BILL ANALYSIS �
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THIRD READING
Bill No: AB 2545
Author: Lowenthal (D), et al.
Amended: 6/5/14 in Senate
Vote: 27
SENATE PUBLIC SAFETY COMMITTEE : 5-0, 6/17/14
AYES: Hancock, De Le�n, Liu, Mitchell, Steinberg
NO VOTE RECORDED: Anderson, Knight
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 73-0, 5/8/14 (Consent) - See last page for vote
SUBJECT : Victims of crime: restitution: military sexual
assault
SOURCE : California Coalition Against Sexual Assault
DIGEST : This bill prohibits the denial of an application for
the California Victim Compensation Program (CalVCP) 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; and provides factors that
the Victims Compensation and Government Claims Board (VCGCB)
shall consider for purposes of determining if a
military-on-military sexual assault claim qualifies for
compensation, as specified.
ANALYSIS : Existing law:
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1. States that all persons who suffer losses as a result of
criminal activity shall have the right to restitution from
the perpetrators.
2. Requires the court, to order a criminal defendant to pay
both a restitution fine and restitution to the victim or
victims, if any, in addition to any other penalty provided or
imposed under the law.
3. Establishes VCGCB to operate CalVCP.
4. Provides than an application for compensation shall be filed
with VCGCB in the manner determined by the board.
5. States that except as provided by specified sections of the
Government Code, a person shall be eligible for compensation
when all of the following requirements are met:
A. The person form whom compensation is being sought any of
the following:
1) A victim;
2) A derivative victim; or
3) A person who is entitled to reimbursement for
funeral, burial or crime scene clean-up expenses pursuant
to specified sections of the Government Code.
A. Either of the following conditions is met:
1) The crime occurred within California, whether or not
the victim is a resident of California. This only applies
when the VCGCB determines that there are federal funds
available to the state for the compensation of crime
victims; or
2) Whether or not the crime occurred within the State
of California, the victim was any of the following:
A California resident.
A member of the military stationed in
California.
A family member living with a member of the
military stationed in California.
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A. If compensation is being sought for derivative victim,
the derivative victim is a resident of California, or the
resident of another state who is any of the following:
1) At the time of the crimes was the parent,
grandparent, sibling, spouse, child or grandchild of the
victim;
2) At the time of the crime was living in the household
of the victim;
3) At the time of the crime was a person who had
previously lived in the house of the victim for a person
of not less than two years in a relationship
substantially similar to a previously listed
relationship;
4) Another family member of the victim including, but
not limited to, the victim's fianc or fiance, and who
witnessed the crime; or
5) Is the primary caretaker of a minor victim, but was
not the primary caretaker at the time of the crime.
A. And other specified requirements.
1. Authorizes VCGCB to reimburse for pecuniary loss for the
following types of losses:
A. The amount of medical or medical-related expenses
incurred by the victim, subject to specified limitations;
B. The amount of out-patient psychiatric, psychological or
other mental health counseling-related expenses incurred by
the victim, as specified, including peer counseling
services provided by a rape crisis center;
C. The expenses of non-medical remedial care and treatment
rendered in accordance with a religious method of healing
recognized by state law;
D. Compensation equal to the loss of income or loss of
support, or both, that a victim or derivative victim incurs
as a direct result of the victim's injury or the victim's
death, subject to specified limitations;
E. Cash payment to, or on behalf of, the victim for job
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retraining or similar employment-oriented services;
F. The expense of installing or increasing residential
security, not to exceed $1,000, with respect to a crime
that occurred in the victim's residence, upon verification
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;
G. The expense of renovating or retrofitting a victim's
residence or a vehicle to make them accessible or
operational, if it is medically necessary; and
H. Expenses incurred in relocating, as specified, if the
expenses are determined by law enforcement to be necessary
for the personal safety or by a mental health treatment
provider to be necessary for the emotional well-being of
the victim.
1. Limits the total award to or on behalf of each victim to
$35,000, except that this amount may be increased to $70,000
if federal funds for that increase are available.
2. States that an application shall be denied if VCGCB finds
that 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, VCGCB
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.
3. Provides that an application for a claim based on domestic
violence may not be denied solely because no police report
was made by the victim. VCGCB shall adopt guidelines that
allow the board to consider and approve applications for
assistance based on domestic violence relying upon evidence
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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.
4. States that an application for a claim based on human
trafficking, as defined, of the Penal Code may not be denied
solely because no police report was made by the victim.
VCGCB 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, 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 was issued, as
specified;
B. A human trafficking caseworker has attested by affidavit
that the individual was a victim of human trafficking.
This bill:
1.Provides factors that the VCGCB to consider, for purposes of
determining if a claim qualifies for compensation include, but
are not limited to, the evidence of the following:
A. Restricted or unrestricted reports to a military victim
advocate, sexual assault response coordinator, chaplain,
attorney, or other military personnel;
B. Medical or physical evidence consistent with sexual
assault;
C. A written or oral report from military law enforcement
or a civilian law enforcement agency concluding that a
sexual assault crime was committed against the victim;
D. A letter or other written statement from a sexual
assault counselor, as specified, licensed therapist, or
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mental health counselor, stating that the victim is seeking
services related to the allegation of sexual assault;
E. A credible witness to whom the victim disclosed the
details that a sexual assault crime occurred;
F. A restraining order from a military or civilian court
against the perpetrator of the sexual assault; and,
G. Other behavior by the victim consistent with sexual
assault.
1.Requires the sexual assault issue to have occurred during
military service, including deployment.
2.States the sexual assault may have been committed offbase.
3.Defines "perpetrator" as an individual who is any of the
following at the time of the sexual assault:
A. An active duty military personnel from the United States
Army, Navy, Marine Corps, Air Force, or Coast Guard;
B. A civilian employee of any military branch, as
specified, military base, or military deployment;
C. A contractor or agent of a private military or private
security company; or,
D. A member of the California National Guard.
1.Defines "sexual assault" to include rape, spousal rape,
penetration by a foreign object, sodomy, oral copulation, or
forcible acts of penetration, as specified.
Prior Legislation
SB 618 (Leno, Chapter 800, Statutes of 2013) streamlines the
process for compensating persons who have been exonerated after
being wrongfully convicted and imprisoned.
AB 1270 (Torrico, 2009-10 Legislative Session) would have
required VCGCB to adopt written procedures and timeframes for
the timely processing of claims. AB 1270 was vetoed.
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AB 2809 (Leno, Chapter 587, Statutes of 2008) allowed a minor
who suffers emotional injury as a direct result of witnessing a
violent crime to be eligible for reimbursement for the costs of
outpatient mental health counseling if the minor was in close
proximity to the victim when he or she witnessed the crime.
AB 2869 (Leno, Chapter 582, Statutes of 2006) specified that the
provisions authorizing reimbursement for funeral and burial
expenses under existing law apply without respect to any felon
status of the victim.
AB 2729 (Wesson, 2001-02 Legislative Session) would have
expanded mental health services to include reimbursement for
domestic violence peer counselors. AB 2729 was vetoed.
AB 606 (Jackson, Chapter 584, Statutes of 1999) authorized
reimbursement of services provided by child life specialists
under specified circumstances, and added benefits for
relocation, residential security, home and vehicle modification.
SB 1735 (Karnette, Chapter 629, Statutes of 2002) prohibited an
application for a claim based on domestic violence from being
denied solely because no police report was made by the victim.
SB 1735 required the board to 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 domestic violence crime has occurred.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 6/30/14)
California Coalition Against Sexual Assault (source)
American Legion, Department of California
AMVETS, Department of California
California State Council
Crime Victims Action Alliance
Military Officers Association of America, California Council of
Chapters
National Association of Social Workers, California Chapter
Veterans Caucus of the California Democratic Party
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Veterans of Foreign Wars, Department of California
Vietnam Veterans of California
ARGUMENTS IN SUPPORT : California Coalition Against Sexual
Assault, the sponsor of this bill, states: "According to a 2012
report by the Department of Defense Sexual Assault Prevention
and Response Office (SAPRO), sexual assaults in the military
have increased 34 percent. This increase in prevalence is
complicated by a decrease in reporting due to perceived
professional, social, or administrative retaliation or reprisal
from official authorities. In the absence of a police report,
survivors are unable to access Veterans benefits or other
necessary resources for counseling and medical services.
"AB 2545 prohibits the denial of an application for Victim's
Compensation with respect to a claim based on sexual assault
committed by military personnel, solely because the sexual
assault was not reported to a superior officer or law
enforcement at the time of the crime. Under this bill, CalVCP
Board is required to consider other types of corroborating
evidence in order to determine if a claim qualifies for
compensation, including, but not limited to, a notarized report
from a sexual assault counselor or licensed therapist."
ASSEMBLY FLOOR : 73-0, 5/8/14
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Ch�vez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Grove, Hagman, Harkey, Roger Hern�ndez, Holden, Jones,
Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein,
Medina, Melendez, Mullin, Muratsuchi, Nazarian, Nestande,
Olsen, Pan, Patterson, Perea, Quirk, Quirk-Silva, Rendon,
Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner,
Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, John A.
P�rez
NO VOTE RECORDED: Eggman, Gorell, Gray, Hall, Mansoor, V.
Manuel P�rez, Vacancy
JG:nl 7/1/14 Senate Floor Analyses
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SUPPORT/OPPOSITION: SEE ABOVE
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