BILL ANALYSIS �
AB 2545
Page 1
Date of Hearing: April 30, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 2545 (Lowenthal) - As Introduced: February 21, 2014
Policy Committee: Public
SafetyVote: 7-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill prohibits the denial of an application for Victim
Compensation Program (VCP) compensation related to a sexual
assault claim, committed by military personnel against military
personnel, solely because the sexual assault was not reported to
a superior officer or law enforcement at the time of the crime.
This bill also provides factors that the Victims Compensation
and Government Claims Board (board) shall consider for purposes
of determining if a military-on-military sexual assault claim
qualifies for compensation, including:
1)Reports to a military victim advocate, sexual assault response
coordinator, chaplain, attorney, or other military personnel.
2)Medical or physical evidence consistent with sexual assault.
3)A law enforcement agency report concluding a sexual assault
crime was committed.
4)A notarized report from a sexual assault counselor, licensed
therapist, or mental health counselor, stating the victim is
seeking services related to the allegation of sexual assault.
5)A military or civilian court restraining order against the
perpetrator of the sexual assault.
FISCAL EFFECT
Unknown, likely minor, special fund (Restitution Fund/federal
funds) costs to the extent this bill results in additional
victim awards. As current law authorizes the board flexibility
in determining whether a victim has reasonably cooperated with
law enforcement, based on such factors as psychological state
AB 2545
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and fear of retaliation, it is unlikely this bill will result in
significant costs.
COMMENTS
1)Rationale . The author seeks to ensure that a
military-on-military sexual assault claim is not denied on the
basis of a lack of cooperation with law enforcement,
consistent with current law regarding domestic violence and
human trafficking. Given concerns about retaliation, a
military person who is a victim of sexual assault by a fellow
military member may fear reporting the incident to a higher
ranking officer. This bill requires the victim to cooperate
reasonably with law enforcement, but allows the victim to use
other evidence to prove the assault occurred, as well as
cooperation with law enforcement.
2)Current law specifies a VCP application shall be denied if the
board finds that the victim failed to cooperate reasonably
with a law enforcement agency in the apprehension and
conviction of a criminal committing the crime. The board
shall, however, consider the victim's age, physical condition,
and psychological state, cultural or linguistic barriers, any
compelling health and safety concerns, including a reasonable
fear of retaliation, in determining whether the victim's
cooperation has been reasonable.
In addition, an application for a claim based on domestic
violence or human trafficking may not be denied solely because
a police report was not made by the victim. The board must
adopt guidelines that allow the board to consider and approve
domestic violence and human trafficking claims relying on
evidence other than a police report to establish a crime has
occurred.
3)California Victim Compensation Program Background . The program
is a provider of last resort, with specified limits.
Generally, the maximum award is $35,000. In 2012-13, direct
victims accounted for 70% of the payments. The crimes most
commonly involved: assault (40%), child abuse (19%), sexual
assault (9%), murder (9%) and robbery (4%). In 2012-13, the
board received 54,115 applications. Of this amount, about 35%
was for medical expenses, 33% was for mental health services,
12% was for loss of income, 10% was for burial expenses, and
5% was for relocation.
AB 2545
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To qualify for compensation, a person must be a victim of a
crime involving physical injury. For certain crimes, emotional
injury alone qualifies. Certain family members and loved ones
who suffer economic loss from an injury to a victim of a crime
may also be eligible for compensation (derivative victims). In
addition to being the victim of a qualifying violent crime,
applicants must also (a) be a California resident or the
victim of a crime that occurred in California; (b) report the
crime and cooperate during investigation and prosecution; and
(c) apply for compensation within three years of the event.
Benefits covered: medical and dental treatment and equipment,
mental health services, loss of income, funeral expenses, job
training, home and/or vehicle modifications, home security
modifications, relocation, and insurance co-pays.
Benefits not covered: expenses paid by insurance or another
source of reimbursement, expenses for lost, stolen or damaged
property, damages for pain and suffering.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081