BILL NUMBER: SB 556	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 6, 2015

INTRODUCED BY   Senator De León

                        FEBRUARY 26, 2015

   An act to amend Section  911.6   13958 
of the Government Code, relating to  government liability.
  victims of crime. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 556, as amended, De León.  Claims against public
entities.   Victims of crime: indemnification:
applications.  
   Existing law provides for the indemnification of 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. 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. Existing law requires the board to report to the
Legislature, on a quarterly basis, its progress and its current
average time of processing applications if the board does not meet
the prescribed 90-day average standard.  
   This bill would define "time of processing applications" for
purposes of these provisions and would require the board to post on
its Internet Web site, on an annual basis, its progress and current
average time of processing applications.  
   Existing law requires a claim for personal injury against a public
entity, which includes the state, the Regents of the University of
California, a county, city, district, public authority, public
agency, and any other political subdivision or public corporation in
the state, or against an employee of a public entity, to be presented
not later than 6 months after accrual of the cause of action.
Existing law provides that if a claim is not filed within the 6-month
period, an application for leave to present the claim within a
reasonable time not to exceed one year after the accrual of the cause
of action may be filed with the public entity in accordance with
specified provisions. Existing law requires the board, the governing
body of the local public entity, the California Victim Compensation
and Government Claims Board, the Judicial Council, or the Trustees of
the California State University, as appropriate, to grant or deny
the application for leave to present the claim within 45 days after
it is presented to the board.  
   This bill would require the board, the governing body of the local
public entity, the California Victim Compensation and Government
Claims Board, the Judicial Council, or the Trustees of the California
State University, as appropriate, to grant or deny the application
for leave to present the claim within 45 days after it is received by
the board. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 13958 of the  
Government Code   is amended to read: 
   13958.   (a)    The board shall 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. 
   (a) 
    (1)  If the board does not meet the 90-day average
standard prescribed in this subdivision, the board shall, thereafter,
report to the Legislature, on a quarterly basis, its progress and
its current average time of processing applications. These quarterly
reports shall continue until the board meets the 90-day average
standard for two consecutive quarters. 
   (b) 
    (2)  If the board fails to approve or deny an individual
application within 180 days of the date it is accepted, pursuant to
this subdivision, the board shall advise the applicant and his or her
representative, in writing, of the reason for the failure to approve
or deny the application. 
   (b) The board shall post on its Internet Web site, on an annual
basis, its progress and current average time of processing
applications.  
   (c) For purposes of this section, "time of processing applications"
means the period of time, including all calendar days, that begins
when the board first receives and application and ends when a check
is mailed to an eligible victim.  
  SECTION 1.    Section 911.6 of the Government Code
is amended to read:
   911.6.  (a) The board shall grant or deny the application within
45 days after it is received by the board. The claimant and the board
may extend the period within which the board is required to act on
the application by written agreement made before the expiration of
the period.
   (b) The board shall grant the application if one or more of the
following is applicable:
   (1) The failure to present the claim was through mistake,
inadvertence, surprise, or excusable neglect and the public entity
was not prejudiced in its defense of the claim by the failure to
present the claim within the time specified in Section 911.2.
   (2) The person who sustained the alleged injury, damage, or loss
was a minor during all of the time specified in Section 911.2 for the
presentation of the claim.
   (3) The person who sustained the alleged injury, damage, or loss
was physically or mentally incapacitated during all of the time
specified in Section 911.2 for the presentation of the claim and by
reason of that disability failed to present a claim during that time.

   (4) The person who sustained the alleged injury, damage, or loss
died before the expiration of the time specified in Section 911.2 for
the presentation of the claim.
   (c) If the board fails or refuses to act on an application within
the time prescribed by this section, the application shall be deemed
to have been denied on the 45th day or, if the period within which
the board is required to act is extended by agreement pursuant to
this section, the last day of the period specified in the agreement.