BILL ANALYSIS
SB 314
Page 1
SENATE THIRD READING
SB 314 (Ron Calderon)
As Amended June 1, 2009
2/3 vote
SENATE VOTE :38-0
PUBLIC SAFETY 7-0 APPROPRIATIONS 15-0
-----------------------------------------------------------------
|Ayes:|Arambula, Hagman, |Ayes:|De Leon, Nielsen, |
| |Ammiano, Furutani, | |Ammiano, |
| |Gilmore, Hill, Ma | |Charles Calderon, Coto, |
| | | |Davis, Duvall, Fuentes, |
| | | |Hall, Harkey, Miller, |
| | | |John A. Perez, Skinner, |
| | | |Audra Strickland, |
| | | |Torlakson |
| | | | |
-----------------------------------------------------------------
SUMMARY : Directs the State Controller to deduct unpaid
restitution fines from a person's income tax refund; and
authorizes the Victims Compensation and Government Claims Board
(VCGCB) to authorize reimbursement of more than $2,000 for a
victim's relocation expenses, where the additional money is
appropriate due to the unusual, dire, or exceptional
circumstances of a particular claim.
EXISTING LAW :
1)Requests the State Controller to offset delinquent accounts
against personal income tax refunds which have been certified
by the Franchise Tax Board, in the following priority:
a) The non-payment of child or family support accounts
enforced by a local child support agency;
b) The non-payment of child or family support accounts
enforced by a person other than a local child support
agency;
c) The non-payment of spousal support accounts enforced by
a local child support agency;
SB 314
Page 2
d) The non-payment of spousal support accounts enforced by
a person other than a local child support agency;
e) The benefit overpayment accounts administered by the
Employment Development Department if no signed
reimbursement agreement exists, or if two consecutive
payments on a reimbursement agreement are delinquent at any
time; and,
f) The other offset accounts in the priority determined by
the State Controller.
2)Authorizes a cash payment or reimbursement not to exceed
$2,000 to a victim for expenses incurred in relocating, if the
expenses are determined by law enforcement to be necessary for
the personal safety of the victim or by a mental health
treatment provider to be necessary for the emotional
well-being of the victim.
3)Directs cash payments or reimbursements to only be awarded to
one claimant per crime giving rise to the relocation. VCGCB
may authorize more than one relocation per crime if necessary
for the personal safety or emotional well-being of the
claimant. However, the total cash payment or reimbursement
for all relocations due to the same crime shall not exceed
$2,000. For purposes of this paragraph a claimant is the
crime victim, or, if the victim is deceased, a person who
resided with the deceased at the time of the crime.
4)Allows VCGCB, under compelling circumstances, to award a
second cash payment or reimbursement to a victim for another
crime if both of the following conditions are met:
a) The crime occurs more than three years from the date of
the crime giving rise to the initial relocation cash
payment or reimbursement; and,
b) The crime does not involve the same offender.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis:
1)Minor increase, likely less than $150,000, in restitution
funding as a result of income tax offsets.
SB 314
Page 3
2)Negligible costs to the Controller to process additional
income tax offsets.
3)Minor increase in relocation payments, likely less than
$150,000, from the Restitution Fund.
COMMENTS : According to the author, "Because victims of violent
crimes are often left with physical, emotional, and financial
scars, it is essential that the Victim Compensation Program
(VCP) be in a position to assist victims. By assigning debts to
the VCP a higher priority within the tax collecting schedule, SB
314 makes sure that the Franchise Tax Board (FTB) collects these
debts in a more timely manner.
"The Victims' Restitution Fund receives most of its revenue from
fines and penalties collected from criminal offenders.
Continuous raiding by the Governor and/or Legislature has left
the Victims Restitution Fund (housed under the VCGCB) threatened
with insolvency. Under current law, State agencies may order
that the FTB divert tax return money to agencies that are owed
outstanding debt. Different types of debt are assigned different
priority levels in order to determine their order of payment.
"SB 314 puts payments to the Restitution Fund from the FTB at a
higher priority than payments to other entities. The purpose of
this is to restore funds as soon as possible back into the
Victims Restitution Fund. Secondly, SB 314 gives VCGCB the
authority to award more money than what is currently allowed for
victims needing assistance with relocation assistance. The
ability to award additional funds shall be done at the Board's
discretion where the Board deems it to be appropriate due to
extenuating circumstances."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Nicole J. Hanson / PUB. S. / (916)
319-3744
FN: 0001887