BILL NUMBER: AB 2319	CHAPTERED
	BILL TEXT

	CHAPTER   447
	FILED WITH SECRETARY OF STATE   SEPTEMBER 14, 1998
	APPROVED BY GOVERNOR   SEPTEMBER 13, 1998
	PASSED THE ASSEMBLY   AUGUST 20, 1998
	PASSED THE SENATE   AUGUST 17, 1998
	AMENDED IN SENATE   JULY 16, 1998
	AMENDED IN SENATE   JUNE 11, 1998
	AMENDED IN SENATE   JUNE 3, 1998
	AMENDED IN ASSEMBLY   MARCH 26, 1998

INTRODUCED BY   Assembly Member Knox

                        FEBRUARY 19, 1998

   An act to amend Section 13961 of the Government Code, relating to
victims of crime.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2319, Knox.  Victims of crime.
   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.
  Existing law requires that an application for assistance be filed
within one year after the date of the crime or the victim attains the
age of 18 years, whichever is later, and authorizes the board for
good cause to grant an extension of this time period not to exceed 3
years.
   This bill would additionally authorize the board to extend those
time periods under prescribed circumstances.


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


  SECTION 1.  Section 13961 of the Government Code is amended to
read:
   13961.  (a) A victim or derivative victim may file an application
for assistance with the board.
   (b) The board shall supply and make available an application form
for this purpose.  The form shall be in one part, in laymen's terms,
and shall be accompanied by information including, but not limited
to, all of the following:
   (1) The eligibility of applicants, the types of claims covered,
and the maximum amount payable for these claims.
   (2) Information explaining the procedure to be used to evaluate an
applicant's claims.
   (3) Other information pertinent to the applicant as deemed
necessary by the board.
   (4) Information about the existence and location of local victim
centers.
   (c) (1) The period prescribed for the filing of an application for
assistance shall be one year after the date of the crime or one year
after the victim attains 18 years of age, whichever is later.
   (2) The board may for good cause grant an extension of the time
period in paragraph (1) not to exceed three years after the date of
the crime or after the victim attains 18 years of age, whichever is
later.
   (3) The board may grant an extension of the time period in
paragraph (1) or (2) if either (A), (B), or (C) is true:
   (A) The application is filed within one year from the date of the
filing of an indictment, information, or complaint alleging the facts
that gave rise to the application; and the prosecuting attorney
recommends that the board find that the applicant cooperated with law
enforcement and the prosecuting attorney in the apprehension and
prosecution of the person charged with the crime, and the board so
finds.
   (B) A victim is called to testify in a criminal proceeding
adjudicating the facts that gave rise to the application; the
application is filed within one year of the completion of the victim'
s testimony; and the prosecuting attorney recommends that the board
find that the applicant cooperated with law enforcement and the
prosecuting attorney in the apprehension and prosecution of the
person charged with the crime, and the board so finds.
   (C) The application is filed within one year of the time that a
formal written decision is made by the prosecuting attorney not to
prosecute, and the prosecuting attorney recommends that the board
find that the applicant cooperated with law enforcement and the
prosecuting attorney in the investigation and consideration of the
crime for prosecution, and the board so finds.
   (d) The application for assistance shall be verified under penalty
of perjury by the victim or derivative victim.  If the victim or
derivative victim is a minor or is incompetent, the application shall
be verified under penalty of perjury or on information and belief by
the parent with legal custody or the legal guardian of the victim or
derivative victim for whom the application is made.
   (e) The application shall contain all of the following:
   (1) A description of the date, nature, and circumstances of the
crime or public offense.
   (2) A complete financial statement, including, but not limited to,
the cost of medical care or burial expense and the loss of wages
that the victim or the loss of support that the derivative victim has
incurred or will incur and the extent to which the applicant has
been or will be indemnified for these expenses from any source.
   (3) When appropriate, a statement indicating the extent of any
disability resulting from the injury incurred.
   (4) An authorization permitting the board or a local victim
center, or both, to verify the contents of the application.
   (5) Any other information as the board may require.