BILL ANALYSIS                                                                                                                                                                                                    



                                                                    AB 2160


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          Date of Hearing:  April 13, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          2160 (Bonta) - As Amended March 28, 2016


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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          No


          SUMMARY:


          This bill expands eligibility for compensation under the Victim  
          Compensation Program (CalVCP) and increases compensation limits  
          for specified losses which are already reimbursed.   








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          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: a) installing or increasing  
            residential security, from $1,000 to $2,000; b) relocation,  
            from $2,000 to $4,500, and allows relocation, for reason of  
            medical necessity; and c) crime scene clean-up costs, from  
            $1,000 to $2,000.

          4)Authorizes compensating adult derivative victims of a deceased  
            victim for up to five consecutive calendar days of lost income  
            due to bereavement.

          5)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.

          6)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.

          7)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.



          FISCAL EFFECT:









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          Significant reimbursement costs to the CalVCP (Restitution  
          Fund/FF) in the $8.1 million range -$5.4 million for income  
          loss, $1.1 million for travel, $680,000 relocation, $500,000 for  
          child care, $300,000 bereavement, $40,000 residential security,  
          and $10,000 for crime clean up. 


          COMMENTS:


          1)Background.  The CalVCP of the Victim Compensation and  
            Government Claims Board (board) provides financial assistance  
            to victims, or derivative victims (family member, current or  
            former member of the household, primary caretaker of minor  
            victim, etc), of violent crimes.  The board reimburses, up to  
            specified dollar amounts, 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.   Furtheremore, current law also  
            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.


          2)Purpose.  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  








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            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."

          3)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." 

          4)Related Legislation:  

             a)   AB 1563 (Rodriguez), currently on the Assembly floor,  
               establishes a six-month deadline for the board to respond  
               to an appeal from a denial of an application for  
               compensation.  

             b)   AB 1754 (Waldron), currently pending in Assembly Public  
               Safety, creates a pilot program in San Diego County to  
               compensate victims of elder financial theft. 

          1)Prior Legislation:  

            AB 1140 (Bonta), Chapter 569 of this session, 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. 


          Analysis Prepared by:Pedro Reyes / APPR. / (916)  
          319-2081













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