BILL NUMBER: AB 535 CHAPTERED
BILL TEXT
CHAPTER 697
FILED WITH SECRETARY OF STATE SEPTEMBER 22, 1998
APPROVED BY GOVERNOR SEPTEMBER 21, 1998
PASSED THE ASSEMBLY AUGUST 26, 1998
PASSED THE SENATE AUGUST 24, 1998
AMENDED IN SENATE AUGUST 20, 1998
AMENDED IN SENATE AUGUST 12, 1998
AMENDED IN SENATE JUNE 29, 1998
AMENDED IN SENATE JUNE 16, 1998
AMENDED IN SENATE AUGUST 28, 1997
AMENDED IN SENATE JULY 24, 1997
AMENDED IN SENATE JULY 21, 1997
AMENDED IN SENATE JULY 9, 1997
AMENDED IN SENATE JULY 1, 1997
AMENDED IN ASSEMBLY APRIL 3, 1997
INTRODUCED BY Assembly Member Brown
FEBRUARY 24, 1997
An act to amend, repeal, and add Sections 13960, 13964, and 13965
of, and to add and repeal Section 13961.01 of, the Government Code,
relating to victims of crime, making an appropriation therefor, and
declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 535, Brown. Victims of crime.
(1) Existing law authorizes the State Board of Control to provide
assistance to victims of crime and derivative victims of crime for
the pecuniary losses they suffer as a direct result of criminal acts.
This assistance is paid from the Restitution Fund, a continuously
appropriated fund. Existing law requires that an application for
assistance be filed within one year after the date of the crime or
the victim attaining the age of 18 years, whichever is later, with
the board being authorized for good cause to grant an extension of
this time period not to exceed 3 years.
This bill would revise the definition of crime for the purposes of
limitations imposed by these provisions and would revise the
definition of derivative victim for the purposes of these provisions.
This bill would revise the time period by which an application for
assistance is to be filed to authorize the board, for good cause to
grant an extension of this time period not to exceed 3 years after
the date of the crime or 3 years after the victim attains the age of
18 years. This bill would authorize the board for good cause to
grant an additional extension beyond 3 years when the claim is filed
under specified circumstances. By enlarging the class of persons
eligible for assistance that is payable from a continuously
appropriated fund, this bill would make an appropriation.
(2) Existing law provides circumstances under which a claim of a
victim or derivative victim for assistance under these provisions
based on domestic violence shall not be denied.
This bill would require the board to adopt guidelines that allow
the board to consider and approve applications for assistance based
on domestic violence, taking into account specified factors.
(3) Existing law authorizes the board to reimburse a derivative
victim for the expense of his or her outpatient mental health
counseling when that mental health counseling is necessary as a
direct result of the crime.
This bill would specify the derivative victims who are the primary
caretaker of a minor victim of sexual or physical abuse who are
eligible for reimbursement of these expenses.
(4) This bill would incorporate additional changes in Section
13960 of the Government Code proposed by AB 645 and AB 1803, to be
operative only if this bill and one or both of the other bills are
enacted and become effective on or before January 1, 1999, and this
bill is enacted last.
This bill also would incorporate additional changes in Sections
13964 and 13965 of the Government Code proposed by AB 645, to be
operative if AB 645 and this bill are both enacted and become
effective on or before January 1, 1999, and this bill is enacted
last.
(5) The provisions of the bill would remain in effect only until
January 1, 2003, and as of that date would be repealed, unless a
later enacted statute, that is enacted before January 1, 2003,
deletes or extends that date.
(6) The bill would declare that it is to take effect immediately
as an urgency statute.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 13960 of the Government Code is amended to
read:
13960. As used in this article:
(a) (1) "Victim" means a resident of the State of California, a
member of the military stationed in California, or a family member
living with a member of the military stationed in California who
sustains injury or death as a direct result of a crime.
(2) "Derivative victim" means a resident of California who is one
of the following:
(A) At the time of the crime was the parent, sibling, spouse, or
child of the victim.
(B) At the time of the crime was living in the household of the
victim.
(C) A person who had previously lived in the household of the
victim for a period of not less than two years in a relationship
substantially similar to a relationship listed in subparagraph (A).
(D) Is another family member of the victim, including the victim's
fiance, and witnessed the crime.
(E) Is the primary caretaker of a minor victim, but was not the
primary caretaker at the time of the crime.
(b) "Injury" includes physical or emotional injury, or both.
However, this article does not apply to emotional injury unless that
injury is incurred by a victim who also sustains physical injury or
threat of physical injury. For purposes of this article, a victim of
a crime committed in violation of Section 261, 262, 271, 273a, 273d,
285, 286, 288, 288a, 288.5, or 289, or subdivision (b) or (c) of
Section 311.4, of the Penal Code, who sustains emotional injury is
presumed to have sustained physical injury. For purposes of this
article, a victim of a crime committed in violation of Section 270 of
the Penal Code, as a result of conduct other than a failure to pay
child support, who sustains emotional injury is presumed to have
sustained physical injury if criminal charges were filed or a
prosecuting attorney expresses the opinion that the child is a victim
of that section.
(c) "Crime" means a crime or public offense that would constitute
a misdemeanor or a felony if committed in California by a competent
adult which results in injury to a resident of this state, including
a crime or public offense, wherever it may take place, when the
resident is temporarily absent from the state. "Crime" includes an
act of terrorism, as defined in Section 2331 of Title 18 of the
United States Code, committed against a resident of the state,
whether or not the act occurs within the state. No act involving the
operation of a motor vehicle, aircraft, or water vehicle which
results in injury or death constitutes a crime for the purposes of
this article, except that a crime shall include any of the following:
(1) Injury or death intentionally inflicted through the use of a
motor vehicle, aircraft, or water vehicle.
(2) Injury or death caused by a driver in violation of Section
20001 of the Vehicle Code.
(3) Injury or death caused by a person who is under the influence
of any alcoholic beverage or drug.
(4) Injury or death caused by a driver of a motor vehicle in the
immediate act of fleeing the scene of a crime in which he or she
knowingly and willingly participated.
For the purpose of the limitations imposed by this article, a
crime shall mean one act or series of related acts arising from the
same course of conduct with the same perpetrator or perpetrators
against a victim.
(d) "Pecuniary loss" means the following expenses for which the
victim or derivative victim has not been and will not be reimbursed
from any other source:
(1) The amount of medical or medical-related expenses incurred by
the victim, including inpatient psychological or psychiatric
expenses, and including, but not limited to, eyeglasses, hearing
aids, dentures, or any prosthetic device taken, lost, or destroyed
during the commission of the crime, or the use of which became
necessary as a direct result of the crime.
(2) The amount of outpatient psychiatric, psychological, or other
mental health counseling related expenses which became necessary as a
direct result of the crime. These counseling services may only be
reimbursed if provided by any of the following individuals:
(A) A person licensed as a physician who is certified in
psychiatry by the American Board of Psychiatry and Neurology or who
has completed a residency in psychiatry.
(B) A person licensed as a psychologist under Chapter 6.6
(commencing with Section 2900) of Division 2 of the Business and
Professions Code.
(C) A person licensed as a clinical social worker under Article 4
(commencing with Section 4996) of Chapter 14 of Division 2 of the
Business and Professions Code.
(D) A person licensed as a marriage, family, and child counselor
under Chapter 13 (commencing with Section 4980) of Division 2 of the
Business and Professions Code.
(E) A person registered as a psychological assistant who is under
the supervision of a licensed psychologist or board certified
psychiatrist as required by Section 2913 of the Business and
Professions Code.
(F) A person registered with the Board of Psychology who is
providing services in a nonprofit community agency pursuant to
subdivision (d) of Section 2909 of the Business and Professions Code.
(G) A person registered as a marriage, family, and child counselor
intern who is under the supervision of a licensed marriage, family,
and child counselor, a licensed clinical social worker, a licensed
psychologist, or a licensed physician certified in psychiatry, as
specified in Section 4980.44 of the Business and Professions Code.
(H) A person registered as an associate clinical social worker, as
defined in Section 4996.18 of the Business and Professions Code, who
is under the supervision of a licensed clinical social worker, a
licensed psychologist, or a board certified psychiatrist.
(3) The loss of income that the victim or the loss of support that
the derivative victim has incurred or will incur as a direct result
of an injury or death.
(4) Pecuniary loss also includes nonmedical remedial care and
treatment rendered in accordance with a religious method of healing
recognized by state law.
(5) The amount of family psychiatric, psychological, or mental
health counseling expenses necessary as a direct result of the crime
for the successful treatment of the victim, provided to family
members of the victim in the presence of the victim, whether or not
the family member relationship existed at the time of the crime.
(e) "Board" means the State Board of Control.
(f) "Victim centers" means those centers as specified in Section
13835.2 of the Penal Code.
(g) "Peer counselor" means a provider of mental health counseling
services who has completed a specialized course in rape crisis
counseling skills development, participates in continuing education
in rape crisis counseling skills development, and provides rape
crisis counseling in consultation with a mental health practitioner
licensed within the State of California.
(h) This section shall remain in effect only until January 1,
2003, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2003, deletes or extends
that date.
SEC. 2. Section 13960 of the Government Code is amended to read:
13960. As used in this article:
(a) (1) "Victim" means a resident of the State of California, a
member of the military stationed in California, or a family member
living with a member of the military stationed in California who
sustains injury or death as a direct result of a crime.
(2) "Derivative victim" means a resident of California, or
resident of another state, who is one of the following:
(A) At the time of the crime was the parent, sibling, spouse, or
child of the victim.
(B) At the time of the crime was living in the household of the
victim.
(C) A person who had previously lived in the household of the
victim for a period of not less than two years in a relationship
substantially similar to a relationship listed in subparagraph (A).
(D) Is another family member of the victim, including the victim's
fiance or fiancee, and witnessed the crime.
(E) Is the primary caretaker of a minor victim, but was not the
primary caretaker at the time of the crime.
(b) "Injury" includes physical or emotional injury, or both.
However, this article does not apply to emotional injury unless that
injury is incurred by a victim who also sustains physical injury or
threat of physical injury. For purposes of this article, a victim of
a crime committed in violation of Section 261, 262, 271, 273a, 273d,
285, 286, 288, 288a, 288.5, or 289, or subdivision (b) or (c) of
Section 311.4, of the Penal Code, who sustains emotional injury is
presumed to have sustained physical injury. For purposes of this
article, a victim of a crime committed in violation of Section 270 of
the Penal Code, as a result of conduct other than a failure to pay
child support, who sustains emotional injury is presumed to have
sustained physical injury if criminal charges were filed. For
purposes of this article, a victim of a crime committed in violation
of subdivision (d) of Section 261.5 of the Penal Code, who sustains
emotional injury, is presumed to have sustained physical injury if
felony charges were filed.
(c) "Crime" means a crime or public offense that would constitute
a misdemeanor or a felony if committed in California by a competent
adult which results in injury to a resident of this state, including
a crime or public offense, wherever it may take place, when the
resident is temporarily absent from the state. "Crime" includes an
act of terrorism, as defined in Section 2331 of Title 18 of the
United States Code, committed against a resident of the state,
whether or not the act occurs within the state. No act involving the
operation of a motor vehicle, aircraft, or water vehicle that
results in injury or death constitutes a crime for the purposes of
this article, except that a crime shall include any of the following:
(1) Injury or death intentionally inflicted through the use of a
motor vehicle, aircraft, or water vehicle.
(2) Injury or death caused by a driver in violation of Section
20001 of the Vehicle Code.
(3) Injury or death caused by a person who is under the influence
of any alcoholic beverage or drug.
(4) Injury or death caused by a driver of a motor vehicle in the
immediate act of fleeing the scene of a crime in which he or she
knowingly and willingly participated.
(5) Injury or death caused by a person in violation of subdivision
(c) of Section 192 or Section 192.5 of the Penal Code.
For the purpose of the limitations imposed by this article, a
crime shall mean one act or series of related acts arising from the
same course of conduct with the same perpetrator or perpetrators
against a victim.
(d) "Pecuniary loss" means the following expenses for which the
victim or derivative victim has not been and will not be reimbursed
from any other source:
(1) The amount of medical or medical-related expenses incurred by
the victim, including inpatient psychological or psychiatric
expenses, and including, but not limited to, eyeglasses, hearing
aids, dentures, or any prosthetic device taken, lost, or destroyed
during the commission of the crime, or the use of which became
necessary as a direct result of the crime.
(2) The amount of outpatient psychiatric, psychological, or other
mental health counseling related expenses that became necessary as a
direct result of the crime. These counseling services may only be
reimbursed if provided by any of the following individuals:
(A) A person licensed as a physician who is certified in
psychiatry by the American Board of Psychiatry and Neurology or who
has completed a residency in psychiatry.
(B) A person licensed as a psychologist under Chapter 6.6
(commencing with Section 2900) of Division 2 of the Business and
Professions Code.
(C) A person licensed as a clinical social worker under Article 4
(commencing with Section 4996) of Chapter 14 of Division 2 of the
Business and Professions Code.
(D) A person licensed as a marriage, family, and child counselor
under Chapter 13 (commencing with Section 4980) of Division 2 of the
Business and Professions Code.
(E) A person registered as a psychological assistant who is under
the supervision of a licensed psychologist or board certified
psychiatrist as required by Section 2913 of the Business and
Professions Code.
(F) A person registered with the Board of Psychology who is
providing services in a nonprofit community agency pursuant to
subdivision (d) of Section 2909 of the Business and Professions Code.
(G) A person registered as a marriage, family, and child counselor
intern who is under the supervision of a licensed marriage, family,
and child counselor, a licensed clinical social worker, a licensed
psychologist, or a licensed physician certified in psychiatry, as
specified in Section 4980.44 of the Business and Professions Code.
(H) A person registered as an associate clinical social worker, as
defined in Section 4996.18 of the Business and Professions Code, who
is under the supervision of a licensed clinical social worker, a
licensed psychologist, or a board certified psychiatrist.
(I) A person who qualifies as a psychology intern as described in
Section 2911 of the Business and Professions Code who is under the
supervision of a licensed mental health professional (psychiatrist,
psychologist, or social worker) in a university hospital or
university medical school clinic or a person who has completed the
qualifications described in Section 2911 of the Business and
Professions Code who is pursuing a postdoctoral and training in a
university or university medical school clinic under the supervision
of a licensed mental health professional (psychiatrist, psychologist,
or social worker) for the purpose of achieving higher clinical
competency.
(3) The loss of income that the victim or the loss of support that
the derivative victim has incurred or will incur as a direct result
of an injury or death.
(4) Pecuniary loss also includes nonmedical remedial care and
treatment rendered in accordance with a religious method of healing
recognized by state law.
(5) The amount of family psychiatric, psychological, or mental
health counseling expenses necessary as a direct result of the crime
for the successful treatment of the victim, provided to family
members of the victim in the presence of the victim, whether or not
the family member relationship existed at the time of the crime.
(e) "Board" means the State Board of Control.
(f) "Victim centers" means those centers as specified in Section
13835.2 of the Penal Code.
(g) "Peer counselor" means a provider of mental health counseling
services who has completed a specialized course in rape crisis
counseling skills development, participates in continuing education
in rape crisis counseling skills development, and provides rape
crisis counseling in consultation with a mental health practitioner
licensed within the State of California.
(h) This section shall remain in effect only until January 1,
2003, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2003, deletes or extends
that date.
SEC. 2.3. Section 13960 of the Government Code is amended to read:
13960. As used in this article:
(a) (1) "Victim" means a resident of the State of California, a
member of the military stationed in California, or a family member
living with a member of the military stationed in California who
sustains injury or death as a direct result of a crime.
(2) "Derivative victim" means a resident of California who is one
of the following:
(A) At the time of the crime was the parent, sibling, spouse, or
child of the victim.
(B) At the time of the crime was living in the household of the
victim.
(C) A person who had previously lived in the household of the
victim for a period of not less than two years in a relationship
substantially similar to a relationship listed in subparagraph (A).
(D) Is another family member of the victim, including the victim's
fiance or fiancee, and witnessed the crime.
(E) Is the primary caretaker of a minor victim, but was not the
primary caretaker at the time of the crime.
(b) (1) "Injury" includes physical or emotional injury, or both.
However, this article does not apply to emotional injury unless that
injury is incurred by a victim who also sustains physical injury or
threat of physical injury. For purposes of this article, a victim of
a crime committed in violation of Section 261, 262, 271, 273a, 273d,
278, 278.5, 285, 286, 288, 288a, 288.5, or 289, or subdivision (b)
or (c) of Section 311.4, of the Penal Code, who sustains emotional
injury is presumed to have sustained physical injury. For purposes
of this article, a victim of a crime committed in violation of
Section 270 of the Penal Code, as a result of conduct other than a
failure to pay child support, who sustains emotional injury is
presumed to have sustained physical injury if criminal charges were
filed or a prosecuting attorney expresses the opinion that the child
is a victim of that section.
(2) It is the intent of the Legislature that in order for the
presumption set forth in paragraph (1) relating to a violation of
Section 278 or 278.5 of the Penal Code to apply, the deprivation of
custody as described in those sections shall have endured for not
less than 30 days. For the purposes of this paragraph, the child,
and not the nonoffending parent or other caretaker, shall be deemed
the victim.
(3) A child who has been the witness of a crime or crimes of
domestic violence may be presumed by the board to have sustained
physical injury.
(c) "Crime" means a crime or public offense that would constitute
a misdemeanor or a felony if committed in California by a competent
adult which results in injury to a resident of this state, including
a crime or public offense, wherever it may take place, when the
resident is temporarily absent from the state. "Crime" includes an
act of terrorism, as defined in Section 2331 of Title 18 of the
United States Code, committed against a resident of the state,
whether or not the act occurs within the state. No act involving the
operation of a motor vehicle, aircraft, or water vehicle which
results in injury or death constitutes a crime for the purposes of
this article, except that a crime shall include any of the following:
(1) Injury or death intentionally inflicted through the use of a
motor vehicle, aircraft, or water vehicle.
(2) Injury or death caused by a driver in violation of Section
20001 of the Vehicle Code.
(3) Injury or death caused by a person who is under the influence
of any alcoholic beverage or drug.
(4) Injury or death caused by a driver of a motor vehicle in the
immediate act of fleeing the scene of a crime in which he or she
knowingly and willingly participated.
For the purpose of the limitations imposed by this article, a
crime shall mean one act or series of related acts arising from the
same course of conduct with the same perpetrator or perpetrators
against a victim.
(d) "Pecuniary loss" means the following expenses for which the
victim or derivative victim has not been and will not be reimbursed
from any other source:
(1) The amount of medical or medical-related expenses incurred by
the victim, including inpatient psychological or psychiatric
expenses, and including, but not limited to, eyeglasses, hearing
aids, dentures, or any prosthetic device taken, lost, or destroyed
during the commission of the crime, or the use of which became
necessary as a direct result of the crime.
(2) The amount of outpatient psychiatric, psychological, or other
mental health counseling related expenses which became necessary as a
direct result of the crime. These counseling services may only be
reimbursed if provided by any of the following individuals:
(A) A person licensed as a physician who is certified in
psychiatry by the American Board of Psychiatry and Neurology or who
has completed a residency in psychiatry.
(B) A person licensed as a psychologist under Chapter 6.6
(commencing with Section 2900) of Division 2 of the Business and
Professions Code.
(C) A person licensed as a clinical social worker under Article 4
(commencing with Section 4996) of Chapter 14 of Division 2 of the
Business and Professions Code.
(D) A person licensed as a marriage, family, and child counselor
under Chapter 13 (commencing with Section 4980) of Division 2 of the
Business and Professions Code.
(E) A person registered as a psychological assistant who is under
the supervision of a licensed psychologist or board certified
psychiatrist as required by Section 2913 of the Business and
Professions Code.
(F) A person registered with the Board of Psychology who is
providing services in a nonprofit community agency pursuant to
subdivision (d) of Section 2909 of the Business and Professions Code.
(G) A person registered as a marriage, family, and child counselor
intern who is under the supervision of a licensed marriage, family,
and child counselor, a licensed clinical social worker, a licensed
psychologist, or a licensed physician certified in psychiatry, as
specified in Section 4980.44 of the Business and Professions Code.
(H) A person registered as an associate clinical social worker, as
defined in Section 4996.18 of the Business and Professions Code, who
is under the supervision of a licensed clinical social worker, a
licensed psychologist, or a board certified psychiatrist.
(3) The loss of income that the victim or the loss of support that
the derivative victim has incurred or will incur as a direct result
of an injury or death.
(4) Pecuniary loss also includes nonmedical remedial care and
treatment rendered in accordance with a religious method of healing
recognized by state law.
(5) The amount of family psychiatric, psychological, or mental
health counseling expenses necessary as a direct result of the crime
for the successful treatment of the victim, provided to family
members of the victim in the presence of the victim, whether or not
the family member relationship existed at the time of the crime.
(e) "Board" means the State Board of Control.
(f) "Victim centers" means those centers as specified in Section
13835.2 of the Penal Code.
(g) "Peer counselor" means a provider of mental health counseling
services who has completed a specialized course in rape crisis
counseling skills development, participates in continuing education
in rape crisis counseling skills development, and provides rape
crisis counseling in consultation with a mental health practitioner
licensed within the State of California.
(h) This section shall remain in effect only until January 1,
2003, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2003, deletes or extends
that date.
SEC. 2.5. Section 13960 of the Government Code is amended to read:
13960. As used in this article:
(a) (1) "Victim" means a resident of the State of California, a
member of the military stationed in California, or a family member
living with a member of the military stationed in California who
sustains injury or death as a direct result of a crime.
(2) "Derivative victim" means a resident of California, or
resident of another state, who is one of the following:
(A) At the time of the crime was the parent, sibling, spouse, or
child of the victim.
(B) At the time of the crime was living in the household of the
victim.
(C) A person who had previously lived in the household of the
victim for a period of not less than two years in a relationship
substantially similar to a relationship listed in subparagraph (A).
(D) Is another family member of the victim, including the victim's
fiance or fiancee, and witnessed the crime.
(E) Is the primary caretaker of a minor victim, but was not the
primary caretaker at the time of the crime.
(b) (1) "Injury" includes physical or emotional injury, or both.
However, this article does not apply to emotional injury unless that
injury is incurred by a victim who also sustains physical injury or
threat of physical injury. For purposes of this article, a victim of
a crime committed in violation of Section 261, 262, 271, 273a, 273d,
278, 278.5, 285, 286, 288, 288a, 288.5, or 289, or subdivision (b)
or (c) of Section 311.4, of the Penal Code, who sustains emotional
injury is presumed to have sustained physical injury. For purposes
of this article, a victim of a crime committed in violation of
Section 270 of the Penal Code, as a result of conduct other than a
failure to pay child support, who sustains emotional injury is
presumed to have sustained physical injury if criminal charges were
filed. For purposes of this article, a victim of a crime committed
in violation of subdivision (d) of Section 261.5 of the Penal Code,
who sustains emotional injury, is presumed to have sustained physical
injury if felony charges were filed.
(2) It is the intent of the Legislature that in order for the
presumption set forth in paragraph (1) relating to a violation of
Section 278 or 278.5 of the Penal Code to apply, the deprivation of
custody as described in those sections shall have endured for not
less than 30 days. For the purposes of this paragraph, the child,
and not the nonoffending parent or other caretaker, shall be deemed
the victim.
(3) A child who has been the witness of a crime or crimes of
domestic violence may be presumed by the board to have sustained
physical injury.
(c) "Crime" means a crime or public offense that would constitute
a misdemeanor or a felony if committed in California by a competent
adult which results in injury to a resident of this state, including
a crime or public offense, wherever it may take place, when the
resident is temporarily absent from the state. "Crime" includes an
act of terrorism, as defined in Section 2331 of Title 18 of the
United States Code, committed against a resident of the state,
whether or not the act occurs within the state. No act involving the
operation of a motor vehicle, aircraft, or water vehicle which
results in injury or death constitutes a crime for the purposes of
this article, except that a crime shall include any of the following:
(1) Injury or death intentionally inflicted through the use of a
motor vehicle, aircraft, or water vehicle.
(2) Injury or death caused by a driver in violation of Section
20001 of the Vehicle Code.
(3) Injury or death
caused by a person who is under the influence of any alcoholic
beverage or drug.
(4) Injury or death caused by a driver of a motor vehicle in the
immediate act of fleeing the scene of a crime in which he or she
knowingly and willingly participated.
(5) Injury or death caused by a person in violation of subdivision
(c) of Section 192 or Section 192.5 of the Penal Code.
For the purpose of the limitations imposed by this article, a
crime shall mean one act or series of related acts arising from the
same course of conduct with the same perpetrator or perpetrators
against a victim.
(d) "Pecuniary loss" means the following expenses for which the
victim or derivative victim has not been and will not be reimbursed
from any other source:
(1) The amount of medical or medical-related expenses incurred by
the victim, including inpatient psychological or psychiatric
expenses, and including, but not limited to, eyeglasses, hearing
aids, dentures, or any prosthetic device taken, lost, or destroyed
during the commission of the crime, or the use of which became
necessary as a direct result of the crime.
(2) The amount of outpatient psychiatric, psychological, or other
mental health counseling related expenses that became necessary as a
direct result of the crime. These counseling services may only be
reimbursed if provided by any of the following individuals:
(A) A person licensed as a physician who is certified in
psychiatry by the American Board of Psychiatry and Neurology or who
has completed a residency in psychiatry.
(B) A person licensed as a psychologist under Chapter 6.6
(commencing with Section 2900) of Division 2 of the Business and
Professions Code.
(C) A person licensed as a clinical social worker under Article 4
(commencing with Section 4996) of Chapter 14 of Division 2 of the
Business and Professions Code.
(D) A person licensed as a marriage, family, and child counselor
under Chapter 13 (commencing with Section 4980) of Division 2 of the
Business and Professions Code.
(E) A person registered as a psychological assistant who is under
the supervision of a licensed psychologist or board certified
psychiatrist as required by Section 2913 of the Business and
Professions Code.
(F) A person registered with the Board of Psychology who is
providing services in a nonprofit community agency pursuant to
subdivision (d) of Section 2909 of the Business and Professions Code.
(G) A person registered as a marriage, family, and child counselor
intern who is under the supervision of a licensed marriage, family,
and child counselor, a licensed clinical social worker, a licensed
psychologist, or a licensed physician certified in psychiatry, as
specified in Section 4980.44 of the Business and Professions Code.
(H) A person registered as an associate clinical social worker, as
defined in Section 4996.18 of the Business and Professions Code, who
is under the supervision of a licensed clinical social worker, a
licensed psychologist, or a board certified psychiatrist.
(I) A person who qualifies as a psychology intern as described in
Section 2911 of the Business and Professions Code who is under the
supervision of a licensed mental health professional (psychiatrist,
psychologist, or social worker) in a university hospital or
university medical school clinic or a person who has completed the
qualifications described in Section 2911 of the Business and
Professions Code who is pursuing a postdoctoral and training in a
university or university medical school clinic under the supervision
of a licensed mental health professional (psychiatrist, psychologist,
or social worker) for the purpose of achieving higher clinical
competency.
(3) The loss of income that the victim or the loss of support that
the derivative victim has incurred or will incur as a direct result
of an injury or death.
(4) Pecuniary loss also includes nonmedical remedial care and
treatment rendered in accordance with a religious method of healing
recognized by state law.
(5) The amount of family psychiatric, psychological, or mental
health counseling expenses necessary as a direct result of the crime
for the successful treatment of the victim, provided to family
members of the victim in the presence of the victim, whether or not
the family member relationship existed at the time of the crime.
(e) "Board" means the State Board of Control.
(f) "Victim centers" means those centers as specified in Section
13835.2 of the Penal Code.
(g) "Peer counselor" means a provider of mental health counseling
services who has completed a specialized course in rape crisis
counseling skills development, participates in continuing education
in rape crisis counseling skills development, and provides rape
crisis counseling in consultation with a mental health practitioner
licensed within the State of California.
(h) This section shall remain in effect only until January 1,
2003, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2003, deletes or extends
that date.
SEC. 2.7. Section 13960 is added to the Government Code, to read:
13960. As used in this article:
(a) (1) "Victim" means a resident of the State of California, a
member of the military stationed in California, or a family member
living with a member of the military stationed in California who
sustains injury or death as a direct result of a crime.
(2) "Derivative victim" means a resident of California who is one
of the following:
(A) At the time of the crime was the parent, sibling, spouse, or
child of the victim.
(B) At the time of the crime was living in the household of the
victim.
(C) A person who had previously lived in the household of the
victim for a period of not less than two years in a relationship
substantially similar to a relationship listed in subparagraph (A).
(D) Is another family member of the victim, including the victim's
fiance, and witnessed the crime.
(b) "Injury" includes physical or emotional injury, or both.
However, this article does not apply to emotional injury unless that
injury is incurred by a victim who also sustains physical injury or
threat of physical injury. For purposes of this article, a victim of
a crime committed in violation of Section 261, 262, 271, 273a, 273d,
285, 286, 288, 288a, 288.5, or 289, or subdivision (b) or (c) of
Section 311.4, of the Penal Code, who sustains emotional injury is
presumed to have sustained physical injury. For purposes of this
article, a victim of a crime committed in violation of Section 270 of
the Penal Code, as a result of conduct other than a failure to pay
child support, who sustains emotional injury is presumed to have
sustained physical injury if criminal charges were filed or a
prosecuting attorney expresses the opinion that the child is a victim
of that section.
(c) "Crime" means a crime or public offense that would constitute
a misdemeanor or a felony if committed in California by a competent
adult which results in injury to a resident of this state, including
a crime or public offense, wherever it may take place, when the
resident is temporarily absent from the state. "Crime" includes an
act of terrorism, as defined in Section 2331 of Title 18 of the
United States Code, committed against a resident of the state,
whether or not the act occurs within the state. No act involving the
operation of a motor vehicle, aircraft, or water vehicle which
results in injury or death constitutes a crime for the purposes of
this article, except that a crime shall include any of the following:
(1) Injury or death intentionally inflicted through the use of a
motor vehicle, aircraft, or water vehicle.
(2) Injury or death caused by a driver in violation of Section
20001 of the Vehicle Code.
(3) Injury or death caused by a person who is under the influence
of any alcoholic beverage or drug.
(4) Injury or death caused by a driver of a motor vehicle in the
immediate act of fleeing the scene of a crime in which he or she
knowingly and willingly participated.
For the purpose of the limitations imposed by this article, a
crime shall mean one act or series of related acts arising from the
same course of conduct with the same perpetrator or perpetrators.
(d) "Pecuniary loss" means the following expenses for which the
victim or derivative victim has not been and will not be reimbursed
from any other source:
(1) The amount of medical or medical-related expenses incurred by
the victim, including inpatient psychological or psychiatric
expenses, and including, but not limited to, eyeglasses, hearing
aids, dentures, or any prosthetic device taken, lost, or destroyed
during the commission of the crime, or the use of which became
necessary as a direct result of the crime.
(2) The amount of outpatient psychiatric, psychological, or other
mental health counseling related expenses which became necessary as a
direct result of the crime. These counseling services may only be
reimbursed if provided by any of the following individuals:
(A) A person licensed as a physician who is certified in
psychiatry by the American Board of Psychiatry and Neurology or who
has completed a residency in psychiatry.
(B) A person licensed as a psychologist under Chapter 6.6
(commencing with Section 2900) of Division 2 of the Business and
Professions Code.
(C) A person licensed as a clinical social worker under Article 4
(commencing with Section 4996) of Chapter 14 of Division 2 of the
Business and Professions Code.
(D) A person licensed as a marriage, family, and child counselor
under Chapter 13 (commencing with Section 4980) of Division 2 of the
Business and Professions Code.
(E) A person registered as a psychological assistant who is under
the supervision of a licensed psychologist or board certified
psychiatrist as required by Section 2913 of the Business and
Professions Code.
(F) A person registered with the Board of Psychology who is
providing services in a nonprofit community agency pursuant to
subdivision (d) of Section 2909 of the Business and Professions Code.
(G) A person registered as a marriage, family, and child counselor
intern who is under the supervision of a licensed marriage, family,
and child counselor, a licensed clinical social worker, a licensed
psychologist, or a licensed physician certified in psychiatry, as
specified in Section 4980.44 of the Business and Professions Code.
(H) A person registered as an associate clinical social worker, as
defined in Section 4996.18 of the Business and Professions Code, who
is under the supervision of a licensed clinical social worker, a
licensed psychologist, or a board certified psychiatrist.
(3) The loss of income that the victim or the loss of support that
the derivative victim has incurred or will incur as a direct result
of an injury or death.
(4) Pecuniary loss also includes nonmedical remedial care and
treatment rendered in accordance with a religious method of healing
recognized by state law.
(5) The amount of family psychiatric, psychological, or mental
health counseling expenses necessary as a direct result of the crime
for the successful treatment of the victim, provided to family
members of the victim in the presence of the victim, whether or not
the family member relationship existed at the time of the crime.
(e) "Board" means the State Board of Control.
(f) "Victim centers" means those centers as specified in Section
13835.2 of the Penal Code.
(g) "Peer counselor" means a provider of mental health counseling
services who has completed a specialized course in rape crisis
counseling skills development, participates in continuing education
in rape crisis counseling skills development, and provides rape
crisis counseling in consultation with a mental health practitioner
licensed within the State of California.
(h) This section shall become operative on January 1, 2003.
SEC. 3. Section 13961.01 is added to the Government Code, to read:
13961.01. (a) In addition to the additional extension for good
cause authorized under Section 13961, the board may also for good
cause grant an additional extension beyond three years when the claim
is filed under any of the following circumstances:
(1) The application is filed by a minor derivative victim where
the direct victim is permanently disabled or dies as a result of the
crime.
(2) The application is filed based on a crime described in Section
261, 286, 288, 288a, 288.5, or 289 of the Penal Code, or penetration
of an anal or genital opening as described in Section 289.5 of the
Penal Code as it existed prior to January 1, 1995, and all of the
following criteria are met:
(A) The victim was under the age of 18 years at the time the crime
was committed.
(B) The crime was reported to a law enforcement agency, as defined
in subdivision (p) of Section 290 of the Penal Code, or a child
protective agency, as defined in Section 11165.9 of the Penal Code.
(C) The application is accompanied by either of the following:
(i) A copy of the report of the crime filed with an agency
described in subparagraph (B) and a recommendation from either the
investigating officer or the prosecuting attorney that the
application for late filing be approved, and the application is filed
within one year of the date the victim receives the recommendation.
(ii) Documentation that a complaint, information, or indictment
alleging the crime giving rise to the application was filed.
(3) The direct victim dies as a result of the crime, but the fact
is not discovered until after the expiration of the time limits
imposed by this section.
(b) No application shall be denied under paragraphs (1) to (3),
inclusive, of subdivision (a) solely because the crime was not
reported to law enforcement within a specified time period.
(c) For the purposes of this section, the board may consider
applications filed with the board on or after October 4, 1993, that
meet the criteria for delayed filing as set forth in subdivision (a).
(d) This section shall remain in effect only until January 1,
2003, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2003, deletes or extends
that date.
SEC. 4. Section 13964 of the Government Code is amended to read:
13964. (a) After having heard the evidence relevant to the
application for assistance, the board shall approve the application
if a preponderance of the evidence shows that as a direct result of
the crime the victim or derivative victim incurred an injury which
resulted in a pecuniary loss.
(b) An application for assistance may be denied, in whole or in
part, if the board finds that denial is appropriate because of the
nature of the victim's or other applicant's involvement in the events
leading to the crime or the involvement of the persons whose injury
or death give rise to the application.
(c) No victim shall be eligible for assistance under this article
under any of the following circumstances:
(1) The board finds that the victim knowingly and willingly
participated in the commission of the crime.
(2) The board finds that the victim failed to cooperate reasonably
with a law enforcement agency in the apprehension and conviction of
a criminal committing the crime.
(d) No derivative victim shall be eligible for assistance under
this article under any of the following circumstances:
(1) The board finds that the victim or derivative victim knowingly
and willingly participated in the commission of the crime.
(2) The board finds that the victim or derivative victim failed to
cooperate reasonably with a law enforcement agency in the
apprehension and conviction of a criminal committing the crime.
(e) Notwithstanding paragraph (2) of subdivision (c) and paragraph
(2) of subdivision (d), for claims based on domestic violence the
Board of Control shall adopt guidelines that allow the board to
consider and approve applications for assistance based on domestic
violence, taking into account the victim's age, physical condition,
psychological state, and any compelling health or safety reasons,
including, but not limited to, a reasonable fear of retaliation or
harm that would jeopardize the well-being of the victim or the victim'
s family, in evaluating a victim's cooperation with law enforcement,
and giving due consideration to the degree of cooperation of which
the victim is capable in light of the presence of any of these
factors.
For the purposes of this section, the application of a derivative
victim of domestic violence under the age of 18 years shall not be
deemed ineligible on the basis of ineligibility of the victim under
subdivision (b).
(f) No application shall be denied solely because no criminal
complaint has been filed, unless the complaint has not been filed for
one of the reasons stated in subdivision (c) or (d). Moreover, no
application shall be denied because a criminal complaint is filed,
but later dismissed, if the dismissal is not for the reasons stated
in subdivision (c) or (d).
(g) Once an application has been accepted by the board pursuant to
subdivision (b) of Section 13962, as the application pertains to
medical or medical-related expenses, the claim shall continue to be
processed and either awarded or denied pursuant to this article in
the event of the death of the applicant.
(h) If a nonoffending parent in a child sexual abuse case
cooperates with the prosecution or Child Protective Services by
providing assistance to law enforcement in the disposition of the
case, that parent shall not be considered uncooperative within the
meaning of this section and shall be eligible, if otherwise
qualified, for restitution as a derivative victim pursuant to
subparagraph (C) of paragraph (1) of subdivision (a) of Section
13965.
(i) This section shall remain in effect only until January 1,
2003, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2003, deletes or extends
that date.
SEC. 4.5. Section 13964 of the Government Code is amended to read:
13964. (a) After having heard the evidence relevant to the
application for assistance, the board shall approve the application
if a preponderance of the evidence shows that as a direct result of
the crime the victim or derivative victim incurred an injury that
resulted in a pecuniary loss.
(b) An application for assistance may be denied, in whole or in
part, if the board finds that denial is appropriate because of the
nature of the victim's or other applicant's involvement in the events
leading to the crime or the involvement of the persons whose injury
or death give rise to the application. In the case of a minor, the
board shall consider the minor's age, physical condition, and
psychological state as well as any compelling health and safety
concerns in determining whether the minor's application should be
denied pursuant to this section.
(c) No victim shall be eligible for assistance under this article
under either of the following circumstances:
(1) The board finds that the victim knowingly and willingly
participated in the commission of the crime. This paragraph shall
not apply if the injury occurred as a direct result of a crime
committed in violation of subdivision (d) of Section 261.5 of the
Penal Code.
(2) The board finds that the victim failed to cooperate reasonably
with a law enforcement agency in the apprehension and conviction of
a criminal committing the crime. In the case of a minor, the board
shall consider the minor's age, physical condition, and psychological
state as well as any compelling health and safety concerns in
determining whether the minor is eligible for assistance pursuant to
this section.
(d) No derivative victim shall be eligible for assistance under
this article under either of the following circumstances:
(1) The board finds that the victim or derivative victim knowingly
and willingly participated in the commission of the crime.
(2) The board finds that the victim or derivative victim failed to
cooperate reasonably with a law enforcement agency in the
apprehension and conviction of a criminal committing the crime.
(e) Notwithstanding paragraph (2) of subdivision (c) and paragraph
(2) of subdivision (d), for claims based on domestic violence the
Board of Control shall adopt guidelines that allow the board to
consider and approve applications for assistance based on domestic
violence, taking into account the victim's age, physical condition,
psychological state, and any compelling health or safety reasons,
including, but not limited to, a reasonable fear of retaliation or
harm that would jeopardize the well-being of the victim or the victim'
s family, in evaluating a victim's cooperation with law enforcement,
and giving due consideration to the degree of cooperation of which
the victim is capable in light of the presence of any of these
factors.
For the purposes of this section, the application of a derivative
victim of domestic violence under the age of 18 years shall not be
deemed ineligible on the basis of ineligibility of the victim under
subdivision (b).
(f) No application shall be denied solely because no criminal
complaint has been filed, unless the complaint has not been filed for
one of the reasons stated in subdivision (c) or (d). Moreover, no
application shall be denied because a criminal complaint is filed,
but later dismissed, if the dismissal is not for the reasons stated
in subdivision (c) or (d).
(g) Once an application has been accepted by the board pursuant to
subdivision (b) of Section 13962, as the application pertains to
medical or medical-related expenses, the claim shall continue to be
processed and either awarded or denied pursuant to this article in
the event of the death of the applicant.
(h) If a nonoffending parent in a child sexual abuse case
cooperates with the prosecution or Child Protective Services by
providing assistance to law enforcement in the disposition of the
case, that parent shall not be considered uncooperative within the
meaning of this section and shall be eligible, if otherwise
qualified, for restitution as a derivative victim pursuant to
subparagraph (C) of paragraph (1) of subdivision (a) of Section
13965.
(i) This section shall remain in effect only until January 1,
2003, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2003, deletes or extends
that date.
SEC. 4.7. Section 13964 is added to the Government Code, to read:
13964. (a) After having heard the evidence relevant to the
application for assistance, the board shall approve the application
if a preponderance of the evidence shows that as a direct result of
the crime the victim or derivative victim incurred an injury which
resulted in a pecuniary loss.
(b) An application for assistance may be denied, in whole or in
part, if the board finds that denial is appropriate because of the
nature of the victim's or other applicant's involvement in the events
leading to the crime or the involvement of the persons whose injury
or death give rise to the application.
(c) No victim shall be eligible for assistance under this article
under any of the following circumstances:
(1) The board finds that the victim knowingly and willingly
participated in the commission of the crime.
(2) The board finds that the victim failed to cooperate with a law
enforcement agency in the apprehension and conviction of a criminal
committing the crime.
(d) No derivative victim shall be eligible for assistance under
this article under any of the following circumstances:
(1) The board finds that the victim or derivative victim knowingly
and willingly participated in the commission of the crime.
(2) The board finds that the victim or derivative victim failed to
cooperate with a law enforcement agency in the apprehension and
conviction of a criminal committing the crime.
(e) No application shall be denied solely because no criminal
complaint has been filed, unless the complaint has not been filed for
one of the reasons stated in subdivision (c) or (d). Moreover, no
application shall be denied because a criminal complaint is filed,
but later dismissed, if the dismissal is not for the reasons stated
in subdivision (c) or (d).
(f) Once an application has been accepted by the board pursuant to
subdivision (b) of Section 13962, as the application pertains to
medical or medical-related expenses, the claim shall continue to be
processed and either awarded or denied pursuant to this article in
the event of the death of the applicant.
(g) If a nonoffending parent in a child sexual abuse case
cooperates with the prosecution or Child Protective Services by
providing assistance to law enforcement in the disposition of the
case, that parent shall not be considered uncooperative within the
meaning of this section and shall be eligible, if otherwise
qualified, for restitution as a derivative victim pursuant to
subparagraph (C) of paragraph (1) of subdivision (a) of Section
13965.
(h) This section shall become operative on January 1, 2003.
SEC. 5. Section 13965 of the Government Code is amended to read:
13965. (a) If the application for assistance is approved, the
board shall determine what type of state assistance will best aid the
victim or derivative victim. The board may take any or all of the
following actions:
(1) Reimburse the following persons for the expense of their
out-patient mental health counseling when that mental health
counseling is necessary as a direct result of the crime:
(A) A victim in an amount not to exceed ten thousand dollars
($10,000).
(B) A derivative victim who is the surviving parent, sibling,
child, spouse, or fiance of a victim of a crime which directly
resulted in the death of the victim in an amount not to exceed ten
thousand dollars ($10,000).
(C) A derivative victim, as defined in subparagraph (A), (B), (C),
or (D) of paragraph (2) of subdivision (a) of Section 13960, who is
the primary caretaker of a minor victim of sexual or physical abuse
whose claim is not denied or reduced pursuant to subdivision (b) or
(d) of Section 13964 in a total amount not to exceed ten thousand
dollars ($10,000) for not more than two derivative victims described
in this subparagraph.
(D) A derivative victim not eligible for reimbursement pursuant to
subparagraph (B) or (C) in an amount not to exceed three thousand
dollars ($3,000), provided that mental health counseling of a
derivative victim under subparagraph (E) of paragraph (2)
of subdivision (a) of Section
13960 shall be reimbursed only if that counseling is necessary for
the treatment of the victim.
The board may authorize a direct cash payment to a provider of
psychological or psychiatric treatment or mental health counseling
services, including peer counseling services provided by a rape
crisis center as defined by Section 13837 of the Penal Code or to
either the victim or the derivative victim, equal to the pecuniary
loss attributable to medical or medical-related expenses, including
counseling, directly resulting from the injury. Reimbursement on the
initial claim for any psychological, psychiatric, or mental health
counseling services, including peer counseling services provided by a
rape crisis center, shall, if the application has been approved, be
paid by the board within 90 days of the date of receipt of the claim
for payment, with subsequent payments to be made to the provider
within one month of the receipt of a claim for payment. However, the
board may not authorize without good cause a direct cash payment to
a licensed health care provider or rape crisis center over the
objection of the applicant.
When a public agency, including a court or district attorney or a
police, county child protective services, or other state or local
governmental agency, refers a victim of crime to a private nonprofit
agency for treatment for that victim, the private nonprofit agency
shall be reimbursed for those services at the level of the normal and
customary fee charged by the private nonprofit agency to clients
with adequate means of payment for its services, except that this
reimbursement shall not exceed the maximum reimbursement rates set by
the board and may be made only to the extent that the victim
otherwise qualifies for services under the victims of crime program
and that other reimbursement or direct subsidies are not available to
serve the victim.
Payments authorized pursuant to this paragraph for peer counseling
services provided by a rape crisis center shall not exceed fifteen
dollars ($15) for each hour of services provided. Those services
shall be limited to individual, in-person counseling on a
face-to-face basis for a period not to exceed 10 weeks plus one
series of facilitated support group counseling sessions.
(2) Authorize a cash payment to the victim equal to the pecuniary
loss resulting from loss of wages directly resulting from the injury.
Loss of wages shall not be paid by the board for more than two
years following the crime. However, loss of wages may be extended
for one additional year if the victim is either enrolled in a program
of retraining or other rehabilitation approved by the board or has
established to the satisfaction of the board that because of his or
her disability arising from the crime he or she is unable to
participate in any retraining or rehabilitation. If the board
determines, after review of an application for assistance, including
the evaluation of a qualified provider, that pecuniary loss for which
payment may be made under this paragraph is expected to continue
more than six months after the date of approval of the victim's
application for assistance, disbursement shall commence and continue
on a monthly basis for the period of time pecuniary loss is expected
to continue.
(3) Authorize a cash payment to a derivative victim described in
subparagraphs (A) and (B) of paragraph (2) of subdivision (a) of
Section 13960 who was legally dependent on the victim at the time of
the crime for the loss of support incurred by that person as a direct
result of the crime.
(A) Loss of support shall not be paid by the board for income lost
by an adult for a period of more than two years and shall not extend
more than three years following the date of the crime.
(B) Loss of support shall not be paid by the board on behalf of a
minor for a period beyond the child's attaining the age of 18 years.
(C) The total amount payable to all derivative victims for loss of
support pursuant to this paragraph as the result of one crime shall
not exceed forty-six thousand dollars ($46,000).
(4) Authorize cash payments to or on behalf of the victim for job
retraining or similar employment-oriented rehabilitative services.
(5) Obtain an independent examination and report from any provider
of psychological or psychiatric treatment or mental health
counseling services, if it believes there is a reasonable basis for
requesting an additional evaluation. In cases where the crime
involves sexual assault, the provider shall have expertise in the
needs of sexual assault victims. In cases where the crime involves
child abuse or molestation, the provider shall have expertise in the
needs of victims of child abuse or molestation, as appropriate. When
a reevaluation is obtained, payments shall not be discontinued prior
to completion of the reevaluation.
(6) When a victim dies as a direct result of a crime, the board
may reimburse any individual who voluntarily, and without
anticipation of personal gain, pays or assumes the obligation to pay,
the medical or burial expenses incurred as a direct result of the
crime for the medical or burial expenses incurred in an amount not to
exceed the rates or limitations established by the board.
(7) The total award to or on behalf of the victim or a derivative
victim shall not exceed twenty-three thousand dollars ($23,000), and
may be increased only in accordance with this section.
(8) In the event that the victim requests that the board give
priority to reimbursement of loss of wages, the board shall not pay
medical expenses or mental health counseling expenses except upon the
request of the victim or after determining that payment of these
expenses will not decrease the funds available to the victim for
payment of loss of wages.
(9) The board may authorize a direct cash payment to a provider of
services that are reimbursable pursuant to this article. However,
the board may not, without good cause, authorize a direct cash
payment to a provider over the objection of the victim or applicant.
(b) Assistance granted pursuant to this article shall not
disqualify an otherwise eligible victim or derivative victim from
participation in any other public assistance program.
(c) Cash payments made pursuant to this article may be on a
one-time or periodic basis. If periodic, the board may increase,
reduce, or terminate the amount of assistance according to the victim'
s or derivative victim's need, subject to the maximum limits provided
in this section.
(d) The board shall pay attorney's fees representing the
reasonable value of legal services rendered to the applicant, in an
amount equal to 10 percent of the amount of the award, or five
hundred dollars ($500), whichever is less for each victim and each
derivative victim. An attorney receiving fees from another source
may waive the right to receive fees under this section. Payments
under this section shall be in addition to any amount authorized or
ordered under subdivision (d) of Section 13969.1.
(e) No attorney shall charge, demand, receive, or collect any
amount for services rendered in connection with any proceedings under
this article except as awarded under this article.
(f) The maximum cash payments authorized in paragraph (7) of
subdivision (a) shall be increased to forty-six thousand dollars
($46,000) if federal funds for those increases are available.
(g) Notwithstanding subdivisions (a) and (f), a victim injured
between January 1, 1985, and December 31, 1985, shall be entitled to
receive a maximum cash payment of forty-six thousand dollars
($46,000) if federal funds for these increases are available, but
only for costs in excess of limitations provided for in subdivision
(a) which are attributable to medical or medical-related expenses,
except for psychological or psychiatric treatment, or mental health
counseling services.
(h) Notwithstanding any conflicting provision of this chapter, the
board may make additional payments for purposes described in
paragraph (1) of subdivision (a) to any victim who filed an
application with the board on or after December 1, 1982, who was a
victim of a crime involving sexual assault, and who is a minor at the
time the additional payments pursuant to this subdivision are made.
The payments authorized by this subdivision shall not exceed the
limits imposed by subdivisions (a) and (j).
(i) Reimbursement for any medical or medical-related services
shall, if the victim's application has been approved, be paid by the
board within an average of 90 days from receipt of the claim for
payment. Payments to a medical or mental health provider under this
subdivision or paragraph (1) of subdivision (a) shall not be
discontinued prior to completion of any reevaluation. Whether or not
a reevaluation is obtained, if the board determines that payments to
a provider shall be discontinued, the board shall notify the
provider of their discontinuance within 30 days of its determination.
(j) The board may establish maximum rates and service limitations
for reimbursement of medical and medical-related expenses, including
counseling expenses, for which restitution is requested pursuant to
this section. For mental health and counseling services, rates shall
not exceed the statewide average. The adoption, amendment, and
repeal of these maximum rates shall not be subject to the
Administrative Procedure Act under Chapter 3.5 (commencing with
Section 11340) of Part 1. An informational copy of the maximum rates
shall be filed with the Secretary of State upon adoption by the
board. A provider who accepts payment from the program for a service
shall accept the program's rates as payment in full and shall not
accept any payment on account of the service from any other source if
the total of payments accepted would exceed the maximum rate set by
the board for that service.
To assure service limitations which are uniform and appropriate to
the levels of treatment required by the victim or derivative victim,
the board may review all claims for these services as necessary to
ensure their medical necessity. The board may further require
additional documentation, information, or medical review of cases of
continuing treatment which are projected to exceed five thousand
dollars ($5,000) to determine the need to continue treatment in
excess of that amount. The board may accept or reject claims for the
amount in excess of five thousand dollars ($5,000) by applying the
same standards applicable to processing the initial claim or may
approve a continuing treatment regimen for a specific interval or
subject to periodic review as appropriate. All information requested
of the treating therapist shall be provided at no cost to the
applicant, the board, or to local victim centers, pursuant to
subdivision (b) of Section 13962. Requests for additional
information shall be made in a timely manner so as not to interfere
with necessary treatment.
(k) The authority provided by this section shall not be construed
to in any way diminish, enhance, or otherwise affect any authority
which the board may have under current law except as explicitly
provided in this section.
(l) The board, in its discretion, may make payments directly to
providers prior to verification.
(m) Notwithstanding paragraph (1) of subdivision (a), the board
may reimburse a victim or derivative victim for mental health
counseling in excess of that authorized by that paragraph if the
claim is based on dire or exceptional circumstances that require more
extensive treatment, as approved by the board.
(n) Notwithstanding paragraph (1) of subdivision (a), if, as of
December 31, 1993, a person has incurred mental health counseling
expenses pursuant to this article in excess of one-half of the amount
specified in that subdivision, the board may award, in addition to
amounts awarded for previously incurred expenses, an amount equal to
not more than one-half of the applicable maximum amount specified in
that paragraph or any additional amounts as the board determines is
necessary.
(o) The limitations on the amounts which the board may reimburse
for loss of support and loss of wages pursuant to paragraphs (2) and
(3) of subdivision (a) shall not apply to victims or derivative
victims whose claims for loss of wages and loss of support had been
approved prior to January 1, 1994.
(p) This section shall remain in effect only until January 1,
2003, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2003, deletes or extends
that date.
SEC. 5.5. Section 13965 of the Government Code is amended to read:
13965. (a) If the application for assistance is approved, the
board shall determine what type of state assistance will best aid the
victim or derivative victim. The board may take any or all of the
following actions:
(1) Reimburse the following persons for the expense of their
out-patient mental health counseling when that mental health
counseling is necessary as a direct result of the crime:
(A) A victim in an amount not to exceed ten thousand dollars
($10,000).
(B) A derivative victim who is the surviving parent, sibling,
child, spouse, or fiance of a victim of a crime which directly
resulted in the death of the victim in an amount not to exceed ten
thousand dollars ($10,000).
(C) A derivative victim, as defined in subparagraph (A), (B), (C),
or (D) of paragraph (2) of subdivision (a) of Section 13960, who is
the primary caretaker of a minor victim of sexual or physical abuse
whose claim is not denied or reduced pursuant to subdivision (b) or
(d) of Section 13964 in a total amount not to exceed ten thousand
dollars ($10,000) for not more than two derivative victims described
in this subparagraph.
(D) A derivative victim not eligible for reimbursement pursuant to
subparagraph (B) or (C) in an amount not to exceed three thousand
dollars ($3,000), provided that mental health counseling of a
derivative victim under subparagraph (E) of paragraph (2) of
subdivision (a) of Section 13960 shall be reimbursed only if that
counseling is necessary for the treatment of the victim.
(E) A victim of a crime committed in violation of subdivision (d)
of Section 261.5 of the Penal Code in an amount not to exceed three
thousand dollars ($3,000) for mental health counseling expenses only.
A derivative victim of a crime committed in violation of
subdivision (d) of Section 261.5 of the Penal Code shall not be
eligible for reimbursement of mental health counseling expenses.
The board may authorize a direct cash payment to a provider of
psychological or psychiatric treatment or mental health counseling
services, including peer counseling services provided by a rape
crisis center as defined by Section 13837 of the Penal Code or to
either the victim or the derivative victim, equal to the pecuniary
loss attributable to medical or medical-related expenses, including
counseling, directly resulting from the injury. Reimbursement on the
initial claim for any psychological, psychiatric, or mental health
counseling services, including peer counseling services provided by a
rape crisis center, shall, if the application has been approved, be
paid by the board within 90 days of the date of receipt of the claim
for payment, with subsequent payments to be made to the provider
within one month of the receipt of a claim for payment. However, the
board may not authorize without good cause a direct cash payment to
a licensed health care provider or rape crisis center over the
objection of the applicant.
When a public agency, including a court or district attorney or a
police, county child protective services, or other state or local
governmental agency, refers a victim of crime to a private nonprofit
agency for treatment for that victim, the private nonprofit agency
shall be reimbursed for those services at the level of the normal and
customary fee charged by the private nonprofit agency to clients
with adequate means of payment for its services, except that this
reimbursement shall not exceed the maximum reimbursement rates set by
the board and may be made only to the extent that the victim
otherwise qualifies for services under the victims of crime program
and that other reimbursement or direct subsidies are not available to
serve the victim.
Payments authorized pursuant to this paragraph for peer counseling
services provided by a rape crisis center shall not exceed fifteen
dollars ($15) for each hour of services provided. Those services
shall be limited to individual, in-person counseling on a
face-to-face basis for a period not to exceed 10 weeks plus one
series of facilitated support group counseling sessions.
(2) Authorize a cash payment to the victim equal to the pecuniary
loss resulting from loss of wages directly resulting from the injury.
Loss of wages shall not be paid by the board for more than three
years following the crime. If the board determines, after review of
an application for assistance, including the evaluation of a
qualified provider, that pecuniary loss for which payment may be made
under this paragraph is expected to continue more than six months
after the date of approval of the victim's application for
assistance, disbursement shall commence and continue on a monthly
basis for the period of time pecuniary loss is expected to continue.
(3) Authorize a cash payment to a derivative victim described in
subparagraphs (A) and (B) of paragraph (2) of subdivision (a) of
Section 13960 who was legally dependent on the victim at the time of
the crime for the loss of support incurred by that person as a direct
result of the crime.
(A) Loss of support shall not be paid by the board for income lost
by an adult for a period of more than three years following the date
of the crime.
(B) Loss of support shall not be paid by the board on behalf of a
minor for a period beyond the child's attaining the age of 18 years.
(C) The total amount payable to all derivative victims for loss of
support pursuant to this paragraph as the result of one crime shall
not exceed forty-six thousand dollars ($46,000).
(4) Authorize cash payments to or on behalf of the victim for job
retraining or similar employment-oriented rehabilitative services.
(5) Obtain an independent examination and report from any provider
of psychological or psychiatric treatment or mental health
counseling services, if it believes there is a reasonable basis for
requesting an additional evaluation. In cases where the crime
involves sexual assault, the provider shall have expertise in the
needs of sexual assault victims. In cases where the crime involves
child abuse or molestation, the provider shall have expertise in the
needs of victims of child abuse or molestation, as appropriate. When
a reevaluation is obtained, payments shall not be discontinued prior
to completion of the reevaluation.
(6) When a victim dies as a direct result of a crime, the board
may reimburse any individual who voluntarily, and without
anticipation of personal gain, pays or assumes the obligation to pay,
the medical or burial expenses incurred as a direct result of the
crime for the medical or burial expenses incurred in an amount not to
exceed the rates or limitations established by the board.
(7) The total award to or on behalf of the victim or a derivative
victim shall not exceed twenty-three thousand dollars ($23,000), and
may be increased only in accordance with this section.
(8) In the event that the victim requests that the board give
priority to reimbursement of loss of wages, the board shall not pay
medical expenses or mental health counseling expenses except upon the
request of the victim or after determining that payment of these
expenses will not decrease the funds available to the victim for
payment of loss of wages.
(9) The board may authorize a direct cash payment to a provider of
services that are reimbursable pursuant to this article. However,
the board may not, without good cause, authorize a direct cash
payment to a provider over the objection of the victim or applicant.
(b) Assistance granted pursuant to this article shall not
disqualify an otherwise eligible victim or derivative victim from
participation in any other public assistance program.
(c) Cash payments made pursuant to this article may be on a
one-time or periodic basis. If periodic, the board may increase,
reduce, or terminate the amount of assistance according to the victim'
s or derivative victim's need, subject to the maximum limits provided
in this section.
(d) The board shall pay attorney's fees representing the
reasonable value of legal services rendered to the applicant, in an
amount equal to 10 percent of the amount of the award, or five
hundred dollars ($500), whichever is less for each victim and each
derivative victim. An attorney receiving fees from another source
may waive the right to receive fees under this section. Payments
under this section shall be in addition to any amount authorized or
ordered under subdivision (d) of Section 13969.1.
(e) No attorney shall charge, demand, receive, or collect any
amount for services rendered in connection with any proceedings under
this article except as awarded under this article.
(f) The maximum cash payments authorized in paragraph (7) of
subdivision (a) shall be increased to forty-six thousand dollars
($46,000) if federal funds for those increases are available.
(g) Notwithstanding subdivisions (a) and (f), a victim injured
between January 1, 1985, and December 31, 1985, shall be entitled to
receive a maximum cash payment of forty-six thousand dollars
($46,000) if federal funds for these increases are available, but
only for costs in excess of limitations provided for in subdivision
(a) which are attributable to medical or medical-related expenses,
except for psychological or psychiatric treatment, or mental health
counseling services.
(h) Notwithstanding any conflicting provision of this chapter, the
board may make additional payments for purposes described in
paragraph (1) of subdivision (a) to any victim who filed an
application with the board on or after December 1, 1982, who was a
victim of a crime involving sexual assault, and who is a minor at the
time the additional payments pursuant to this subdivision are made.
The payments authorized by this subdivision shall not exceed the
limits imposed by subdivisions (a) and (j).
(i) Reimbursement for any medical or medical-related services
shall, if the victim's application has been approved, be paid by the
board within an average of 90 days from receipt of the claim for
payment. Payments to a medical or mental health provider under this
subdivision or paragraph (1) of subdivision (a) shall not be
discontinued prior to completion of any reevaluation. Whether or not
a reevaluation is obtained, if the board determines that payments to
a provider shall be discontinued, the board shall notify the
provider of their discontinuance within 30 days of its determination.
(j) The board may establish maximum rates and service limitations
for reimbursement of medical and medical-related expenses, including
counseling expenses, for which restitution is requested pursuant to
this section. For mental health and counseling services, rates shall
not exceed the statewide average. The adoption, amendment, and
repeal of these maximum rates shall not be subject to the
Administrative Procedure Act under Chapter 3.5 (commencing with
Section 11340) of Part 1. An informational copy of the maximum rates
shall be filed with the Secretary of State upon adoption by the
board. A provider who accepts payment from the program for a service
shall accept the program's rates as payment in full and shall not
accept any payment on account of the service from any other source if
the total of payments accepted would exceed the maximum rate set by
the board for that service.
To assure service limitations which are uniform and appropriate to
the levels of treatment required by the victim or derivative victim,
the board may review all claims for these services as necessary to
ensure their medical necessity. The board may further require
additional documentation, information, or medical review of cases of
continuing treatment which are projected to exceed five thousand
dollars ($5,000) to determine the need to continue treatment in
excess of that amount. The board may accept or reject claims for the
amount in excess of five thousand dollars ($5,000) by applying the
same standards applicable to processing the initial claim or may
approve a continuing treatment regimen for a specific interval or
subject to periodic review as appropriate. All information requested
of the treating therapist shall be provided at no cost to the
applicant, the board, or to local victim centers, pursuant to
subdivision (b) of Section 13962. Requests for additional
information shall be made in a timely manner so as not to interfere
with necessary treatment.
(k) The authority provided by this section shall not be construed
to in any way diminish, enhance, or otherwise affect any authority
which the board may have under current law except as explicitly
provided in this section.
(l) The board, in its discretion, may make payments directly to
providers prior to verification.
(m) Notwithstanding paragraph (1) of subdivision (a), the board
may reimburse a victim or derivative victim for mental health
counseling in excess of that authorized by that paragraph if the
claim is based on dire or exceptional circumstances that require more
extensive treatment, as approved by the board.
(n) Notwithstanding paragraph (1) of subdivision (a), if, as of
December 31, 1993, a person has incurred mental health counseling
expenses pursuant to this article in excess of one-half of the amount
specified in that subdivision, the board may award, in addition to
amounts awarded for previously incurred expenses, an amount equal to
not more than one-half of the applicable maximum amount specified in
that paragraph or any additional amounts as the board determines is
necessary.
(o) The limitations on the amounts which the board may reimburse
for loss of support and loss of wages pursuant to paragraphs (2) and
(3) of subdivision (a) shall not apply to victims or derivative
victims whose claims for loss of wages and loss of support had been
approved prior to January 1, 1994.
(p) The total award to or on behalf of a victim of a crime
committed in violation of subdivision (d) of Section 261.5 of the
Penal Code shall not exceed three thousand dollars ($3,000) for
mental health counseling expenses only.
(q) This section shall remain in effect only until January 1, 2003,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2003, deletes or extends that date.
SEC. 5.7. Section 13965 is added to the Government Code, to read:
13965. (a) If the application for assistance is approved, the
board shall determine what type of state assistance will best aid the
victim or derivative victim. The board may take any or all of the
following actions:
(1) Reimburse the following persons for the expense of their
outpatient mental health counseling when that mental health
counseling is necessary as a direct result of the crime:
(A) A victim in an amount not to exceed ten thousand dollars
($10,000).
(B) A derivative victim who is the surviving parent, sibling,
child, spouse, or fiance of a victim of a crime which directly
resulted in the death of the victim in an amount not to exceed ten
thousand dollars ($10,000).
(C) A derivative victim who is the primary caretaker of a minor
victim of sexual or physical abuse whose claim is not denied or
reduced pursuant to subdivision (b) or (d) of Section 13964 in a
total amount not to exceed ten thousand dollars ($10,000) for not
more than two derivative victims described in this subparagraph.
(D) A derivative victim not eligible for reimbursement pursuant to
subparagraph (B) or (C) in an amount not to exceed three thousand
dollars ($3,000).
The board may authorize a direct cash payment to a provider of
psychological or psychiatric treatment or mental health counseling
services, including peer counseling services provided by a rape
crisis center as defined by Section 13837 of the Penal Code or to
either the victim or the derivative victim, equal to the pecuniary
loss attributable to medical or medical-related expenses, including
counseling, directly resulting from the injury. Reimbursement on the
initial claim for any psychological, psychiatric, or mental health
counseling services, including peer counseling services provided by a
rape crisis center, shall, if the application has been approved, be
paid by the board within 90 days of the date of receipt of the claim
for payment, with subsequent payments to be made to the provider
within one month of the receipt of a claim for payment. However, the
board may not authorize without good cause a direct cash payment to
a licensed health care provider or rape crisis center over the
objection of the applicant.
When a public agency, including a court or district attorney or a
police, county child protective services, or other state or local
governmental agency, refers a victim of crime to a private nonprofit
agency for treatment for that victim, the private nonprofit agency
shall be reimbursed for those services at the level of the normal and
customary fee charged by the private nonprofit agency to clients
with adequate means of payment for its services, except that this
reimbursement shall not exceed the maximum reimbursement rates set by
the board and may be made only to the extent that the victim
otherwise qualifies for services under the victims of crime program
and that other reimbursement or direct subsidies are not available to
serve the victim.
Payments authorized pursuant to this paragraph for peer counseling
services provided by a rape counseling center shall not exceed
fifteen dollars ($15) for each hour of services provided. Those
services shall be limited to individual, in-person counseling on a
face-to-face basis for a period not to exceed 10 weeks plus one
series of facilitated support group counseling sessions.
(2) Authorize a cash payment to the victim equal to the pecuniary
loss resulting from loss of wages directly resulting from the injury.
Loss of wages shall not be paid by the board for more than two
years following the crime. However, loss of wages may be extended
for one additional year if the victim is either enrolled in a program
of retraining or other rehabilitation approved by the board or has
established to the satisfaction of the board that because of his or
her disability arising from the crime he or she is unable to
participate in any retraining or rehabilitation. If the board
determines, after review of an application for assistance, including
the evaluation of a qualified provider, that pecuniary loss for which
payment may be made under this paragraph is expected to continue
more than six months after the date of approval of the victim's
application for assistance, disbursement shall commence and continue
on a monthly basis for the period of time pecuniary loss is expected
to continue.
(3) Authorize a cash payment to a derivative victim described in
subparagraphs (A) and (B) of paragraph (2) of subdivision (a) of
Section 13960 who was legally dependent on the victim at the time of
the crime for the loss of support incurred by that person as a direct
result of the crime.
(A) Loss of support shall not be paid by the board for income lost
by an adult for a period of more than two years and shall not extend
more than three years following the date of the crime.
(B) Loss of support shall not be paid by the board on behalf of a
minor for a period beyond the child's attaining the age of 18 years.
(C) The total amount payable to all derivative victims for loss of
support pursuant to this paragraph as the result of one crime shall
not exceed forty-six thousand dollars ($46,000).
(4) Authorize cash payments to or on behalf of the victim for job
retraining or similar employment-oriented rehabilitative services.
(5) Obtain an independent examination and report from any provider
of psychological or psychiatric treatment or mental health
counseling services, if it believes there is a reasonable basis for
requesting an additional evaluation. In cases where the crime
involves sexual assault, the provider shall have expertise in the
needs of sexual assault victims. In cases where the crime involves
child abuse or molestation, the provider shall have expertise in the
needs of victims of child abuse or molestation, as appropriate. When
a reevaluation is obtained, payments shall not be discontinued prior
to completion of the reevaluation.
(6) When a victim dies as a direct result of a crime, the board
may reimburse any individual who voluntarily, and without
anticipation of personal gain, pays or assumes the obligation to pay,
the medical or burial expenses incurred as a direct result of the
crime for the medical or burial expenses incurred in an amount not to
exceed the rates or limitations established by the board.
(7) The total award to or on behalf of the victim or a derivative
victim shall not exceed twenty-three thousand dollars ($23,000), and
may be increased only in accordance with this section.
(8) In the event that the victim requests that the board give
priority to reimbursement of loss of wages, the board shall not pay
medical expenses or mental health counseling expenses except upon the
request of the victim or after determining that payment of these
expenses will not decrease the funds available to the victim for
payment of loss of wages.
(9) The board may authorize a direct cash payment to a provider of
services that are reimbursable pursuant to this article. However,
the board may not, without good cause, authorize a direct cash
payment to a provider over the objection of the victim or applicant.
(b) Assistance granted pursuant to this article shall not
disqualify an otherwise eligible victim or derivative victim from
participation in any other public assistance program.
(c) Cash payments made pursuant to this article may be on a
one-time or periodic basis. If periodic, the board may increase,
reduce, or terminate the amount of assistance according to the victim'
s or derivative victim's need, subject to the maximum limits provided
in this section.
(d) The board shall pay attorney's fees representing the
reasonable value of legal services rendered to the applicant, in an
amount equal to 10 percent of the amount of the award, or five
hundred dollars ($500), whichever is less for each victim and each
derivative victim. An attorney receiving fees from another source
may waive the right to receive fees under this section. Payments
under this section shall be in addition to any amount authorized or
ordered under subdivision (d) of Section 13969.1.
(e) No attorney shall charge, demand, receive, or collect any
amount for services rendered in connection with any proceedings under
this article except as awarded under this article.
(f) The maximum cash payments authorized in paragraph (7) of
subdivision (a) shall be increased to forty-six thousand dollars
($46,000) if federal funds for those increases are available.
(g) Notwithstanding subdivisions (a) and (f), a victim injured
between January 1, 1985, and December 31, 1985, shall be entitled to
receive a maximum cash payment of forty-six thousand dollars
($46,000) if federal funds for these increases are available, but
only for costs in excess of limitations provided for in subdivision
(a) which are attributable to medical or medical-related expenses,
except for psychological or psychiatric treatment, or mental health
counseling services.
(h) Notwithstanding any conflicting provision of this chapter, the
board may make additional payments for purposes described in
paragraph (1) of subdivision (a) to any victim who filed an
application with the board on or after December 1, 1982, who was a
victim of a crime involving sexual assault, and who is a minor at the
time the additional payments pursuant to this subdivision are made.
The payments authorized by this subdivision shall not exceed the
limits imposed by subdivisions (a) and (j).
(i) Reimbursement for any medical or medical-related services
shall, if the victim's application has been approved, be paid by the
board within an average of 90 days from receipt of the claim for
payment. Payments to a medical or mental health provider under this
subdivision or paragraph (1) of subdivision (a) shall not be
discontinued prior to completion of any reevaluation. Whether or not
a reevaluation is obtained, if the board determines that payments to
a provider shall be discontinued, the board shall notify the
provider of their discontinuance within 30 days of its determination.
(j) The board may establish maximum rates and service limitations
for reimbursement of medical and medical-related expenses, including
counseling expenses, for which restitution is requested pursuant to
this section. For mental health and counseling services, rates shall
not exceed the statewide average. The adoption, amendment, and
repeal of these maximum rates shall not be subject to the
Administrative Procedure Act under Chapter 3.5 (commencing with
Section 11340) of Part 1. An informational copy of the maximum rates
shall be filed with the Secretary of State upon adoption by the
board. A provider who accepts payment from the program for a service
shall accept the program's rates as payment in full and shall not
accept any payment on account of the service from any other source if
the total of payments accepted would exceed the maximum rate set by
the board for that service.
To assure service limitations which are uniform and appropriate to
the levels of treatment required by the victim or derivative victim,
the board may review all claims for these services as necessary to
ensure their medical necessity. The board may further require
additional documentation, information, or medical review of cases of
continuing treatment which are projected to exceed five thousand
dollars ($5,000) to determine the need to continue treatment in
excess of that amount. The board may accept or reject claims for the
amount in excess of five thousand dollars ($5,000) by applying the
same standards applicable to processing the initial claim or may
approve a continuing treatment regimen for a specific interval or
subject to periodic review as appropriate. All information requested
of the treating therapist shall be provided at no cost to the
applicant, the board, or to local victim centers, pursuant to
subdivision (b) of Section 13962. Requests for additional
information shall be made in a timely manner so as not to interfere
with necessary treatment.
(k) The authority provided by this section shall not be construed
to in any way diminish, enhance, or otherwise affect any authority
which the board may have under current law except as explicitly
provided in this section.
(l) The board, in its discretion, may make payments directly to
providers prior to verification.
(m) Notwithstanding paragraph (1) of subdivision (a), the board
may reimburse a victim or derivative victim for mental health
counseling in excess of that authorized by that paragraph if the
claim is based on dire or exceptional circumstances that require more
extensive treatment, as approved by the board.
(n) Notwithstanding paragraph (1) of subdivision (a), if, as of
December 31, 1993, a person has incurred mental health counseling
expenses pursuant to this article in excess of one-half of the amount
specified in that subdivision, the board may award, in addition to
amounts awarded for previously incurred expenses, an amount equal to
not more than one-half of the applicable maximum amount specified in
that paragraph or any additional amounts as the board determines is
necessary.
(o) The limitations on the amounts which the board may reimburse
for loss of support and loss of wages pursuant to paragraphs (2) and
(3) of subdivision (a) shall not apply to victims or derivative
victims whose claims for loss of wages and loss of support had been
approved prior to January 1, 1994.
(p) This section shall become operative on January 1, 2003.
SEC. 6. (a) Section 2 of this bill incorporates amendments to
Section 13960 of the Government Code proposed by both this bill and
AB 645. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 1999, but this bill
becomes operative first, (2) each bill amends Section 13960 of the
Government Code, (3) AB 1803 is not enacted or as enacted does not
amend that section, and (4) this bill is enacted after AB 645, in
which case Section 13960 of the Government Code, as amended by
Section 1 of this bill, shall remain operative only until the
operative date of AB 645, at which time Section 2 of this bill shall
become operative, and Sections 2.3 and 2.5 of this bill shall not
become operative.
(b) Section 2.3 of this bill incorporates amendments to Section
13960 of the Government Code proposed by both this bill and AB 1803.
It shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 1999, but this bill becomes
operative first, (2) each bill amends Section 13960 of the Government
Code, (3) AB 645 is not enacted or as enacted does not amend that
section, and (4) this bill is enacted after AB 1803, in which case
Section 13960 of the Government Code, as amended by Section 1 of this
bill, shall remain operative only until the operative date of AB
1803, at which time Section 2.3 of this bill shall become operative,
and Sections 2 and 2.5 of this bill shall not become operative.
(c) Section 2.5 of this bill incorporates amendments to Section
13960 of the Government Code proposed by this bill, AB 645, and AB
1803. It shall only become operative if (1) all three bills are
enacted and become effective on or before January 1, 1999, but this
bill becomes operative first, (2) all three bills amend Section 13960
of the Government Code, and (3) this bill is enacted after AB 645
and AB 1803, in which case Section 13960 of the Government Code, as
amended by Section 1 of this bill, shall remain operative only until
the operative date of AB 645 and AB 1803, at which time Section 2.5
of this bill shall become operative, and Sections 2 and 2.3 of this
bill shall not become operative.
SEC. 7. Section 4.5 of this bill incorporates amendments to
Section 13964 of the Government Code proposed by both this bill and
AB 645. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 1999, but this bill
becomes operative first, (2) each bill amends Section 13964 of the
Government Code, and (3) this bill is enacted after AB 645, in which
case Section 13964 of the Government Code, as amended by Section 4 of
this bill, shall remain operative only until the operative date of
AB 645, at which time Section 4.5 of this bill shall become
operative.
SEC. 8. Section 5.5 of this bill incorporates amendments to
Section 13965 of the Government Code proposed by both this bill and
AB 645. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 1999, but this bill
becomes operative first, (2) each bill amends Section 13965 of the
Government Code, and (3) this bill is enacted after AB 645, in which
case Section 13965 of the Government Code, as amended by Section 5 of
this bill, shall remain operative only until the operative date of
AB 645, at which time Section 5.5 of this bill shall become
operative.
SEC. 9. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order that victims and derivative victims may receive needed
assistance as quickly as possible, it is necessary that this act take
effect immediately.