUPPORT / OPPOSITION:
Support
California District Attorneys Association
Alameda County District Attorney
Napa County District Attorney
Opposition
None
Analysis Prepared
by: Sandy Uribe / PUB. S. / (916) 319-3744