BILL ANALYSIS
AB 2869
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Date of Hearing: May 10, 2006
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Judy Chu, Chair
AB 2869 (Leno) - As Amended: March 30, 2006
Policy Committee: Public Safety
Vote: 7-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill requires the California Victim Compensation and
Government Claims Board (Board), pursuant to specified
sections of the Government Code, to award compensation to an
individual seeking reimbursement for burial and funeral expenses
if the deceased person died as a result of a crime-regardless of
whether the deceased person was 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 otherwise ineligible for
compensation.
FISCAL EFFECT
Unknown, probably minor costs to the Restitution Fund for
additional funeral and burial expenses, which are capped at
$7,500. Though there is no solid data on such claims, the Board
anticipates that no more than 10 to 15 families would qualify
for expenses as a result of this measure, which would likely
result in a cost of less than $90,000.
The Restitution Fund is projected to have a $100 million reserve
at the close of 2006-07.
COMMENTS
1)Rationale . The author cites inconsistent Board practice
regarding reimbursement for funeral/burial expenses under the
current statute - which the Board acknowledges - and intends
AB 2869
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to clarify ambiguity in the current statute to make clear the
intent of the Legislature to have the Board accept the claims
of families for reimbursement of funeral/burial costs for
persons who died as crime victims, even if they were on parole
or probation at the time of their death.
The author states, "A group of constituents came to visit me
who had been denied such claims. These constituents were so
proud of their sons/family members who had left their gang
pasts behind after release from prison, were working hard to
support their families, but were gunned down by their former
gang for doing exactly what society had asked them to do -
distance themselves from the gang and live honest and
hard-working lives.
"The simple fact that their sons were still on parole or
probation (for a lesser crime) at the time they were gunned
down resulted in a denial of their families' claims for
burial/funeral expenses. This bill attempts to provide clarity
in the statute so that guidance from the Board governing
claims for burial or funeral expenses is consistent from year
to year so that we treat victims of violent crime consistently
as long as they were not perpetrators of the crime that
resulted in their death.
2)Current law prohibits a felon from receiving compensation from
the VCP while incarcerated, on parole, or on probation. Since
claims for funeral and burial expense are made on behalf of
the deceased victim, compensation is denied when the victim is
a felon at the time of the crime, regardless of whether the
individual who paid the expense is a felon or non-felon.
The Board acknowledges there has been some disagreement over
the interpretation of current statues. Some advocates in
victims' services contend the benefit should be tied to the
status of the individual who pays for the funeral. The law
does not directly address this type of situation.
3)Suggested Amendment . The pertinent language is uncodified in
this bill. It may be more definitive - and clearer - to simply
state that, notwithstanding the relevant section of law, "a
person is entitled to reimbursement under this paragraph
without respect to the felon status of the victim when the
victim meets all other eligibility criteria set forth in this
part."
AB 2869
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Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081