BILL NUMBER: AB 2869 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 30, 2006
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 amended, 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 require the board, pursuant to these
provisions , and notwithstanding any other
provision of law or decision of the board, to 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 deceased person was not involved in the
commission of a crime at the time of death and the person
seeking reimbursement is not a felon
otherwise ineligible for reimbursement.
This bill would also make other technical, conforming changes.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . 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
The California Victim Compensation and Government
Claims Board, notwithstanding any other provision of law or
decision of the board, shall, 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 not discharged from probation or parole as
long as the deceased person was not involved in the commission of a
crime at the time of death and the individual seeking
reimbursement is not a felon otherwise
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 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 paragraph (9) of
subdivision (a) of Section 13957.
(b) Either of the following conditions is met:
(1) The crime occurred within this state, whether or not the
victim is a resident of the state. This paragraph shall apply only
during those time periods during which the board determines that
federal funds are available to the 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.
(B) A member of the military stationed in California.
(C) A family member living with a member of the military stationed
in this state.
(c) If compensation is being sought for a derivative victim, the
derivative victim is a resident of 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.