BILL ANALYSIS Ó
SB 519
Page 1
SENATE THIRD READING
SB
519 (Hancock)
As Amended July 16, 2015
2/3 vote
SENATE VOTE: 40-0
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Public Safety |7-0 |Quirk, Melendez, | |
| | |Jones-Sawyer, Lackey, | |
| | |Lopez, Low, Santiago | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |17-0 |Gomez, Bigelow, | |
| | |Bloom, Bonta, | |
| | |Calderon, Chang, | |
| | |Nazarian, Eggman, | |
| | |Gallagher, Eduardo | |
| | |Garcia, Holden, | |
| | |Jones, Quirk, Rendon, | |
| | |Wagner, Weber, Wood | |
| | | | |
| | | | |
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SB 519
Page 2
SUMMARY: Makes reforms to rules governing the processing of
claims by the California Victim Compensation and Government
Claims Board (board). Specifically, this bill:
1)Prohibits 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.
2)Requires all correspondence by the board to an applicant to be
written in specified languages.
3)Prohibits the denial of a claim for a victim who is a minor
based on the grounds of failing to cooperate with law
enforcement.
4)Provides that a felon on probation or parole is eligible for
compensation for mental health counseling despite this status.
5)Prohibits the board from establishing policy or regulations
limiting the amount recoverable for funeral expenses to less
than $7,500.
6)Requires the board to approve or deny an application within 90
days of acceptance.
7)Allows an applicant to be accompanied by a service animal at a
hearing to contest the denial of a claim.
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8)Permits a crime victim to testify at a restitution hearing or
a modification hearing by live, two-way audio and video
transmission, if it is available at the court.
EXISTING LAW:
1)Establishes the board to operate the California Victim
Compensation Program (CalVCP).
2)Provides than an application for compensation shall be filed
with the board in the manner determined by the board.
3)States that, except as provided by specified sections of the
Government Code, 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.
iii) A person who is entitled to reimbursement for
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 within California, whether or not
the victim is a resident of California. This only
applies when the VCGCB determines that there are federal
funds available to the state for the compensation of
crime victims.
ii) Whether or not the crime occurred within the State
of California, the victim was any of the following:
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(1) A California resident.
(2) A member of the military stationed in
California.
(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 the
resident of another state who is any of the following:
i) At the time of the crimes was the parent,
grandparent, sibling, spouse, child or grandchild of the
victim.
ii) At the time of the crime was living in the household
of the victim.
iii) At the time of the crime was a person who had
previously lived in the house of the victim for a person
of not less than two years in a relationship
substantially similar to a previously listed
relationship.
iv) Another family member of the victim including, but
not limited to, the victim's fiancé or fiancée, and who
witnessed the crime.
v) Is the primary caretaker of a minor victim, but was
not the primary caretaker at the time of the crime.
d) And other specified requirements.
4)States that an application shall be denied if the board finds
that the victim failed to reasonably cooperate with law
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enforcement in prosecution of the crime.
5)Disqualifies certain individuals from eligibility, including a
participant in the crime for which compensation is being
sought, and persons convicted of a felony who are currently on
probation or parole.
6)Authorizes the board to reimburse for pecuniary loss for the
following types of losses:
a) The amount of medical or medical-related expenses
incurred by the victim, subject to specified limitations.
b) The amount of out-patient psychiatric, psychological or
other mental health counseling-related expenses incurred by
the victim, as specified, including peer counseling
services provided by a rape crisis center.
c) The expenses of non-medical remedial care and treatment
rendered in accordance with a religious method of healing
recognized by state law.
d) 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, subject to specified limitations.
e) Cash payment to, or on behalf of, the victim for job
retraining or similar employment-oriented services.
f) The expense of installing or increasing residential
security, not to exceed $1,000, with respect to a crime
that occurred in the victim's residence, upon verification
by law enforcement to be necessary for the personal safety
of the victim or by a mental health treatment provider to
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be necessary for the emotional well-being of the victim.
g) The expense of renovating or retrofitting a victim's
residence or a vehicle to make them accessible or
operational, if it is medically necessary.
h) Expenses incurred in relocating, as specified, if the
expenses are determined by law enforcement to be necessary
for the personal safety or by a mental health treatment
provider to be necessary for the emotional well-being of
the victim.
7)Limits the total award to or on behalf of each victim to
$35,000, except that this amount may be increased to $70,000
if federal funds for that increase are available.
8)Requires the board to approve or deny applications, based on
recommendations by the board staff, within an average of 90
calendar days and no later than 180 calendar days of
acceptance by the board.
9)Requires the board, if it fails to meet the 90-day average, to
report to the Legislature on a quarterly basis its progress
and current average processing time.
FISCAL EFFECT: According to the Assembly Appropriations
Committee:
1)Moderate administrative costs to the board to make a
determination within the required 90 days of receipt of the
claim, since this will increase the number of appeals. If a
claim is incomplete, the board will deny the claim and the
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claimant will appeal the decision. The language requirement
for all correspondence is consistent with current board
practice.
2)Increased ongoing claim costs in the $200,000 (General Fund)
range, $100,000 to provide mental health counseling for felons
and $100,000 to reimburse qualifying minors. The $7,500
minimum reimbursement for funeral expense is the current
reimbursement rate
COMMENTS: According to the author, "It should not be surprising
that crime incurs all kinds of costs on its victims. In 2004, a
National Institute of Justice report estimated that the
nationwide costs of crime are $105 billion per year. When
factoring in pain-and-suffering and reduced quality of life,
that figure jumps to $450 billion. Making sure that victims are
compensated by their victimizers is not only good economic
policy, but morally sound.
"Providing justice and compensation to Californians who are the
victims of crime are among the paramount missions of our
government. The intent of SB 519 is to improve the way that the
Victim Compensation and Government Claims Board provides
compensation for crime victims."
Analysis Prepared by:
Sandy Uribe / PUB. S. / (916) 319-3744 FN:
0001615
SB 519
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