BILL NUMBER: SB 2202 CHAPTERED
BILL TEXT
CHAPTER 557
FILED WITH SECRETARY OF STATE SEPTEMBER 18, 1998
APPROVED BY GOVERNOR SEPTEMBER 17, 1998
PASSED THE SENATE AUGUST 6, 1998
PASSED THE ASSEMBLY JULY 7, 1998
AMENDED IN ASSEMBLY JUNE 17, 1998
AMENDED IN ASSEMBLY JUNE 1, 1998
AMENDED IN SENATE APRIL 1, 1998
INTRODUCED BY Senator Haynes
FEBRUARY 20, 1998
An act to amend Section 13961.1 of the Government Code, relating
to victims of crime, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 2202, Haynes. Victims of crime: emergency awards: funeral
and burial expenses.
Existing law authorizes the State Board of Control to make
emergency awards to victims and derivative victims of certain crimes
if the victim incurs loss of income or the derivative victim incurs
loss of support, or if the victim requires emergency medical
treatment, and sets forth the procedures to be followed in that
regard. These awards are made from the Restitution Fund, which is
continuously appropriated to the board to indemnify victims of crime.
This bill would additionally authorize the board to make an
emergency award of up to $5,000 if the victim dies as a result of the
crime and any individual, without anticipation of personal gain,
incurs the funeral and burial expense. The bill would make
conforming changes in the procedures to be followed in regard to the
emergency award and would require the submission of additional
qualifying reports and statements in connection with the new category
of emergency awards. By providing for a new use for a continuously
appropriated fund, this bill would make an appropriation.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 13961.1 of the Government Code is amended to
read:
13961.1. (a) An emergency award shall be available for a victim
or derivative victim if any of the following occur as a result of the
crime:
(1) The victim incurs loss of income or the derivative victim
incurs loss of support.
(2) The victim requires emergency medical treatment.
(3) The victim dies as a result of the crime and any individual,
without anticipation of personal gain, incurs the funeral and burial
expense.
(b) Emergency award application forms shall be provided by the
board upon request of the applicant. The board shall make available
the application forms through all means at its disposal.
(c) The board may grant an emergency award based solely on the
application of the victim or derivative victim. Disbursements of
funds for emergency awards shall be made within 30 business days of
application. The board may refuse to grant an emergency award where
it has reason to believe that the applicant will not qualify for an
award for assistance under this article. The board may delegate
authority to designated staff persons, who will use guidelines
established by the board, to grant emergency awards. By mutual
agreement between the staff of the board and the applicant or the
applicant's representative, the staff of the board or the applicant's
representative may take additional 10-day periods to verify the
emergency award claim and make payment.
(d) An applicant for an emergency award is not entitled to a
hearing before the board to contest a denial of an emergency award.
However, the applicant may submit an application for a regular award
and is entitled to a hearing pursuant to Section 13963 if that
application is recommended for denial.
(e) The application for an emergency award shall notify the
applicant that he or she must complete the regular application within
one year of the date of the crime or certify that he or she does not
anticipate claiming reimbursements in addition to those claimed in
the application for an emergency award.
(f) If the applicant certifies that no expenses will be claimed
beyond those claimed in the emergency award, the board shall
subsequently verify the emergency award application upon receipt of
the crime report or any other information the board may require. The
other information shall include statements signed by the applicant
authorizing the release of information to the board necessary for the
verification of the claimed losses, and authorizing a lien in favor
of the board against any recovery by the applicant by judgment,
settlement, or otherwise as a result of any injury to the victim.
(g) If upon final disposition of the regular application or
verification of the emergency award, it is found that the applicant
is not eligible for assistance from the board, the applicant shall
reimburse the board for the emergency award pursuant to an agreed
upon repayment schedule. If upon a final disposition of the
application, the board grants assistance to the applicant, the amount
of the emergency award shall be deducted from the final award of
compensation granted; and, if the amount of the grant is less than
the amount of the emergency award, the excess amount shall be repaid
according to an agreed upon repayment schedule. Final disposition
for the purposes of this section shall mean the final decision of the
board with respect to the victim's or derivative victim's
application for assistance, before any appellate action is
instituted. If an application for an emergency award is denied, the
board shall notify the applicant in writing of the reasons for the
denial.
(h) The amount of the emergency award shall be dependent upon the
immediate needs of the victim or derivative victim, as evidenced by
the victim's loss of income or the derivative victim's loss of
support, the funeral and burial expenses incurred on behalf of the
victim, and other losses incurred as a direct result of the crime
before filing or reasonably anticipated during the first 90 days
after the initial filing of an application. Except for applications
filed pursuant to paragraph (3) of subdivision (a), in no event shall
the amount of the emergency award exceed two thousand dollars
($2,000). Where an application has been filed pursuant to paragraph
(3) of subdivision (a), the amount of the emergency award shall not
exceed five thousand dollars ($5,000).
(i) The emergency award application shall require only the
following:
(1) The name, address, and telephone number of the victim or
derivative victim on whose behalf the application is made.
(2) A brief description of the nature and circumstances of the
crime, including the date and location.
(3) The date the crime was reported to a law enforcement agency
and the name and address of the agency.
(4) The name, address, and telephone number of the employer or
self-employing entity, the loss of income or support to date and
estimate of future loss.
(5) The nature of the injury and the name, address, and telephone
number of medical providers and the cost of medical care incurred to
date.
(6) The name, address, and telephone number of the funeral and
burial providers and the cost of funeral and burial expenses incurred
to date.
(7) A statement that in the event the applicant is later found
ineligible for assistance under this article or the final award is
less than the emergency award, the applicant will be required to
repay the excess amount.
(8) The applicant's signature and a statement that the information
is supplied under penalty of perjury, violation of which is
punishable by six months in the county jail.
(j) Where an application has been filed pursuant to paragraph (3)
of subdivision (a), the application for the emergency award shall
additionally contain the following:
(1) A statement that in the event the applicant receives
reimbursement from another source, including, but not limited to,
court-ordered restitution or life insurance, either in whole or in
part for the funeral and burial expenses incurred on behalf of the
victim, that the applicant will be required to repay the board.
(2) A complete copy of the report regarding the incident and any
supplemental reports involving the crime, public offense, or incident
giving rise to the claim, as prepared by a law enforcement agency
pursuant to subdivision (d) of Section 13968. This report may, at
the discretion of the law enforcement agency and as provided in
subdivision (e) of Section 13968, exclude the names of witnesses or
informants, if the release of this information would be detrimental
to the parties or to an investigation currently in progress.