BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1299|
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UNFINISHED BUSINESS
Bill No: SB 1299
Author: Wright (D)
Amended: 6/12/12
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/24/12
AYES: Hancock, Anderson, Calderon, Harman, Liu, Price,
Steinberg
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 37-0, 5/21/12
AYES: Alquist, Anderson, Berryhill, Blakeslee, Calderon,
Cannella, Corbett, De Le�n, DeSaulnier, Dutton, Emmerson,
Evans, Fuller, Gaines, Hancock, Hernandez, Huff, Kehoe,
La Malfa, Leno, Lieu, Liu, Lowenthal, Negrete McLeod,
Padilla, Pavley, Price, Rubio, Simitian, Steinberg,
Strickland, Vargas, Walters, Wolk, Wright, Wyland, Yee
NO VOTE RECORDED: Correa, Harman, Runner
ASSEMBLY FLOOR : 78-0, 8/23/12 - See last page for vote
SUBJECT : Victims of crime: compensation
SOURCE : Author
DIGEST : This bill modifies the process by which crime
victims seek reimbursement from the California Victim
Compensation and Government Claims Board (Board) for
pecuniary losses resulting from a crime.
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Assembly Amendments (1) streamline guidelines that the
Board must follow, (2) increase from one year to three
years, the time period in which crime victims may file for
compensation, and (3) repeal a requirement in existing law
for the Board to develop a simplified procedure for paying
claims.
ANALYSIS : Existing law provides for the indemnification
of victims and derivative victims of specified types of
crimes by the Board, subject to specified criteria for,
among other things, submission and verification of
applications, eligibility for emergency awards and
compensation for specified services, procedures for
hearings with respect to the denial of awards, and
publicizing of the program by the Board. Payment is made
under these provisions from the Restitution Fund, which is
continuously appropriated to the Board for these purposes.
Existing law authorizes the Board to adopt regulations
pursuant to existing law governing matters within its
jurisdiction and to recognize an authorized representative
of the victim or derivative victim who is required to
represent the victim or derivative victim pursuant to rules
adopted by the Board.
Existing law authorizes the Board to establish maximum
rates and service limitations for reimbursement of
specified services and defines certain terms for purposes
of the claim payment process.
This bill:
1. Adds county social workers to the list of people
authorized to file a claim with the Board on behalf of a
victim if the victim is a child abuse victim or an elder
abuse victim, and that victim is unable to file on
his/her own behalf.
2. States that any county social worker acting as the
applicant for a child victim or elder abuse victim shall
not be required to provide personal identification,
including, but not limited to, the applicant's date of
birth or social security number.
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3. States that county social workers acting in this
capacity shall not be required to sign a promise of
repayment to the Board.
4. Extends the time period in which a victim may file a
claim with the Board from one year to three years from
the date of the crime, from the date the victim becomes
18 years old, or from the time the victim or derivative
victim knew or in the exercise of ordinary diligence
could have discovered that an injury or death had been
sustained as a result of the crime, whichever is later.
5. Requires the Board, when determining whether or not to
grant an extension of time in which a victim or
derivative victim may file a claim, to consider whether
or not the victim or derivative victim incurs emotional
harm or a pecuniary loss while testifying during the
prosecution or in the punishment of the person accused
or convicted of the crime or when the person convicted
of the crime is scheduled for a parole hearing or
released from incarceration.
6. Removes the provision stating that, in considering
whether or not to grant an extension of time in which
the victim or derivative victim may file a claim, the
Board may consider any factor including, but not limited
to, a recommendation from the prosecuting attorney
regarding the victim's or derivative victim's
cooperation with law enforcement and the prosecuting
attorney in the apprehension and prosecution of the
person charged with the crime, whether the particular
events occurring during the prosecution or in the
punishment of the person convicted of the crime have
resulted in the victim or derivative victim incurring
pecuniary loss, and whether the nature of the crime is
such that a delayed reporting of the crime is reasonably
excusable.
7. States that any reduction in maximum rates or service
limitations shall not affect payment or reimbursement of
losses incurred prior to three months after the adoption
of any changes by regulations.
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8. Prohibits any provider from charging a victim or
derivative victim for any difference between the cost of
a service provided to a victim or derivative victim and
the program's payment for that service.
9. Adds mental health services to the list of services for
which, if approved, the Board shall pay within an
average of 90 days from the receipt of the claim for
payment.
10.Repeals existing law related to procedures for paying
claims of qualified providers of mental health services
to crime victims.
11.States that reimbursement for a claim may be made beyond
three years after the claim was incurred by the victim
if the victim has paid the expense as a direct result of
a crime for which an application has been filed and
approved.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Assembly Appropriations Committee,
extending the claim-filing period from one to three years
will increase crime victim payments by several hundred
thousands of dollars (Restitution Fund). According to the
Board, 150 applications per year are denied for late filing
after one year, but before three years. An approved
application averages about $2,500, which means a two-year
extension could result in additional claim costs in the
$375,000 range. The Board indicates this amount is
absorbable, as claim payments fluctuate by several million
dollars per year. Minor, administrative costs/savings as a
result of extending the filing period, which would
eliminate the need to consider good cause extensions.
SUPPORT : (Verified 8/23/12)
Coalition for Crime Victims Services
Crime Victims United of California
ARGUMENTS IN SUPPORT : According to the author:
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SB 1299 makes a small number of changes to the Victim of
Crime and Government Claims Program to simplify the
administration of program and help crime victims. SB 1299
was developed in cooperation with victim support groups
and the program Board. SB 1299 does three �sic] main
things to improve the operation of the program:
1. It clarifies the law to allow social workers to
represent victims.
2. Allows for profits to provide mental health
services to victims.
3. Allows a transition period (three months) if there
is a change in benefits and services before the change
goes into effect to allow victims and providers to
adjust.
4. It extends the statute of limitations for filing a
claim from one to three years.
SB 1299 was developed in cooperation with victims support
groups as well as providers of services who also need
predictability and consistency in the payment of their
services.
ASSEMBLY FLOOR : 78-0, 8/23/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani,
Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell,
Grove, Hagman, Halderman, Hall, Harkey, Hayashi, Hill,
Huber, Hueso, Jeffries, Jones, Knight, Lara, Logue,
Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell,
Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan,
Perea, V. Manuel P�rez, Portantino, Silva, Skinner,
Smyth, Solorio, Swanson, Torres, Valadao, Wagner,
Wieckowski, Williams, Yamada, John A. P�rez
NO VOTE RECORDED: Roger Hern�ndez, Huffman
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RJG:m 8/24/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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