BILL ANALYSIS �
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 2685|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
THIRD READING
Bill No: AB 2685
Author: Cooley (D)
Amended: 8/12/14 in Senate
Vote: 21
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 : 77-0, 5/27/14 - See last page for vote
SUBJECT : Crime Victim Compensation and Government Claims
Board
SOURCE : California Victim Compensation and Government Claims
Board
DIGEST : This bill requires that a personal representative or
estate attorney notify the Victim Compensation Government Claims
Board (Board) when deceased person leaves money to a beneficiary
incarcerated in a state or local correctional facility.
ANALYSIS :
Existing law:
1. Establishes the Board to operate the Victim Compensation
Program.
CONTINUED
AB 2685
Page
2
2. Authorizes the Board 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
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.
3. Requires the court to order the defendant to make restitution
AB 2685
Page
3
to the victim in an amount established by the court and based
on the amount of loss claimed by the victim, or victims, or
any other showing to the court.
4. States that the court retains jurisdiction over the defendant
if the amount of victim restitution owed cannot be
ascertained at the time of sentencing. The court also
retains jurisdiction to modify a restitution order.
5. Provides that the amount of restitution shall not be affected
by the indemnification or subrogation rights of a third
party.
6. Provides that if the victim has received assistance from the
board, then the restitution payments shall be deposited in
the state Restitution Fund, to the extent of the assistance
received.
7. Specifies that the amount of assistance provided by the state
Restitution Fund shall be established by copies of bills
submitted to the Board reflecting the amount paid by the
board and specifying the types of services. Certified copies
of these bills provided by the Board, together with a
statement made under penalty of perjury by the custodian of
records that those bills were submitted to and were paid by
the Board, shall be sufficient to meet this requirement.
8. Requires that when a deceased person has an heir who is
confined in a prison facility under California Department of
Corrections and Rehabilitation's jurisdiction or confined in
any county or city jail, road camp, industrial farm, or other
local correctional facility, the estate attorney or if there
is no estate attorney, the beneficiary; the personal
representative; or the person in possession of property of
the decedent shall notify the director of the board of the
decedent's death and the name and location of the decedent's
heir not later than 90 days after the date of death. The
notice shall include a copy of the decedent's death
certificate.
9. Requires that the notice to the Board contain the heir's
name, date of birth, place of incarceration, booking number,
a copy of the decedent's death certificate, the probate case
number, and the name of the superior court hearing the case.
AB 2685
Page
4
10.Allows the Director of the Board four months after notice is
received to pursue collection of any outstanding restitution
fines or orders.
This bill:
1. Clarifies that a representative of the Board may provide the
probation department, District Attorney, and court with
information relevant to the Board's losses before the
imposition of the defendant's sentence, in accordance with
specified provisions of law.
2. Expands the inmate inheritance notice obligation to the Board
so that it covers not only heirs, but also beneficiaries.
3. Requires the estate attorney, or if there is no estate
attorney, the beneficiary, the personal representative, or
the person in possession of property of the decedent to give
the Board notice of a decedent's death not later than 90 days
after the date of death in either of the following
circumstances:
A. The deceased person has an heir or beneficiary who
is confined.
B. The estate attorney, or if there is no estate
attorney, the beneficiary, the personal representative,
or the person in possession of property of the
decedent, knows that an heir or beneficiary has
previously been confined.
4. Provides that nothing in the provisions shall be interpreted
as requiring the estate attorney, the beneficiary, the
personal representative, or the person in possession of
property of the decedent to conduct an additional
investigation to determine whether a decedent has an heir or
beneficiary who has been confined in a prison or facility
under the jurisdiction of the Department of Corrections and
Rehabilitation, or its Division of Juvenile Facilities, or
confined in any county or city jail, road camp, industrial
farm, or other local correctional facility.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
AB 2685
Page
5
Local: No
SUPPORT : (Verified 8/13/4)
California Victim Compensation and Government Claims Board
(source)
California Crime Victim Assistance Association
California District Attorneys Association
Crime Victims Action Alliance
Crime Victims United of California
Merced County District Attorney's Office
San Diego County District Attorney's Office
OPPOSITION : (Verified 8/13/14)
California Attorneys for Criminal Justice
Legal Services for Prisoners with Children
Taxpayers for Improving Public Safety
ARGUMENTS IN SUPPORT : The Victim Compensation and Government
Claims Board (Board) writes, "The Board is sponsoring this bill,
which allows a representative of the Board to provide
information on its economic losses to a court for purposes of
inclusion in a restitution order. It also provides notification
to the Board of funds that criminal offenders are to receive
from an estate. These provisions will enhance the Board's
ability to collect restitution from criminal offenders and
increase revenue to the Restitution Fund, which supports the
Victim Compensation Program.
ARGUMENTS IN OPPOSITION : The California Attorneys for
Criminal Justice writes, "The Board hopes that by inserting
itself more directly into the process and permitting the
District Attorney to advocate for itself instead of the victim
and the interest of justice, it will increase the amount and
percentage of restitution fines imposed, and in turn, the
Board's revenue. According to the sponsor, "sentencing
strategies have taken precedence over the enforcement of
restitution orders, which impairs the Board's ability to recover
funds?"
ASSEMBLY FLOOR : 77-0, 5/27/14
AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
AB 2685
Page
6
Calderon, Campos, Chau, Ch�vez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Gorell, Gray, Grove, Hagman, Hall, Harkey, Roger Hern�ndez,
Holden, Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal,
Maienschein, Mansoor, Medina, Melendez, Mullin, Muratsuchi,
Nazarian, Nestande, Olsen, Pan, Perea, John A. P�rez, V.
Manuel P�rez, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas,
Skinner, Stone, Ting, Wagner, Waldron, Weber, Wieckowski,
Wilk, Williams, Yamada, Atkins
NO VOTE RECORDED: Patterson, Quirk-Silva, Vacancy
JG:d 8/13/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****