BILL NUMBER: AB 2869 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Leno
FEBRUARY 24, 2006
An act to amend Sections 13952 and 13955 of the Government Code,
relating to crime victims.
LEGISLATIVE COUNSEL'S DIGEST
AB 2869, as introduced, Leno Crime victims: compensation: burial
expenses.
Existing law provides for the indemnification of victims of
specified types of crimes by the California Victim Compensation and
Government Claims Board, subject to specified criteria. A person is
generally eligible for compensation if he or she is a victim or
derivative victim of a crime, as defined, or he or she voluntarily
paid the funeral and burial expenses of a victim of a crime. Existing
law provides that no person who is convicted of a felony may be
granted compensation by the board until after discharge from
probation or release from a correctional institution and discharge
from parole.
This bill would declare the intent of the Legislature that the
board, pursuant to these provisions, award compensation to an
individual seeking reimbursement for burial or funeral expenses if
the deceased person died as a result of a crime, regardless of
whether the deceased person was a felon not yet discharged from
probation or parole, as long as the person seeking reimbursement is
not a felon ineligible for reimbursement.
This bill would also make other technical, conforming changes.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature that the California
Victim Compensation and Government Claims Board, pursuant to
paragraph (1) of subdivision (b) of Section 13952 of, paragraph (3)
of subdivision (a) of Section 13955 of, and subparagraph (C) of
paragraph (9) of subdivision (a) of Section 13957 of, the Government
Code, award compensation to an individual seeking reimbursement for
burial or funeral expenses if the deceased person died as a result of
a crime, regardless of whether the deceased person was a felon as
long as the individual seeking reimbursement is not a felon
ineligible for compensation.
SEC. 2. Section 13952 of the Government Code is amended to read:
13952. (a) An application for compensation shall be filed with
the board in the manner determined by the board.
(b) (1) The application for compensation shall be verified under
penalty of perjury by the individual who is seeking compensation, who
may be the victim or derivative victim, or an individual seeking
reimbursement for burial, funeral, or crime scene cleanup expenses
pursuant to subdivision (i) paragraph (9) of
subdivision (a) of Section 13957. If the individual seeking
compensation 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, guardian, conservator, or relative
caregiver of the victim or derivative victim for whom the application
is made. However, if a minor seeks compensation only for expenses
for medical, medical related, psychiatric, psychological, or other
mental health counseling related services and the minor is authorized
by statute to consent to those services, the minor may verify the
application for compensation under penalty of perjury.
(2) For purposes of this subdivision, "relative caregiver" means a
relative as defined in subdivision (i) of Section 6550 of the Family
Code, who assumed primary responsibility for the child while the
child was in the relative's care and control, and who is not a
biological or adoptive parent.
(c) (1) The board may require submission of additional information
supporting the application that is reasonably necessary to verify
the application and determine eligibility for compensation.
(2) The staff of the board shall determine whether an application
for compensation contains all of the information required by the
board. If the staff determines that an application does not contain
all of the required information, the staff shall communicate that
determination to the applicant with a brief statement of the
additional information required. The applicant, within 30 calendar
days of being notified that the application is incomplete, may either
supply the additional information or appeal the staff's
determination to the board, which shall review the application to
determine whether it is complete.
(d) (1) The board may recognize an authorized representative of
the victim or derivative victim, who shall represent the victim or
derivative victim pursuant to rules adopted by the board.
(2) For purposes of this subdivision, an "authorized
representative" means any of the following:
(A) An attorney.
(B) If the victim or derivative victim is a minor or an
incompetent adult, the legal guardian or conservator, or an immediate
family member, parent, or relative caregiver who is not the
perpetrator of the crime that gave rise to the claim.
(C) A victim assistance advocate certified pursuant to Section
13835.10 of the Penal Code.
(D) An immediate family member of the victim or derivative victim,
who has written authorization by the victim or derivative victim,
and who is not the perpetrator of the crime that gave rise to the
claim.
(E) Other persons who shall represent the victim or derivative
victim pursuant to rules adopted by the board.
(3) Except for attorney's fees awarded under this chapter, no
authorized representative described in paragraph (2) shall charge,
demand, receive, or collect any amount for services rendered under
this subdivision.
SEC. 3. Section 13955 of the Government Code is amended to read:
13955. Except as provided in Section 13956, a person shall be
eligible for compensation when all of the following requirements are
met:
(a) The person for whom compensation is being sought is any of the
following:
(1) A victim.
(2) A derivative victim.
(3) A person who is entitled to reimbursement for funeral, burial,
or crime scene cleanup expenses pursuant to subdivision (i)
paragraph (9) of subdivision (a) of
Section 13957.
(b) Either of the following conditions is met:
(1) The crime occurred within the State of California
this state , whether or not the victim is a
resident of the State of California state
. This paragraph shall apply only during those time periods
during which the board determines that federal funds are available to
the State of California state for the
compensation of victims of crime.
(2) Whether or not the crime occurred within the State of
California, the victim was any of the following:
(A) A resident of the State of California
state .
(B) A member of the military stationed in California.
(C) A family member living with a member of the military stationed
in California this state .
(c) If compensation is being sought for a derivative victim, the
derivative victim is a resident of California
this state , or resident of another state, who is any of the
following:
(1) At the time of the crime was the parent, grandparent, sibling,
spouse, child, or grandchild of the victim.
(2) At the time of the crime was living in the household of the
victim.
(3) At the time of the crime was 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 paragraph (1).
(4) Is another family member of the victim, including, but not
limited to, the victim's fiance or fiancee, and who witnessed the
crime.
(5) Is the primary caretaker of a minor victim, but was not the
primary caretaker at the time of the crime.
(d) The application is timely pursuant to Section 13953.
(e) (1) Except as provided in paragraph (2), the injury or death
was a direct result of a crime.
(2) Notwithstanding paragraph (1), 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 chapter,
except when the injury or death from such an act was any of the
following:
(A) Intentionally inflicted through the use of a motor vehicle,
aircraft, or water vehicle.
(B) Caused by a driver who fails to stop at the scene of an
accident in violation of Section 20001 of the Vehicle Code.
(C) Caused by a person who is under the influence of any alcoholic
beverage or drug.
(D) 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.
(E) Caused by a person who commits vehicular manslaughter in
violation of subdivision (c) of Section 192 or Section 192.5 of the
Penal Code.
(F) Caused by any party where a peace officer is operating a motor
vehicle in an effort to apprehend a suspect, and the suspect is
evading, fleeing, or otherwise attempting to elude the peace officer.
(f) As a direct result of the crime, the victim or derivative
victim sustained one or more of the following:
(1) Physical injury. The board may presume a child who has been
the witness of a crime of domestic violence has sustained physical
injury. A child who resides in a home where a crime or crimes of
domestic violence have occurred may be presumed by the board to have
sustained physical injury, regardless of whether the child has
witnessed the crime.
(2) Emotional injury and a threat of physical injury.
(3) Emotional injury, where the crime was a violation of any of
the following provisions:
(A) 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.
(B) Section 270 of the Penal Code, where the emotional injury was
a result of conduct other than a failure to pay child support, and
criminal charges were filed.
(C) Section 261.5 of the Penal Code, and criminal charges were
filed.
(D) Section 278 or 278.5 of the Penal Code, where the deprivation
of custody as described in those sections has endured for 30 calendar
days or more. For purposes of this paragraph, the child, and not the
nonoffending parent or other caretaker, shall be deemed the victim.
(g) The injury or death has resulted or may result in pecuniary
loss within the scope of compensation pursuant to Sections 13957 to
13957.9, inclusive.