BILL ANALYSIS Ó AB 2160 Page 1 Date of Hearing: April 13, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 2160 (Bonta) - As Amended March 28, 2016 ----------------------------------------------------------------- |Policy |Public Safety |Vote:|7 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- 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. AB 2160 Page 2 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: AB 2160 Page 3 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 AB 2160 Page 4 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 AB 2160 Page 5