Amended in Senate June 10, 2014

Amended in Assembly May 24, 2013

Amended in Assembly April 1, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1194

Introduced by Assembly begin delete Members end delete begin insert Member end insert Ammiano begin delete and V. Manuel Pérez end delete

begin delete

(Coauthors: Assembly Members Alejo, Levine, and Pan)

end delete

February 22, 2013

An act to amend Section begin delete 2333.5 of the Streets and Highways Code end delete begin insert 13956 of the Government Code end insert , relating to begin delete transportation end delete begin insert crime victims end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 1194, as amended, Ammiano. begin delete Safe Routes to School Program. end delete begin insert Crime victims. end insert

begin insert

Existing law provides for the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation and Government Claims Board from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of those crimes. Existing law sets forth eligibility requirements and specified limits on the amount of compensation the board may award.

end insert begin insert

Existing law provides that an application for compensation may be denied if the board finds that denial is appropriate because of the nature of the victim’s or other applicant’s involvement in the events leading to the crime or the involvement of the person whose injury or death gives rise to the application.

end insert begin insert

This bill would, notwithstanding those provisions, prohibit an application for compensation from being denied based upon the applicant’s involvement in events leading up to the crime if the applicant was the victim of sexual assault or domestic violence, as described in specified provisions.

end insert begin insert

Existing law prohibits a person who is convicted of a felony from being granted compensation until that person has been discharged from probation or has been released from a correctional institution and has been discharged from parole, if any. Existing law also prohibits compensation from being granted to an applicant during any period of time the applicant is held in a correctional institution. Existing law also requires applications of victims who are not felons to receive priority in the award of compensation over an application submitted by a felon.

end insert begin insert

This bill would exclude persons who are victims of sexual assault or domestic violence, as described in specified provisions, from these provisions.

end insert begin delete

Existing law creates the Safe Routes to School Program, administered by the Department of Transportation in consultation with the Department of the California Highway Patrol. Existing law requires the Department of Transportation to award grants to local government agencies based on the results of a statewide competition, under which proposals submitted for funding are rated based on various factors. Existing law provides for the program to be funded from state and federal funds, as specified.

end delete begin delete

This bill would provide that the program may fund both construction and noninfrastructure activities, as specified. The bill would require 20% of program funds to be used for noninfrastructure activities, as specified. The bill would authorize the transfer of the responsibility for selecting projects and awarding grants from the Department of Transportation to the California Transportation Commission, at the discretion of the Transportation Agency. The bill would require the Department of Transportation to employ a full-time coordinator to administer the program.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 13956 of the end insert begin insert Government Code end insert begin insert is
amended to read: end insert

13956.  

Notwithstanding Section 13955, a person shall not be
eligible for compensation under the following conditions:

(a) An application shall be denied if the board finds that the
victim or, begin delete where end delete begin insert if end insert compensation is sought by or on behalf of a
derivative victim, either the victim or derivative victim, knowingly
and willingly participated in the commission of the crime that
resulted in the pecuniary loss for which compensation is being
sought pursuant to this chapter. However, this subdivision shall
not apply if the injury or death occurred as a direct result of a crime
committed in violation of Section 261, 262, or 273.5 of, or a crime
of unlawful sexual intercourse with a minor committed in violation
of subdivision (d) of Section 261.5 of, the Penal Code.

(b) (1) An application shall be denied if the board finds that
the victim or, begin delete where end delete begin insert if end insert compensation is sought by, or on behalf of,
a derivative victim, either the victim or derivative victim failed to
cooperate reasonably with a law enforcement agency in the
apprehension and conviction of a criminal committing the crime.
However, in determining whether cooperation has been reasonable,
the board shall consider the victim’s or derivative victim’s age,
physical condition, and psychological state, cultural or linguistic
barriers, any compelling health and safety concerns, including, but
not limited to, a reasonable fear of retaliation or harm that would
jeopardize the well-being of the victim or the victim’s family or
the derivative victim or the derivative victim’s family, and giving
due consideration to the degree of cooperation of which the victim
or derivative victim is capable in light of the presence of any of
these factors.

(2) An application for a claim based on domestic violence may
not be denied solely because no police report was made by the
victim. The board shall adopt guidelines that allow the board to
consider and approve applications for assistance based on domestic
violence relying upon evidence other than a police report to
establish that a domestic violence crime has occurred. Factors
evidencing that a domestic violence crime has occurred may
include, but are not limited to, medical records documenting
injuries consistent with allegations of domestic violence, mental
health records, or the fact that the victim has obtained a temporary
or permanent restraining order, or all of these.

(3) An application for a claim based on human trafficking as
defined in Section 236.1 of the Penal Code may not be denied
solely because no police report was made by the victim. The board
shall adopt guidelines that allow the board to consider and approve
applications for assistance based on human trafficking relying
upon evidence other than a police report to establish that a human
trafficking crime as defined in Section 236.1 begin insert of the Penal Code end insert
has occurred. That evidence may include any reliable corroborating
information approved by the board, including, but not limited to,
the following:

(A) A Law Enforcement Agency Endorsement issued pursuant
to Section 236.2 of the Penal Code.

(B) A human trafficking caseworker as identified in Section
1038.2 of the Evidence Code, has attested by affidavit that the
individual was a victim of human trafficking.

(c)  begin delete An end delete begin insert Except as otherwise provided in this subdivision, an end insert
application for compensation may be denied, in whole or in part,
if the board finds that denial is appropriate because of the nature
of the victim’s or other applicant’s involvement in the events
leading to the crime or the involvement of the persons whose injury
or death gives rise to the application. begin delete In end delete

begin insert (1) end insert begin insert   end insert begin insert In end insert the case of a minor, the board shall consider the minor’s
age, physical condition, and psychological state, as well as any
compelling health and safety concerns, in determining whether
the minor’s application should be denied pursuant to this section.
The application of a derivative victim of domestic violence under
the age of 18 years of age or a derivative victim of trafficking
under 18 years of age may not be denied on the basis of the denial
of the victim’s application under this subdivision.

begin insert

(2) No application for compensation may be denied based upon
the applicant’s involvement in events leading up to the crime if
the applicant was the victim of sexual assault or domestic violence
as described in Section 261, 262, 264, 264.1, 273.5, 285, 288a, or
289 of the Penal Code.

end insert

(d) (1) Notwithstanding Section 13955, no person who is
convicted of a felony may be granted compensation until that
person has been discharged from probation or has been released
from a correctional institution and has been discharged from parole,
if any. In no case shall compensation be granted to an applicant
pursuant to this chapter during any period of time the applicant is
held in a correctional institution.

(2) A person who has been convicted of a felony may apply for
compensation pursuant to this chapter at any time, but the award
of that compensation may not be considered until the applicant
meets the requirements for compensation set forth in paragraph
(1).

(3) Applications of victims who are not felons shall receive
priority in the award of compensation over an application submitted
by a felon who has met the requirements for compensation set
forth in paragraph (1).

begin insert

(4) This subdivision shall not apply to any victim of sexual
assault or domestic violence as described in Section 261, 262, 264,
264.1, 273.5, 288a, or 289 of the Penal Code.

end insert

begin delete

SECTION 1.  

Section 2333.5 of the Streets and Highways Code
is amended to read:

2333.5.  

(a) The department, in consultation with the
Department of the California Highway Patrol, shall establish and
administer a “Safe Routes to School” program with the following
elements:

(1) Construction of bicycle and pedestrian safety and traffic
calming projects.

(2) Noninfrastructure-related activities to encourage walking
and bicycling to school, including public awareness campaigns
and outreach to press and community leaders, traffic education
and enforcement in the vicinity of schools, student sessions on
bicycle and pedestrian safety, health, and environment, and funding
for training, volunteers, and managers of safe routes to school
programs.

(b) The department shall award grants to local governmental
agencies under the program based on the results of a statewide
competition that requires submission of proposals for funding and
rates those proposals on all of the following factors:

(1) Demonstrated needs of the applicant.

(2) Potential of the proposal for reducing child injuries and
fatalities.

(3) Potential of the proposal for encouraging increased walking
and bicycling among students.

(4) Identification of safety hazards.

(5) Identification of current and potential walking and bicycling
routes to school.

(6) Use of a public participation process, including, but not
limited to, a public meeting that satisfies all of the following:

(A) Involves the public, schools, parents, teachers, local
agencies, the business community, key professionals, and others.

(B) Identifies community priorities and gathers community
input to guide the development of projects included in the proposal.

(C) Ensures that community priorities are reflected in the
proposal.

(D) Secures support for the proposal by relevant stakeholders.

(7) Benefit to a low-income school, defined for purposes of this
section to mean a school where at least 75 percent of students are
eligible to receive free or reduced-price meals under the National
School Lunch Program.

(c) Any annual budget allocation to fund grants described in
subdivision (b) shall be in addition to any federal funding received
by the state that is designated for “Safe Routes to School” projects
pursuant to Section 1404 of SAFETEA-LU or any similar program
funded through a subsequent transportation act.

(d) Any federal funding received by the state that is designated
for “Safe Routes to School” projects shall be distributed by the
department under the competitive grant process, consistent with
all applicable federal requirements.

(e) Prior to the award of any construction grant or the
department’s use of those funds for a “Safe Routes to School”
construction project encompassing a freeway, state highway, or
county road, the department shall consult with, and obtain approval
from, the Department of the California Highway Patrol, ensuring
that the “Safe Routes to School” proposal complements the
California Highway Patrol’s Pedestrian Corridor Safety Program
and is consistent with its statewide pedestrian safety statistical
analysis.

(f) The department is encouraged to coordinate with law
enforcement agencies’ community policing efforts in establishing
and maintaining the “Safe Routes to School” program.

(g) In the development of guidelines and procedures governing
this program, the department shall fully consider the needs of
low-income schools.

(h) Up to 10 percent of program funds may be used to assist
eligible recipients in making infrastructure improvements, other
than schoolbus shelters, that create safe routes to schoolbus stops
that are located outside the vicinity of schools.

(i) At the discretion of the Transportation Agency, the
responsibility for selecting projects and awarding grants under this
section pursuant to the statewide competitive grant process may
be transferred from the department to the commission.

(j) Twenty percent of program funds shall be used for
noninfrastructure-related activities as described in paragraph (2)
of subdivision (a). Up to 20 percent of the funds used for
noninfrastructure-related activities shall be used for a statewide
technical assistance resource center.

(k) The department shall employ a full-time safe routes to school
coordinator to administer the Safe Routes to School program.

end delete