SB 519, as amended, Hancock. Victims of crime.
(1) Existing law provides for the indemnification of victims and derivative victims of specified types of crimes by the California Victim Compensation and Government Claims Board, subject to specified criteria for, among other things, submission and verification of applications, eligibility for emergency awards and compensation for specified services, and procedures for hearings with respect to the denial of awards. Existing law requires the board to publicize programs related to these provisions, including, among others, the procedures to obtain compensation from the board. Payment of claims and certain programs administered by the board are made under these provisions from the Restitution Fund, which is continuously appropriated to the board for these purposes.
This bill would require all correspondence by the board to an
applicant to be written in English, Spanish,
begin delete and Chinese.end delete The bill would prohibit the board from requiring an applicant to submit documentation from the Internal Revenue Service, the Franchise Tax Board, the State Board of Equalization, the Social Security Administration, or the Employment Development Department in order to determine eligibility for compensation.
This bill would expand eligibility for compensation for crime victims to include counseling to a person who is an adult witness of a crime. The bill would also expand eligibility for compensation for mental health services and relocation benefits to a person who is 65 years of age or older and sustained financial exploitation by a relative or caretaker, if there is a reasonable fear of continued exploitation.end delete
By expanding the requirements of programs administered by the board and the eligibility for payments from a continuously appropriated fund, this bill would make an appropriation.end delete
(2) Existing law authorizes the board to compensate an individual who voluntarily, and without anticipation of personal gain, pays or assumes the obligation to pay a crime victim’s funeral and burial expenses, up to $7,500, incurred as a direct result of the crime.
This bill would require the board
begin delete when it pays a claim to compensate funeral and burial expenses to pay the amount of $7,500.end delete
(3) Existing law requires an application for compensation to be denied if the board finds that the victim failed to cooperate reasonably with a law enforcement agency in the apprehension and conviction of a criminal committing a crime. Existing law also requires an application for compensation to be denied if a person has been convicted of a felony and is not discharged from probation.
This bill would prohibit a claim from being denied pursuant to these provisions in any case in which the victim is eligible for compensation as a minor. This bill would also remove the prohibition against granting compensation to a person convicted of a felony, but not discharged from parole, if the compensation is solely used to fund mental health counseling. By expanding the eligibility for payments from a continuously appropriated fund, this bill would make an appropriation.
(4) Existing law requires the board to approve or deny applications, based on recommendations of the board staff, within an average of 90 calendar days and no later than 180 calendar days of acceptance by the board or victim center, and to report to the Legislature if the board fails to do so, as specified.
This bill would require the board to approve or deny applications within 90 days total and modifies the reporting requirements accordingly.
(5) Existing law requires board hearings to be informal and authorizes these hearing to not be conducted according to the technical rules relating to evidence and witnesses.
This bill would require the board to allow
begin delete anend delete animal to accompany and support a witness while testifying at a board hearing.
(6) Existing law authorizes a party to a criminal proceeding to move for a continuance upon a showing of good cause. Existing law describes “good cause” for purposes of that provision.
This bill would specify that “good cause”
begin delete is deemed to exist when a witness, who is the victim of the charged crime and has previously been the victim of elder abuse or certain sex crimes, cannot be present due to psychological or
emotional distress resulting from that prior victimization.end delete
(7) Existing law requires the court to order a person who is convicted of a crime to pay restitution to the victim or victims for the full amount of economic loss, unless the court finds compelling and extraordinary reasons for not doing so and states them on the record. Existing law provides the defendant the right to a hearing before a judge to dispute the determination of the amount of restitution and authorizes the court to modify the amount of restitution.
This bill would authorize a
begin delete witnessend delete at a restitution or modification hearing to testify by live, 2-way audio and video begin delete transmission.end delete
(8) Existing law permits a defendant to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty in any case in which a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation, or has been convicted of a misdemeanor and not granted probation and has fully complied with and performed the sentence of the court, or has been sentenced to a county jail for a felony, or in any other case in which a court, in its discretion and the interests of justice, determines that a defendant should be granted this or other specified relief and requires the defendant to be released from all penalties and disabilities resulting from the offense of which he or she has been convicted.end delete
This bill would state that the dismissal of an accusation or information underlying a conviction pursuant to these provisions does not relieve a person from paying a restitution fine or direct restitution. By increasing the revenues deposited into a continuously appropriated fund, this bill would make an appropriation.end delete
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 13952 of the Government Code is
2amended to read:
(a) An application for compensation shall be filed with
4the board in the manner determined by the board.
5(b) (1) The application for compensation shall be verified under
6penalty of perjury by the individual who is seeking compensation,
7who may be the victim or derivative victim, or an individual
8seeking reimbursement for burial, funeral, or crime scene cleanup
9expenses pursuant to subdivision (a) of Section 13957. If the
10individual seeking compensation is a minor or is incompetent, the
11application shall be verified under penalty of perjury or on
12information and belief by the parent with legal custody, guardian,
13conservator, or relative caregiver of the victim or derivative victim
14for whom the application is made. However, if a minor seeks
15 compensation only for expenses for medical, medical-related,
16psychiatric, psychological, or other mental health
17counseling-related services and the minor is authorized by statute
18to consent to those services, the minor may verify the application
19for compensation under penalty of perjury.
20(2) For purposes of this subdivision, “relative caregiver” means
21a relative as defined in subdivision (h) of Section 6550 of the
22Family Code, who assumed primary responsibility for the child
P5 1while the child was in the relative’s care and control, and who is
2not a biological or adoptive parent.
3(c) (1) The board may require submission of additional
4information supporting the application that is reasonably necessary
5to verify the application and determine eligibility for compensation.
6(2) The staff of the board
shall determine whether an application
7for compensation contains all of the information required by the
8board. If the staff determines that an application does not contain
9all of the required information, the staff shall communicate that
10determination to the applicant with a brief statement of the
11additional information required. The applicant, within 30 calendar
12days of being notified that the application is incomplete, may either
13supply the additional information or appeal the staff’s
14determination to the board, which shall review the application to
15determine whether it is complete.
16(3) The board shall not require an applicant to submit
17documentation from the Internal Revenue Service, the Franchise
18Tax Board, the State Board of Equalization, the Social Security
19Administration, or the Employment Development Department in
20order to determine eligibility for compensation.
21(d) (1) The board may recognize an authorized representative
22of the victim or derivative victim, who shall represent the victim
23or derivative victim pursuant to rules adopted by the board.
24(2) For purposes of this subdivision, “authorized representative”
25means any of the following:
26(A) An attorney.
27(B) If the victim or derivative victim is a minor or an
28incompetent adult, the legal guardian or conservator, or an
29immediate family member, parent, or relative caregiver who is not
30the perpetrator of the crime that gave rise to the claim.
31(C) A victim assistance advocate certified pursuant to Section
3213835.10 of the Penal Code.
33(D) An immediate family member
of the victim or derivative
34victim, who has written authorization by the victim or derivative
35victim, and who is not the perpetrator of the crime that gave rise
36to the claim.
37(E) Other persons who shall represent the victim or derivative
38victim pursuant to rules adopted by the board.
P6 1(F) A county social worker designated by a county department
2of social services to represent a child abuse victim or an elder
3abuse victim if that victim is unable to file on his or her own behalf.
4(3) Except for attorney’s fees awarded under this chapter, no
5authorized representative described in paragraph (2) shall charge,
6demand, receive, or collect any amount for services rendered under
8(e) All correspondence by the board to an applicant shall be
9 written in English, Spanish,
begin delete and Chinese.end delete
Section 13955 of the Government Code is amended
Except as provided in Section 13956, a person shall be
15eligible for compensation when all of the following requirements
17(a) The person for whom compensation is being sought is any
18of the following:
19(1) A victim.
20(2) A derivative victim.
21(3) (A) A person who is entitled to reimbursement for funeral,
22burial, or crime scene cleanup expenses pursuant to paragraph (9)
23of subdivision (a) of Section 13957.
24(B) This paragraph applies
without respect to any felon status
25of the victim.
26(b) Either of the following conditions is met:
27(1) The crime occurred within this state, whether or not the
28victim is a resident of the state. This paragraph shall apply only
29during those time periods during which the board determines that
30federal funds are available to the state for the compensation of
31victims of crime.
32(2) Whether or not the crime occurred within the State of
33California, the victim was any of the following:
34(A) A resident of the state.
35(B) A member of the military stationed in California.
36(C) A family member living with a member of the military
37stationed in this state.
38(c) If compensation is being sought for a derivative victim, the
39derivative victim is a resident of this state, or resident of another
40state, who is any of the following:
P7 1(1) At the time of the crime was the parent, grandparent, sibling,
2spouse, child, or grandchild of the victim.
3(2) At the time of the crime was living in the household of the
5(3) At the time of the crime was a person who had previously
6lived in the household of the victim for a period of not less than
7two years in a relationship substantially similar to a relationship
8listed in paragraph (1).
9(4) Is another family member of the victim, including, but not
10limited to, the victim’s fiancé or fiancée, and who witnessed the
12(5) Is the primary caretaker of a minor victim, but was not the
13primary caretaker at the time of the crime.
14(d) The application is timely pursuant to Section 13953.
15(e) (1) Except as provided in paragraph (2), the injury or death
16was a direct result of a crime.
17(2) Notwithstanding paragraph (1), no act involving the
18operation of a motor vehicle, aircraft, or water vehicle that results
19in injury or death constitutes a crime for the purposes of this
20chapter, except when the injury or death from such an act was any
21of the following:
22(A) Intentionally inflicted through the use of a motor vehicle,
23aircraft, or water vehicle.
24(B) Caused by a driver who fails to stop at the scene of an
25accident in violation of Section 20001 of the Vehicle Code.
26(C) Caused by a person who is under the influence of any
27alcoholic beverage or drug.
28(D) Caused by a driver of a motor vehicle in the immediate act
29of fleeing the scene of a crime in which he or she knowingly and
31(E) Caused by a person who commits vehicular manslaughter
32in violation of subdivision (b) of Section 191.5, subdivision (c) of
33Section 192, or Section 192.5 of the Penal Code.
34(F) Caused by any party where a peace officer is operating a
35motor vehicle in an effort to apprehend a suspect, and the suspect
36is evading, fleeing, or otherwise attempting to elude the peace
38(f) As a direct result of the crime, the victim or derivative victim
39sustained one or more of the following:
P8 1(1) Physical injury. The board may presume a child who has
2been the witness of a crime of domestic violence has sustained
3physical injury. A child who resides in a home where a crime or
4crimes of domestic violence have occurred may be presumed by
5the board to have sustained physical injury, regardless of whether
6the child has witnessed the crime.
7(2) Emotional injury and a threat of physical injury.
8(3) Emotional injury, where the crime was a violation of any of
9the following provisions:
10(A) Section 236.1, 261, 262, 271, 273a, 273d, 285, 286, 288,
11288a, 288.5, or 289, or subdivision (b) or (c) of Section 311.4, of
12the Penal Code.
13(B) Section 270 of the Penal Code, where the emotional injury
14was a result of conduct other than a failure to pay child support,
15and criminal charges were filed.
16(C) Section 261.5 of the Penal Code, and criminal charges were
18(D) Section 278 or 278.5 of the Penal Code, where the
19deprivation of custody as described in those sections has endured
20for 30 calendar days or more. For purposes of this paragraph, the
21child, and not the nonoffending parent or other caretaker, shall be
22deemed the victim.
23(4) Injury to, or the death of, a guide, signal, or service dog, as
24defined in Section 54.1 of the Civil Code, as a result of a violation
25of Section 600.2 or 600.5 of the Penal Code.
26(5) Financial exploitation by a relative or caretaker for a victim
27who is 65 years of age or older and there is a reasonable fear of
28continued exploitation. In this instance, the victim shall only be
29eligible for compensation for mental health services and relocation
31(g) The injury or death has resulted or may result in pecuniary
32loss within the scope of compensation pursuant to Sections 13957
33to 13957.7, inclusive.
Section 13955.5 is added to the Government Code, to
Except as provided in Section 13956, a person who
37is a witness of a crime and 18 years of age or older at the time of
38the crime shall be eligible for counseling applicable to a victim of
Section 13956 of the Government Code is amended
Notwithstanding Section 13955, a person shall not be
5eligible for compensation under the following conditions:
6(a) An application shall be denied if the board finds that the
7victim or, if compensation is sought by or on behalf of a derivative
8victim, either the victim or derivative victim, knowingly and
9willingly participated in the commission of the crime that resulted
10in the pecuniary loss for which compensation is being sought
11pursuant to this chapter. However, this subdivision shall not apply
12if the injury or death occurred as a direct result of a crime
13committed in violation of Section 261, 262, or 273.5 of, or a crime
14of unlawful sexual intercourse with a minor committed in violation
15of subdivision (d) of Section 261.5 of, the Penal Code.
16(b) (1) An application shall be denied if the board finds that
17the victim or, if compensation is sought by, or on behalf of, a
18derivative victim, either the victim or derivative victim failed to
19cooperate reasonably with a law enforcement agency in the
20apprehension and conviction of a criminal committing the crime.
21However, in determining whether cooperation has been reasonable,
22the board shall consider the victim’s or derivative victim’s age,
23physical condition, and psychological state, cultural or linguistic
24barriers, any compelling health and safety concerns, including, but
25not limited to, a reasonable fear of retaliation or harm that would
26jeopardize the well-being of the victim or the victim’s family or
27the derivative victim or the derivative victim’s family, and giving
28due consideration to the degree of cooperation of which the victim
29or derivative victim is capable in light of the presence of any of
30these factors. An application for a claim shall not be denied
31pursuant to this paragraph in any case in which the victim is eligible
32for compensation as a minor.
33(2) An application for a claim based on domestic violence shall
34not be denied solely because no police report was made by the
35victim. The board shall adopt guidelines that allow the board to
36consider and approve applications for assistance based on domestic
37violence relying upon evidence other than a police report to
38establish that a domestic violence crime has occurred. Factors
39evidencing that a domestic violence crime has occurred may
40include, but are not limited to, medical records documenting
P10 1injuries consistent with allegations of domestic violence, mental
2health records, or the fact that the victim has obtained a temporary
3or permanent restraining order, or all of these.
4(3) An application for a claim based on human trafficking as
5 defined in Section 236.1 of the Penal Code shall not be denied
6solely because no police report was made by the victim. The board
7shall adopt guidelines that allow the board to consider and approve
8applications for assistance based on human trafficking relying
9upon evidence other than a police report to establish that a human
10trafficking crime as defined in Section 236.1 of the Penal Code
11has occurred. That evidence may include any reliable corroborating
12information approved by the board, including, but not limited to,
14(A) A Law Enforcement Agency Endorsement issued pursuant
15to Section 236.2 of the Penal Code.
16(B) A human trafficking caseworker, as identified in Section
171038.2 of the Evidence Code, has attested by affidavit that the
18individual was a victim of human trafficking.
19(4) (A) An application for a claim by a military personnel victim
20based on a sexual assault by another military personnel shall not
21be denied solely because it was not reported to a superior officer
22or law enforcement at the time of the crime.
23(B) Factors that the board shall consider for purposes of
24determining if a claim qualifies for compensation include, but are
25not limited to, the evidence of the following:
26(i) Restricted or unrestricted reports to a military victim
27advocate, sexual assault response coordinator, chaplain, attorney,
28or other military personnel.
29(ii) Medical or physical evidence consistent with sexual assault.
30(iii) A written or oral report from military law enforcement or
31a civilian law enforcement agency concluding that a sexual assault
32crime was committed against the victim.
33(iv) A letter or other written statement from a sexual assault
34counselor, as defined in Section 1035.2 of the Evidence Code,
35licensed therapist, or mental health counselor, stating that the
36victim is seeking services related to the allegation of sexual assault.
37(v) A credible witness to whom the victim disclosed the details
38that a sexual assault crime occurred.
39(vi) A restraining order from a military or civilian court against
40the perpetrator of the sexual assault.
P11 1(vii) Other behavior by the victim consistent with sexual assault.
2(C) For purposes of this subdivision, the sexual assault at issue
3shall have occurred during military service, including deployment.
4(D) For purposes of this subdivision, the sexual assault may
5have been committed off base.
6(E) For purposes of this subdivision, a “perpetrator” means an
7individual who is any of the following at the time of the sexual
9(i) An active duty military personnel from the United States
10Army, Navy, Marine Corps, Air Force, or Coast Guard.
11(ii) A civilian employee of any military branch specified in
12clause (i), military base, or military deployment.
13(iii) A contractor or agent of a private military or private security
15(iv) A member of the California National Guard.
16(F) For purposes of this subdivision, “sexual assault” means an
17offense included in Section 261, 262, 264.1, 286, 288a, or 289 of
18the Penal Code, as of the date the act that added this paragraph
20(c) An application for compensation may be denied, in whole
21or in part, if the board finds that denial is appropriate because of
22the nature of the victim’s or other applicant’s involvement in the
23events leading to the crime or the involvement of the persons whose
24injury or death gives rise to the application. In the case of a minor,
25the board shall consider the minor’s age, physical condition, and
26psychological state, as well as any compelling health and safety
27concerns, in determining whether the minor’s application should
28be denied pursuant to this section. The application of a derivative
29victim of domestic violence under 18 years of age or a derivative
30victim of trafficking under 18 years of age may not be denied on
31the basis of the denial of the victim’s application under this
33(d) (1) Notwithstanding Section 13955, a person who is
34convicted of a felony shall not be granted compensation until that
35person has been discharged from probation or has been released
36from a correctional institution and has been discharged from parole,
37if any, unless the compensation is solely used to fund mental health
38counseling. In no case shall compensation be granted to an
39applicant pursuant to this chapter during any period of time the
40applicant is held in a correctional institution.
P12 1(2) A person who has been convicted of a felony may apply for
2compensation pursuant to this chapter at any time, but the award
3of that compensation may not be considered until the applicant
4meets the requirements for compensation set forth in paragraph
6(3) Applications of victims who are not felons shall receive
7priority in the award of compensation over an application submitted
8by a felon who has met the requirements for compensation set
9forth in paragraph (1).
Section 13957 of the Government Code is amended
(a) The board may grant for pecuniary loss, when the
14board determines it will best aid the person seeking compensation,
16(1) Subject to the limitations set forth in Section 13957.2,
17reimburse the amount of medical or medical-related expenses
18incurred by the victim, including, but not limited to, eyeglasses,
19hearing aids, dentures, or any prosthetic device taken, lost, or
20destroyed during the commission of the crime, or the use of which
21became necessary as a direct result of the crime.
22(2) Subject to the limitations set forth in Section 13957.2,
23reimburse the amount of outpatient psychiatric, psychological, or
24other mental health counseling-related expenses incurred by the
25victim or derivative victim, including peer counseling services
26provided by a rape crisis center as defined by Section 13837 of
27the Penal Code, and including family psychiatric, psychological,
28or mental health counseling for the successful treatment of the
29victim provided to family members of the victim in the presence
30of the victim, whether or not the family member relationship
31existed at the time of the crime, that became necessary as a direct
32result of the crime, subject to the following conditions:
33(A) The following persons may be reimbursed for the expense
34of their outpatient mental health counseling in an amount not to
35exceed ten thousand dollars ($10,000):
36(i) A victim.
37(ii) A derivative victim who is the surviving parent, sibling,
38child, spouse, fiancé, or fiancée of a victim of a crime that directly
39resulted in the death of the victim.
P13 1(iii) A derivative victim, as described in paragraphs (1) to (4),
2inclusive, of subdivision (c) of Section 13955, who is the primary
3caretaker of a minor victim whose claim is not denied or reduced
4pursuant to Section 13956 in a total amount not to exceed ten
5thousand dollars ($10,000) for not more than two derivative
7(B) The following persons may be reimbursed for the expense
8of their outpatient mental health counseling in an amount not to
9exceed five thousand dollars ($5,000):
10(i) A derivative victim not eligible for reimbursement pursuant
11to subparagraph (A), provided that mental health counseling of a
12derivative victim described in paragraph (5) of subdivision (c) of
13Section 13955, shall be reimbursed only if that counseling is
14necessary for the treatment of the victim.
15(ii) A victim of a crime of unlawful sexual intercourse with a
16minor committed in violation of subdivision (d) of Section 261.5
17of the Penal Code. A derivative victim of a crime committed in
18violation of subdivision (d) of Section 261.5 of the Penal Code
19shall not be eligible for reimbursement of mental health counseling
21(iii) A minor who suffers emotional injury as a direct result of
22witnessing a violent crime and who is not eligible for
23reimbursement of the costs of outpatient mental health counseling
24under any other provision of this chapter. To be eligible for
25reimbursement under this clause, the minor must have been in
26close proximity to the victim when he or she witnessed the crime.
27(C) The board may reimburse a victim or derivative victim for
28outpatient mental health counseling in excess of that authorized
29by subparagraph (A) or (B) or for inpatient psychiatric,
30psychological, or other mental health counseling if the claim is
31based on dire or exceptional circumstances that require more
32extensive treatment, as approved by the board.
33(D) Expenses for psychiatric, psychological, or other mental
34health counseling-related services may be reimbursed only if the
35services were provided by either of the following individuals:
36(i) A person who would have been authorized to provide those
37services pursuant to former Article 1 (commencing with Section
3813959) as it read on January 1, 2002.
39(ii) A person who is licensed by the state to provide those
40services, or who is properly supervised by a person who is so
P14 1licensed, subject to the board’s approval and subject to the
2limitations and restrictions the board may impose.
3(3) Reimburse the expenses of nonmedical remedial care and
4treatment rendered in accordance with a religious method of healing
5recognized by state law.
6(4) Subject to the limitations set forth in Section 13957.5,
7authorize compensation equal to the loss of income or loss of
8support, or both, that a victim or derivative victim incurs as a direct
9result of the victim’s or derivative victim’s injury or the victim’s
10death. If the victim or derivative victim requests that the board
11give priority to reimbursement of loss of income or support, the
12board may not pay medical expenses, or mental health counseling
13expenses, except upon the request of the victim or derivative victim
14or after determining that payment of these expenses will not
15decrease the funds available for payment of loss of income or
17(5) Authorize a cash payment to or on behalf of the victim for
18job retraining or similar employment-oriented services.
19(6) Reimburse the claimant for the expense of installing or
20increasing residential security, not to exceed one thousand dollars
21($1,000). Reimbursement shall be made either upon verification
22by law enforcement that the security measures are necessary for
23the personal safety of the claimant or verification by a mental
24health treatment provider that the security measures are necessary
25for the emotional well-being of the claimant. For purposes of this
26paragraph, a claimant is the crime victim, or, if the victim is
27deceased, a person who resided with the deceased at the time of
28the crime. Installing or increasing residential security may include,
29but need not be limited to, both of the following:
30(A) Home security device or system.
31(B) Replacing or increasing the number of locks.
32(7) Reimburse the expense of renovating or retrofitting a
33victim’s residence or a vehicle, or both, to make the residence, the
34vehicle, or both, accessible or the vehicle operational by a victim
35upon verification that the expense is medically necessary for a
36victim who is permanently disabled as a direct result of the crime,
37whether the disability is partial or total.
38(8) (A) Authorize a cash payment or reimbursement not to
39exceed two thousand dollars ($2,000) to a victim for expenses
40incurred in relocating, if the expenses are determined by law
P15 1enforcement to be necessary for the personal safety of the victim
2or by a mental health treatment provider to be necessary for the
3emotional well-being of the victim.
4(B) The cash payment or reimbursement made under this
5paragraph shall only be awarded to one claimant per crime giving
6rise to the relocation. The board may authorize more than one
7relocation per crime if necessary for the personal safety or
8emotional well-being of the claimant. However, the total cash
9payment or reimbursement for all relocations due to the same crime
10shall not exceed two thousand dollars ($2,000). For purposes of
11this paragraph a claimant is the crime victim, or, if the victim is
12deceased, a person who resided with the deceased at the time of
14(C) The board may, under compelling circumstances, award a
15second cash payment or reimbursement to a victim for another
16crime if both of the following conditions are met:
17(i) The crime occurs more than three years from the date of the
18crime giving rise to the initial relocation cash payment or
20(ii) The crime does not involve the same offender.
21(D) When a relocation payment or reimbursement is provided
22to a victim of sexual assault or domestic violence and the identity
23of the offender is known to the victim, the victim shall agree not
24to inform the offender of the location of the victim’s new residence
25and not to allow the offender on the premises at any time, or shall
26agree to seek a restraining order against the offender.
27(E) Notwithstanding subparagraphs (A) and (B), the board may
28increase the cash payment or reimbursement for expenses incurred
29in relocating to an amount greater than two thousand dollars
30($2,000), if the board finds this amount is appropriate due to the
31unusual, dire, or exceptional circumstances of a particular claim.
32(9) When a victim dies as a result of a crime, the board may
33reimburse any individual who voluntarily, and without anticipation
34of personal gain, pays or assumes the obligation to pay any of the
36(A) The medical expenses incurred as a direct result of the crime
37in an amount not to exceed the rates or limitations established by
39(B) The funeral and burial expenses incurred as a direct result
40of the crime
begin delete in the amount ofend delete seven thousand five
P16 1hundred dollars ($7,500).
6(10) When the crime occurs in a residence, the board may
7reimburse any individual who voluntarily, and without anticipation
8of personal gain, pays or assumes the obligation to pay the
9reasonable costs to clean the scene of the crime in an amount not
10to exceed one thousand dollars ($1,000). Services reimbursed
11pursuant to this subdivision shall be performed by persons
12registered with the State Department of Public Health as trauma
13scene waste practitioners in accordance with Chapter 9.5
14(commencing with Section 118321) of Part 14 of Division 104 of
15the Health and Safety Code.
16(11) When the crime is a violation of
Section 600.2 or 600.5 of
17the Penal Code, the board may reimburse the expense of veterinary
18services, replacement costs, or other reasonable expenses, as
19ordered by the court pursuant to Section 600.2 or 600.5 of the
20Penal Code, in an amount not to exceed ten thousand dollars
22(b) The total award to or on behalf of each victim or derivative
23victim may not exceed thirty-five thousand dollars ($35,000),
24except that this amount may be increased to seventy thousand
25dollars ($70,000) if federal funds for that increase are available.
Section 13958 of the Government Code is amended
The board shall approve or deny applications, based
30on recommendations of the board staff, within 90 calendar days
31of acceptance by the board or victim center.
32(a) If the board does not meet the 90-day requirement prescribed
33in this subdivision, the board shall, thereafter, report to the
34Legislature, on a quarterly basis, its progress and its current average
35time of processing applications. These quarterly reports shall
36continue until the board meets the 90-day requirement for two
38(b) If the board fails to approve or deny an individual application
39within 90 days of the date it is accepted, pursuant to this
40subdivision, the board shall advise the applicant and his or her
P17 1representative, in writing, of the reason for the failure to approve
2or deny the application.
Section 13959 of the Government Code is amended
(a) The board shall grant a hearing to an applicant who
7believes he or she is entitled to compensation pursuant to this
8chapter to contest a staff recommendation to deny compensation
9in whole or in part.
10(b) The board shall notify the applicant not less than 10 days
11prior to the date of the hearing. Notwithstanding Section 11123,
12if the application that the board is considering involves either a
13crime against a minor, a crime of sexual assault, or a crime of
14domestic violence, the board may exclude from the hearing all
15persons other than board members and members of its staff, the
16applicant for benefits, a minor applicant’s parents or guardians,
17the applicant’s representative, witnesses, and other persons of the
18applicant’s choice to provide assistance to the applicant during the
19hearing. However, the board shall not exclude persons from the
20hearing if the applicant or applicant’s representative requests that
21the hearing be open to the public.
22(c) At the hearing, the person seeking compensation shall have
23the burden of establishing, by a preponderance of the evidence,
24the elements for eligibility under Section 13955.
25(d) Except as otherwise provided by law, in making
26determinations of eligibility for compensation and in deciding
27upon the amount of compensation, the board shall apply the law
28in effect as of the date an application was submitted.
29(e) (1) The hearing shall be informal and need not be conducted
30according to the technical rules relating to evidence and witnesses.
31The board may rely on any relevant evidence if it is the sort of
32evidence on which responsible persons are accustomed to rely in
33the conduct of serious affairs, regardless of the existence of a
34common law or statutory rule that might make improper the
35admission of the evidence over objection in a civil action. The
36board may rely on written reports prepared for the board, or other
37information received, from public agencies responsible for
38investigating the crime. If the applicant or the applicant’s
39representative chooses not to appear at the hearing, the board may
P18 1act solely upon the application for compensation, the staff’s report,
2and other evidence that appears in the record.
3(2) The board shall allow
begin delete anend delete animal to accompany and
4support a witness while testifying at a hearing.
5(f) Hearings shall be held in various locations with the frequency
6necessary to provide for the speedy adjudication of the applications.
7If the applicant’s presence is required at the hearing, the board
8shall schedule the applicant’s hearing in as convenient a location
10(g) The board may delegate the hearing of applications to
12(h) The decisions of the board shall be in writing. Copies of the
13decisions shall be delivered to the applicant or to his or her
14representative personally or sent to him or her by mail.
15(i) The board may order a reconsideration of all or part of a
16decision on written request of the applicant. The board shall not
17grant more than one request for reconsideration with respect to
18any one decision on an application for compensation. The board
19shall not consider any request for reconsideration filed with the
20board more than 30 calendar days after the personal delivery or
2160 calendar days after the mailing of the original decision.
22(j) The board may order a reconsideration of all or part of a
23decision on its own motion, at its discretion, at any time.
Section 1050 of the Penal Code is amended to read:
(a) The welfare of the people of the State of California
27requires that all proceedings in criminal cases shall be set for trial
28and heard and determined at the earliest possible time. To this end,
29the Legislature finds that the criminal courts are becoming
30increasingly congested with resulting adverse consequences to the
31welfare of the people and the defendant. Excessive continuances
32contribute substantially to this congestion and cause substantial
33hardship to victims and other witnesses. Continuances also lead
34to longer periods of presentence confinement for those defendants
35in custody and the concomitant overcrowding and increased
36expenses of local jails. It is therefore recognized that the people,
37the defendant, and the victims and other witnesses have the right
38to an expeditious disposition, and to that end it shall be the duty
39of all courts and judicial officers and of all counsel, both for the
40prosecution and the defense, to expedite these proceedings to the
P19 1greatest degree that is consistent with the ends of justice. In
2accordance with this policy, criminal cases shall be given
3precedence over, and set for trial and heard without regard to the
4pendency of, any civil matters or proceedings. In further accordance
5with this policy, death penalty cases in which both the prosecution
6and the defense have informed the court that they are prepared to
7proceed to trial shall be given precedence over, and set for trial
8and heard without regard to the pendency of, other criminal cases
9and any civil matters or proceedings, unless the court finds in the
10interest of justice that it is not appropriate.
11(b) To continue any hearing in a criminal proceeding, including
12the trial, (1) a written notice shall be filed and served on all parties
13to the proceeding at least two court days before the hearing sought
14to be continued, together with affidavits or declarations detailing
15specific facts showing that a continuance is necessary and (2)
16within two court days of learning that he or she has a conflict in
17the scheduling of any court hearing, including a trial, an attorney
18shall notify the calendar clerk of each court involved, in writing,
19indicating which hearing was set first. A party shall not be deemed
20to have been served within the meaning of this section until that
21party actually has received a copy of the documents to be served,
22unless the party, after receiving actual notice of the request for
23continuance, waives the right to have the documents served in a
24timely manner. Regardless of the proponent of the motion, the
25prosecuting attorney shall notify the people’s witnesses and the
26defense attorney shall notify the defense’s witnesses of the notice
27of motion, the date of the hearing, and the witnesses’ right to be
28heard by the court.
29(c) Notwithstanding subdivision (b), a party may make a motion
30for a continuance without complying with the requirements of that
31subdivision. However, unless the moving party shows good cause
32for the failure to comply with those requirements, the court may
33impose sanctions as provided in Section 1050.5.
34(d) When a party makes a motion for a continuance without
35complying with the requirements of subdivision (b), the court shall
36hold a hearing on whether there is good cause for the failure to
37comply with those requirements. At the conclusion of the hearing,
38the court shall make a finding whether good cause has been shown
39and, if it finds that there is good cause, shall state on the record
40the facts proved that justify its finding. A statement of the finding
P20 1and a statement of facts proved shall be entered in the minutes. If
2the moving party is unable to show good cause for the failure to
3give notice, the motion for continuance shall not be granted.
4(e) Continuances shall be granted only upon a showing of good
5cause. Neither the convenience of the parties nor a stipulation of
6the parties is in and of itself good cause.
7(f) At the conclusion of the motion for continuance, the court
8shall make a finding whether good cause has been shown and, if
9it finds that there is good cause, shall state on the record the facts
10proved that justify its finding. A statement of facts proved shall
11be entered in the minutes.
12(g) (1) When deciding whether or not good cause for a
13continuance has been shown, the court shall consider the general
14convenience and prior commitments of all witnesses, including
15peace officers. Both the general convenience and prior
16commitments of each witness also shall be considered in selecting
17a continuance date if the motion is granted. The facts as to
18inconvenience or prior commitments may be offered by the witness
19or by a party to the case.
20(2) For purposes of this section, “good cause” includes, but is
21not limited to, those cases involving murder, as defined in
22subdivision (a) of Section 187, allegations that stalking, as defined
23in Section 646.9, a violation of one or more of the sections
24specified in subdivision (a) of Section 11165.1 or Section 11165.6,
begin delete orend delete domestic begin delete violenceend delete as defined in Section 13700, or a case being handled in the Career Criminal
29Prosecution Program pursuant to Sections 999b through 999h,
begin delete or
and the prosecuting attorney assigned
30a hate crime, as defined in Title 11.6 (commencing with Section
31422.6) of Part 1, has occurredend delete
32to the case has another trial, preliminary hearing, or motion to
33suppress in progress in that court or another court. A continuance
34under this paragraph shall be limited to a maximum of 10 additional
36(3) Only one continuance per case may be granted to the people
37under this subdivision for cases involving stalking, hate crimes,
38or cases handled under the Career Criminal Prosecution Program.
39Any continuance granted to the people in a case involving stalking
P21 1or handled under the Career Criminal Prosecution Program shall
2be for the shortest time possible, not to exceed 10 court days.
3(4) For purposes of this section, “good cause” shall be deemed
4to exist when a witness, who is the victim of the charged crime
5and has previously been the victim of elder abuse, as defined in
6Section 368, or a crime described in Section 290, cannot be present
7due to psychological or emotional distress resulting from that prior
9(h) Upon a showing that the attorney of record at the time of
10the defendant’s first appearance in the superior court on an
11indictment or information is a Member of the Legislature of this
12state and that the Legislature is in session or that a legislative
13interim committee of which the attorney is a duly appointed
14member is meeting or is to meet within the next seven days, the
15defendant shall be entitled to a reasonable continuance not to
16exceed 30 days.
17(i) A continuance shall be granted only for that period of time
18shown to be necessary by the evidence considered at the hearing
19on the motion. Whenever any continuance is granted, the court
20shall state on the record the facts proved that justify the length of
21the continuance, and those facts shall be entered in the minutes.
22(j) Whenever it shall appear that any court may
23because of the condition of its calendar, to dismiss an action
24pursuant to Section 1382, the court must immediately notify the
25Chair of the Judicial Council.
26(k) This section shall not apply when the preliminary
27examination is set on a date less than 10 court days from the date
28of the defendant’s arraignment on the complaint, and the
29prosecution or the defendant moves to continue the preliminary
30examination to a date not more than 10 court days from the date
31of the defendant’s arraignment on the complaint.
32(l) This section is directory only and does not mandate dismissal
33of an action by its terms.
Section 1202.4 of the Penal Code is amended to read:
(a) (1) It is the intent of the Legislature that a victim
37of crime who incurs an economic loss as a result of the commission
38of a crime shall receive restitution directly from a defendant
39convicted of that crime.
P22 1(2) Upon a person being convicted of a crime in the State of
2California, the court shall order the defendant to pay a fine in the
3form of a penalty assessment in accordance with Section 1464.
4(3) The court, in addition to any other penalty provided or
5imposed under the law, shall order the defendant to pay both of
7(A) A restitution fine in accordance with subdivision (b).
8(B) Restitution to the victim or victims, if any, in accordance
9with subdivision (f), which shall be enforceable as if the order
10were a civil judgment.
11(b) In every case where a person is convicted of a crime, the
12court shall impose a separate and additional restitution fine, unless
13it finds compelling and extraordinary reasons for not doing so and
14states those reasons on the record.
15(1) The restitution fine shall be set at the discretion of the court
16and commensurate with the seriousness of the offense. If the person
17is convicted of a felony, the fine shall not be less than two hundred
18forty dollars ($240) starting on January 1, 2012, two hundred eighty
19dollars ($280) starting on January 1, 2013, and three hundred
20dollars ($300) starting on January 1, 2014, and not more than ten
21thousand dollars ($10,000). If the person is convicted of a
22misdemeanor, the fine shall not be less than one hundred twenty
23dollars ($120) starting on January 1, 2012, one hundred forty
24dollars ($140) starting on January 1, 2013, and one hundred fifty
25dollars ($150) starting on January 1, 2014, and not more than one
26thousand dollars ($1,000).
27(2) In setting a felony restitution fine, the court may determine
28the amount of the fine as the product of the minimum fine pursuant
29to paragraph (1) multiplied by the number of years of imprisonment
30the defendant is ordered to serve, multiplied by the number of
31felony counts of which the defendant is convicted.
32(c) The court shall impose the restitution fine unless it finds
33compelling and extraordinary reasons for not doing so and states
34those reasons on the record. A defendant’s inability to pay shall
35not be considered a compelling and extraordinary reason not to
36impose a restitution fine. Inability to pay may be considered only
37in increasing the amount of the restitution fine in excess of the
38minimum fine pursuant to paragraph (1) of subdivision (b). The
39court may specify that funds confiscated at the time of the
40defendant’s arrest, except for funds confiscated pursuant to Section
P23 111469 of the Health and Safety Code, be applied to the restitution
2fine if the funds are not exempt for spousal or child support or
3subject to any other legal exemption.
4(d) In setting the amount of the fine pursuant to subdivision (b)
5in excess of the minimum fine pursuant to paragraph (1) of
6subdivision (b), the court shall consider any relevant factors,
7including, but not limited to, the defendant’s inability to pay, the
8seriousness and gravity of the offense and the circumstances of its
9commission, any economic gain derived by the defendant as a
10result of the crime, the extent to which any other person suffered
11losses as a result of the crime, and the number of victims involved
12in the crime. Those losses may include pecuniary losses to the
13victim or his or her dependents as well as intangible losses, such
14as psychological harm caused by the crime. Consideration of a
15defendant’s inability to pay may include his or her future earning
16capacity. A defendant shall bear the burden of demonstrating his
17or her inability to pay. Express findings by the court as to the
18factors bearing on the amount of the fine shall not be required. A
19separate hearing for the fine shall not be required.
20(e) The restitution fine shall not be subject to penalty
21assessments authorized in Section 1464 or Chapter 12
22(commencing with Section 76000) of Title 8 of the Government
23Code, or the state surcharge authorized in Section 1465.7, and
24shall be deposited in the Restitution Fund in the State Treasury.
25(f) Except as provided in
subdivisions (q) and (r), in every case
26in which a victim has suffered economic loss as a result of the
27defendant’s conduct, the court shall require that the defendant
28make restitution to the victim or victims in an amount established
29by court order, based on the amount of loss claimed by the victim
30or victims or any other showing to the court. If the amount of loss
31cannot be ascertained at the time of sentencing, the restitution
32order shall include a provision that the amount shall be determined
33at the direction of the court. The court shall order full restitution
34unless it finds compelling and extraordinary reasons for not doing
35so and states them on the record. The court may specify that funds
36confiscated at the time of the defendant’s arrest, except for funds
37confiscated pursuant to Section 11469 of the Health and Safety
38Code, be applied to the restitution order if the funds are not exempt
39for spousal or child support or subject to any other legal exemption.
P24 1(1) The defendant has the right to a hearing before a judge to
2dispute the determination of the amount of restitution. The court
3may modify the amount, on its own motion or on the motion of
4the district attorney, the victim or victims, or the defendant. If a
5motion is made for modification of a restitution order, the victim
6shall be notified of that motion at least 10 days prior to the
7proceeding held to decide the motion. A
begin delete witnessend delete at a
8restitution hearing or modification hearing described in this
9paragraph may testify by live, two-way audio and video
begin delete transmission.end delete
12(2) Determination of the amount of restitution ordered pursuant
13to this subdivision shall not be affected by the indemnification or
14subrogation rights of a third party. Restitution ordered pursuant to
15this subdivision shall be ordered to be deposited to the Restitution
16Fund to the extent that the victim, as defined in subdivision (k),
17has received assistance from the California Victim Compensation
18and Government Claims Board pursuant to Chapter 5 (commencing
19with Section 13950) of Part 4 of Division 3 of Title 2 of the
21(3) To the extent possible, the restitution order shall be prepared
22by the sentencing court, shall identify each victim and each loss
23to which it pertains, and shall be of a dollar amount that is sufficient
24to fully reimburse the victim or victims for every determined
25economic loss incurred as the result of the defendant’s criminal
26conduct, including, but not limited to, all of the following:
27(A) Full or partial payment for the value of stolen or damaged
28property. The value of stolen or damaged property shall be the
29replacement cost of like property, or the actual cost of repairing
30the property when repair is possible.
31(B) Medical expenses.
32(C) Mental health counseling expenses.
33(D) Wages or profits lost due to injury incurred by the victim,
34and if the victim is a minor, wages or profits lost by the minor’s
35parent, parents, guardian, or guardians, while caring for the injured
36minor. Lost wages shall include commission income as well as
37base wages. Commission income shall be established by evidence
38of commission income during the 12-month period prior to the
39date of the crime for which restitution is being ordered, unless
40good cause for a shorter time period is shown.
P25 1(E) Wages or profits lost by the victim, and if the victim is a
2minor, wages or profits lost by the minor’s parent, parents,
3guardian, or guardians, due to time spent as a witness or in assisting
4the police or prosecution. Lost wages shall include commission
5income as well as base wages. Commission income shall be
6established by evidence of commission income during the
712-month period prior to the date of the crime for which restitution
8is being ordered, unless good cause for a shorter time period is
10(F) Noneconomic losses, including, but not limited to,
11psychological harm, for felony violations of Section 288.
12(G) Interest, at the
rate of 10 percent per annum, that accrues
13as of the date of sentencing or loss, as determined by the court.
14(H) Actual and reasonable attorney’s fees and other costs of
15collection accrued by a private entity on behalf of the victim.
16(I) Expenses incurred by an adult victim in relocating away
17from the defendant, including, but not limited to, deposits for
18utilities and telephone service, deposits for rental housing,
19temporary lodging and food expenses, clothing, and personal items.
20Expenses incurred pursuant to this section shall be verified by law
21enforcement to be necessary for the personal safety of the victim
22or by a mental health treatment provider to be necessary for the
23emotional well-being of the victim.
24(J) Expenses to install or increase residential security incurred
25related to a violent felony, as defined in subdivision (c) of Section
26667.5, including, but not limited to, a home security device or
27system, or replacing or increasing the number of locks.
28(K) Expenses to retrofit a residence or vehicle, or both, to make
29the residence accessible to or the vehicle operational by the victim,
30if the victim is permanently disabled, whether the disability is
31partial or total, as a direct result of the crime.
32(L) Expenses for a period of time reasonably necessary to make
33the victim whole, for the costs to monitor the credit report of, and
34for the costs to repair the credit of, a victim of identity theft, as
35defined in Section 530.5.
36(4) (A) If, as a result of the defendant’s conduct, the Restitution
37Fund has provided assistance to or on behalf of a victim or
38derivative victim pursuant to Chapter 5 (commencing with Section
3913950) of Part 4 of Division 3 of Title 2 of the Government Code,
40the amount of assistance provided shall be presumed to be a direct
P26 1result of the defendant’s criminal conduct and shall be included
2in the amount of the restitution ordered.
3(B) The amount of assistance provided by the Restitution Fund
4shall be established by copies of bills submitted to the California
5Victim Compensation and Government Claims Board reflecting
6the amount paid by the board and whether the services for which
7payment was made were for medical or dental expenses, funeral
8or burial expenses, mental health counseling, wage or support
9losses, or rehabilitation. Certified copies of these bills provided
10by the board and redacted to protect the privacy and safety of the
11victim or any legal privilege, together with a statement made under
12penalty of perjury by the custodian of records that those bills were
13submitted to and were paid by the board, shall be sufficient to meet
15(C) If the defendant offers evidence to rebut the presumption
16established by this paragraph, the court may release additional
17information contained in the records of the board to the defendant
18only after reviewing that information in camera and finding that
19the information is necessary for the defendant to dispute the amount
20of the restitution order.
21(5) Except as provided in paragraph (6), in any case in which
22an order may be entered pursuant to this subdivision, the defendant
23shall prepare and file a disclosure identifying all assets, income,
24and liabilities in which the defendant held or controlled a present
25or future interest as of the date of the defendant’s arrest for the
26crime for which restitution may be ordered. The financial disclosure
27statements shall be made available to the victim and the board
28pursuant to Section 1214. The disclosure shall be signed by the
29defendant upon a form approved or adopted by the Judicial Council
30for the purpose of facilitating the disclosure. A defendant who
31willfully states as true a material matter that he or she knows to
32be false on the disclosure required by this subdivision is guilty of
33a misdemeanor, unless this conduct is punishable as perjury or
34another provision of law provides for a greater penalty.
35(6) A defendant who fails to file the financial disclosure required
36in paragraph (5), but who has filed a financial affidavit or financial
37information pursuant to subdivision (c) of Section 987, shall be
38deemed to have waived the confidentiality of that affidavit or
39financial information as to a victim in whose favor the order of
40restitution is entered pursuant to subdivision (f). The affidavit or
P27 1information shall serve in lieu of the financial disclosure required
2in paragraph (5), and paragraphs (7) to (10), inclusive, shall not
4(7) Except as provided in paragraph (6), the defendant shall file
5the disclosure with the clerk of the court no later than the date set
6for the defendant’s sentencing, unless otherwise directed by the
7court. The disclosure may be inspected or copied as provided by
8subdivision (b), (c), or (d) of Section 1203.05.
9(8) In its discretion, the court may relieve the defendant of the
10duty under paragraph (7) of filing with the clerk by requiring that
11the defendant’s disclosure be submitted as an attachment to, and
12be available to, those authorized to receive the following:
13(A) A report submitted pursuant to subparagraph (C) of
14paragraph (2) of subdivision (b) of Section 1203 or subdivision
15(g) of Section 1203.
16(B) A stipulation submitted pursuant to
paragraph (4) of
17subdivision (b) of Section 1203.
18(C) A report by the probation officer, or information submitted
19by the defendant applying for a conditional sentence pursuant to
20subdivision (d) of Section 1203.
21(9) The court may consider a defendant’s unreasonable failure
22to make a complete disclosure pursuant to paragraph (5) as any of
24(A) A circumstance in aggravation of the crime in imposing a
25term under subdivision (b) of Section 1170.
26(B) A factor indicating that the interests of justice would not be
27served by admitting the defendant to probation under Section 1203.
28(C) A factor indicating that the interests of justice would not be
29served by conditionally sentencing the defendant under Section
31(D) A factor indicating that the interests of justice would not
32be served by imposing less than the maximum fine and sentence
33fixed by law for the case.
34(10) A defendant’s failure or refusal to make the required
35disclosure pursuant to paragraph (5) shall not delay entry of an
36order of restitution or pronouncement of sentence. In appropriate
37cases, the court may do any of the following:
38(A) Require the defendant to be examined by the district attorney
39pursuant to subdivision (h).
P28 1(B) If sentencing the defendant under Section 1170, provide
2that the victim shall receive a copy of the portion of the probation
3report filed pursuant to Section 1203.10 concerning the defendant’s
4employment, occupation, finances, and liabilities.
5(C) If sentencing the defendant under Section 1203, set a date
6and place for submission of the disclosure required by paragraph
7(5) as a condition of probation or suspended sentence.
8(11) If a defendant has any remaining unpaid balance on a
9restitution order or fine 120 days prior to his or her scheduled
10release from probation or 120 days prior to his or her completion
11of a conditional sentence, the defendant shall prepare and file a
12new and updated financial disclosure identifying all assets, income,
13and liabilities in which the defendant holds or controls or has held
14or controlled a present or future interest during the defendant’s
15period of probation or conditional sentence. The financial
16disclosure shall be made available to the victim and the board
17pursuant to Section 1214. The disclosure shall be signed and
18prepared by the defendant on the same form as described in
19paragraph (5). A defendant who willfully states as true a material
20matter that he or she knows to be false on the disclosure required
21by this subdivision is guilty of a misdemeanor, unless this conduct
22is punishable as perjury or another provision of law provides for
23a greater penalty. The financial disclosure required by this
24paragraph shall be filed with the clerk of the court no later than
2590 days prior to the defendant’s scheduled release from probation
26or completion of the defendant’s conditional sentence.
27(12) In cases where an employer is convicted of a crime against
28an employee, a payment to the employee or the employee’s
29dependent that is made by the employer’s workers’ compensation
30insurance carrier shall not be used to offset the amount of the
31restitution order unless the court finds that the defendant
32substantially met the obligation to pay premiums for that insurance
34(g) The court shall order full restitution unless it finds
35compelling and extraordinary reasons for not doing so and states
36those reasons on the record. A defendant’s inability to pay shall
37not be considered a compelling and extraordinary reason not to
38impose a restitution order, nor shall inability to pay be a
39consideration in determining the amount of a restitution order.
P29 1(h) The district attorney may request an order of examination
2pursuant to the procedures specified in Article 2 (commencing
3with Section 708.110) of Chapter 6 of Division 2 of Title 9 of Part
42 of the Code of Civil Procedure, in order to determine the
5defendant’s financial assets for purposes of collecting on the
7(i) A restitution order imposed pursuant to subdivision (f) shall
8be enforceable as if the order were a civil judgment.
9(j) The making of a restitution order pursuant to subdivision (f)
10shall not affect the right of a victim to recovery from the Restitution
11Fund as otherwise provided by law, except to the extent that
12restitution is actually collected pursuant to the order. Restitution
13collected pursuant to this subdivision shall be credited to any other
14judgments for the same losses obtained against the defendant
15arising out of the crime for which the defendant was convicted.
16(k) For purposes of this section, “victim” shall include all of
18(1) The immediate surviving family of the actual victim.
19(2) A corporation, business trust, estate, trust, partnership,
20association, joint venture, government, governmental subdivision,
21agency, or instrumentality, or any other legal or commercial entity
22when that entity is a direct victim of a crime.
23(3) A person who has sustained economic loss as the result of
24a crime and who satisfies any of the following conditions:
25(A) At the time of the crime was the parent, grandparent, sibling,
26spouse, child, or grandchild of the victim.
27(B) At the time of the crime was living in the household of the
29(C) At the time of the crime was a person who had previously
30lived in the household of the victim for a period of not less than
31two years in a relationship substantially similar to a relationship
32listed in subparagraph (A).
33(D) Is another family member of the victim, including, but not
34limited to, the victim’s fiancé or fiancée, and who witnessed the
36(E) Is the primary caretaker of a minor victim.
37(4) A person who is eligible to receive assistance from the
38Restitution Fund pursuant to Chapter 5 (commencing with Section
3913950) of Part 4 of Division 3 of Title 2 of the Government Code.
P30 1(5) A governmental entity that is responsible for repairing,
2replacing, or restoring public or privately owned property that has
3been defaced with graffiti or other inscribed material, as defined
4in subdivision (e) of Section 594, and that has sustained an
5economic loss as the result of a violation of Section 594, 594.3,
6594.4, 640.5, 640.6, or 640.7 of the Penal Code.
7(l) At its discretion, the board of supervisors of a county may
8impose a fee to cover the actual administrative cost of collecting
9the restitution fine, not to exceed 10 percent of the amount ordered
10to be paid, to be added to the restitution fine and included in the
11order of the court, the proceeds of which shall be deposited in the
12general fund of the county.
13(m) In every case in which the defendant is granted probation,
14the court shall make the payment of restitution fines and orders
15imposed pursuant to this section a condition of probation. Any
16portion of a restitution order that remains unsatisfied after a
17defendant is no longer on probation shall continue to be enforceable
18by a victim pursuant to Section 1214 until the obligation is
20(n) If the court finds and states on the record compelling and
21extraordinary reasons why a restitution fine or full restitution order
22should not be required, the court shall order, as a condition of
23probation, that the defendant perform specified community service,
24unless it finds and states on the record compelling and
25extraordinary reasons not to require community service in addition
26to the finding that restitution should not be required. Upon
27revocation of probation, the court shall impose restitution pursuant
28to this section.
29(o) The provisions of Section 13963 of the Government Code
30shall apply to restitution imposed pursuant to this section.
31(p) The court clerk shall notify the California Victim
32Compensation and Government Claims Board within 90 days of
33an order of restitution being imposed if the defendant is ordered
34to pay restitution to the board due to the victim receiving
35compensation from the Restitution Fund. Notification shall be
36accomplished by mailing a copy of the court order to the board,
37which may be done periodically by bulk mail or email.
38(q) Upon conviction for a violation of Section 236.1, the court
39shall, in addition to any other penalty or restitution, order the
40defendant to pay restitution to the victim in a case in which a victim
P31 1has suffered economic loss as a result of the defendant’s conduct.
2The court shall require that the defendant make restitution to the
3victim or victims in an amount established by court order, based
4on the amount of loss claimed by the victim or victims or another
5showing to the court. In determining restitution pursuant to this
6section, the court shall base its order upon the greater of the
7following: the gross value of the victim’s labor or services based
8upon the comparable value of similar services in the labor market
9in which the offense occurred, or the value of the victim’s labor
10as guaranteed under California law, or the actual income derived
11by the defendant from the victim’s labor or services or any other
12appropriate means to provide reparations to the victim.
13(r) (1) In addition to any other penalty or fine, the court shall
14order a person who has been convicted of a violation of Section
15350, 653h, 653s, 653u, 653w, or 653aa that involves a recording
16or audiovisual work to make restitution to an owner or lawful
17producer, or trade association acting on behalf of the owner or
18lawful producer, of a phonograph record, disc, wire, tape, film, or
19other device or article from which sounds or visual images are
20derived that suffered economic loss resulting from the violation.
21The order of restitution shall be based on the aggregate wholesale
22value of lawfully manufactured and authorized devices or articles
23from which sounds or visual images are devised corresponding to
24the number of nonconforming devices or articles involved in the
25offense, unless a higher value can be proved in the case of (A) an
26unreleased audio work, or (B) an audiovisual work that, at the time
27of unauthorized distribution, has not been made available in copies
28for sale to the general public in the United States on a digital
29versatile disc. For purposes of this subdivision, possession of
30nonconforming devices or articles intended for sale constitutes
31actual economic loss to an owner or lawful producer in the form
32of displaced legitimate wholesale purchases. The order of
33restitution shall also include reasonable costs incurred as a result
34of an investigation of the violation undertaken by the owner, lawful
35producer, or trade association acting on behalf of the owner or
36lawful producer. “Aggregate wholesale value” means the average
37wholesale value of lawfully manufactured and authorized sound
38or audiovisual recordings. Proof of the specific wholesale value
39of each nonconforming device or article is not required.
P32 1(2) As used in this subdivision, “audiovisual work” and
2“recording” shall have the same meaning as in Section 653w.
All matter omitted in this version of the bill appears in the bill as amended in the Senate, April 6, 2015. (JR11)