BILL NUMBER: AB 1803 CHAPTERED
BILL TEXT
CHAPTER 700
FILED WITH SECRETARY OF STATE SEPTEMBER 22, 1998
APPROVED BY GOVERNOR SEPTEMBER 21, 1998
PASSED THE ASSEMBLY AUGUST 28, 1998
PASSED THE SENATE AUGUST 25, 1998
AMENDED IN SENATE AUGUST 20, 1998
AMENDED IN SENATE JUNE 1, 1998
AMENDED IN ASSEMBLY APRIL 15, 1998
AMENDED IN ASSEMBLY MARCH 19, 1998
INTRODUCED BY Assembly Member Lempert
FEBRUARY 10, 1998
An act to amend, repeal, and add Section 13960 of the Government
Code, relating to crime victims, and making an appropriation
therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 1803, Lempert. Crime victims: restitution.
Under existing law, crime victims, as defined, may obtain
restitution for injury sustained as a direct result of a crime.
Injury is defined for purposes of these provisions as including
emotional injury if that injury is incurred by a victim who also
sustains physical injury or threat of physical injury. Under this
law, a victim of specified crimes, who sustains emotional injury, is
presumed to have sustained physical injury. Reimbursement under
these provisions is made from the Restitution Fund, which is
continuously appropriated to the State Board of Control for paying
restitution to victims of crimes.
This bill would apply this presumption additionally to a child who
is a victim of a violation of the crime of deprivation of lawful
child custody. The bill also would provide that this presumption may
be applied by the board to a child who has witnessed a crime of
domestic violence.
By enlarging the class of persons eligible for restitution that is
payable from a continuously appropriated fund, this bill would make
an appropriation.
This bill would incorporate additional changes in Section 13960 of
the Government Code proposed by AB 535 and AB 645, 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.
The provisions enacted by 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until January 1, 2003, and as of that date would be repealed, unless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.
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 or fiancee, and witnessed 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.
(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.
(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 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.
(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. 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. 4. 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. 5. 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. 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, (2) each bill
amends Section 13960 of the Government Code, (3) AB 535 is not
enacted or as enacted does not amend that section, and (4) this bill
is enacted after AB 645, in which case Section 2 of this bill shall
become operative, and Sections 1, 3, and 4 of this bill shall not
become operative.
(b) Section 3 of this bill incorporates amendments to Section
13960 of the Government Code proposed by both this bill and AB 535.
It shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 1999, (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 535, in which case Section 13960 of the Government Code, as
amended by AB 535, shall remain operative only until the operative
date of this bill, at which time Section 3 of this bill shall become
operative, and Sections 1, 2, and 4 of this bill shall not become
operative.
(c) Section 4 of this bill incorporates amendments to Section
13960 of the Government Code proposed by this bill, AB 645, and AB
535. It shall only become operative if (1) all three bills are
enacted and become effective on or before January 1, 1999, (2) all
three bills amend Section 13960 of the Government Code, and (3) this
bill is enacted after AB 645 and AB 535, in which case Section 13960
of the Government Code, as amended by AB 535, shall remain operative
only until the operative date of this bill and AB 645, at which time
Section 4 of this bill shall become operative, and Sections 1, 2, and
3 of this bill shall not become operative.