Victim compensation., the official text

An act to amend Sections 13951 and 13954 of, to amend and repeal Section 13956 of, and to repeal and amend Section 13957.5 of, the Government Code, relating to victim compensation, and making an appropriation therefor.

LEGISLATIVE COUNSEL'S DIGEST

Existing law generally provides for the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation Board from the Restitution Fund, which is continuously appropriated to the California Victim Compensation Board. Existing law defines terms for the purpose of determining the eligibility of victims of crime for compensation from the Restitution Fund.
This bill would make changes to the definition of “derivative victim” and “victim” and would define “victim of violent crime advocate” for purposes of these provisions.
Existing law requires an application for compensation to be filed with the board in a manner determined by the board, authorizes the board to require submission of additional information, and requires the board to communicate any determination made with respect to the adequacy of the information received from the applicant, as specified. Existing law also requires the board to verify information with various entities, including hospitals and law enforcement officials, as specified. Existing law also creates a process for the board’s verification of information, including by requiring the applicant to cooperate with the board, as specified.
This bill would authorize the board to verify information, but not require the board to do so, and would prohibit the board from seeking or requiring additional information solely to verify that the qualifying crime occurred if the board has already received a valid form of verification, as specified. The bill would also change the verification procedure in various ways. The bill would also require the board to accept certain information as evidence to verify that a qualifying crime occurred and that the injury or death on which the claim is based is a result of the qualifying crime, as specified.
Existing law authorizes the board to deny an application based on the nature of the victim’s or other applicant’s involvement in the events leading up to the crime, as specified, and requires the board to deny an application for compensation if it 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. Existing law also prohibits a person who is convicted of a violent felony to receive compensation, as specified.
This bill would delete those provisions. By expanding the pool of persons eligible to receive moneys from a continuously appropriated fund, the bill would make an appropriation.
Existing law authorizes to board to take certain actions in authorizing compensation for loss of income and support pursuant to specified law, including authorization to compensate an adult derivative victim for loss of income if certain conditions are satisfied and to compensate a victim who is a minor at the time of the crime, as specified. Existing law prohibits the amount payable to derivative victims pursuant to these provisions from exceeding $100,000.
This bill would change some of the conditions that must be satisfied for compensating an adult derivative victim for loss of income, and remove the authorization to compensate a victim who is a minor at the time of the crime. The bill would reduce the cap on the amount payable to derivative victims pursuant to these provisions to $70,000.

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

SECTION 1.
Section 13951 of the Government Code is amended to read:
13951.
As used in this chapter, the following definitions shall apply:
(a) “Board” means the California Victim Compensation Board.
(b) (1) “Crime” means a crime or public offense, wherever it may take place, that would constitute a misdemeanor or a felony if the crime had been committed in California by a competent adult.
(2) “Crime” includes an act of terrorism, as defined in Section 2331 of Title 18 of the United States Code, committed against a resident of the state, whether or not the act occurs within the state.
(c) “Derivative victim” means an individual who sustains pecuniary loss as a result of injury or death to a victim and who did not commit the crime that caused the victim’s injury or death.
(d) “Law enforcement” means every district attorney, municipal police department, sheriff’s department, district attorney’s office, county probation department, and social services agency, the Department of Justice, the Department of Corrections, the California Division of Juvenile Justice, the Department of the California Highway Patrol, the police department of any campus of the University of California, California State University, or community college, and every agency of the State of California expressly authorized by statute to investigate or prosecute law violators.
(e) “Pecuniary loss” means an economic loss or expense resulting from an injury or death to a victim of crime that has not been and will not be reimbursed from any other source.
(f) “Peer counseling” means counseling offered by a provider of mental health counseling services who has completed a specialized course in rape crisis counseling skills development, participates in continuing education in rape crisis counseling skills development, and provides rape crisis counseling within the State of California.
(g) “Victim” means an individual who sustains injury or death as a direct result of an act or omission of another that is a crime as specified in subdivision (e) of Section 13955.
(h) “Victim center” means a victim and witness assistance center that receives funds pursuant to Section 13835.2 of the Penal Code.
(i) “Victim of violent crime advocate” has the same meaning as provided in subdivision (h) of Section 1946.7 of the Civil Code.

SEC. 2.
Section 13954 of the Government Code is amended to read:
13954.
(a) (1) (A) If the information provided to the board is insufficient to reasonably verify the application or claim by a preponderance of the evidence, the board may verify with hospitals, physicians, law enforcement officials, or other interested parties involved, the treatment of the victim or derivative victim, circumstances of the crime, amounts paid or received by or for the victim or derivative victim, or any other pertinent information deemed necessary by the board.
(B) The board shall not seek nor require additional information from a third party solely to verify that a qualifying crime occurred if the board has received a valid and complete form of verification listed under subdivision (c) of Section 13956.
(C) The board shall not solicit information from a law enforcement agency nor require information from a law enforcement agency if either of the following occurred:
(i) The qualifying crime was not reported to a law enforcement agency, pursuant to paragraph (1) of subdivision (a) of Section 13956.
(ii) The victim provided a form of verification listed in subdivision (c) of Section 13956 in lieu of a police report.
(D) This paragraph shall not be construed to limit the board’s ability to contact the agency, organization, court, or individual from which a form of evidence that the board has received evidencing that the crime occurred or that the injury or death resulted from the crime originates to confirm the evidence’s authenticity.
(2) Verification information shall be returned to the board within 10 business days after a request for verification has been made by the board. Verification information shall be provided at no cost to the applicant, the board, or victim centers. When requesting verification information, the board shall certify that a signed authorization by the applicant is retained in the applicant’s file and that this certification constitutes actual authorization for the release of information, notwithstanding any other provision of law. If requested by a physician or mental health provider, the board shall provide a copy of the signed authorization for the release of information.
(b)(1)The applicant shall cooperate with the staff of the board or the victim center in the verification of the information contained in the application. Failure to cooperate shall be reported to the board, which, in its discretion, may reject the application solely on this ground.(2)An applicant may be found to have failed to cooperate with the board if any of the following occur:(A)The applicant has information, or there is information that they may reasonably obtain, that is needed to process the application or supplemental claim, and the applicant failed to provide the information after being requested to do so by the board. The board shall take the applicant’s economic, psychosocial, and postcrime traumatic circumstances into consideration, and shall not unreasonably reject an application solely for failure to provide information.(B)The applicant provided, or caused another to provide, false information regarding the application or supplemental claim.(C)The applicant refused to apply for other benefits potentially available to them from other sources besides the board, including, but not limited to, worker’s compensation, state disability insurance, social security benefits, and unemployment insurance.(D)The applicant threatened violence or bodily harm to a member of the board or the board’s staff.(c) The board may contract with victim centers to provide verification of applications processed by the centers pursuant to conditions stated in subdivision (a). The board and its staff shall cooperate with the Office of Criminal Justice Planning and victim centers in conducting training sessions for center personnel and shall cooperate in the development of standardized verification procedures to be used by the victim centers in the state. The board and its staff shall cooperate with victim centers in disseminating standardized board policies and findings as they relate to the centers.
(d) (1) Notwithstanding Section 827 of the Welfare and Institutions Code or any other provision of law, every law enforcement and social service agency in the state shall provide to the board or to victim centers that have contracts with the board pursuant to subdivision (c), upon request, a complete copy of the law enforcement report, if available, and any supplemental reports involving the crime or incident giving rise to a claim, a copy of a petition filed in a juvenile court proceeding, reports of the probation officer, and any other document made available to the probation officer or to the judge, referee, or other hearing officer, for the specific purpose of determining the eligibility of a claim filed pursuant to this chapter.
(2) The board and victim centers receiving records pursuant to this subdivision shall not disclose a document that personally identifies a minor to anyone other than the minor who is so identified, the minor’s custodial parent or guardian, the attorneys for those parties, and any other persons that may be designated by court order. Any information received pursuant to this section shall be received in confidence for the limited purpose for which it was provided and shall not be further disseminated. A violation of this subdivision is a misdemeanor punishable by a fine not to exceed five hundred dollars ($500).
(3) The law enforcement agency supplying information pursuant to this section may withhold the names of witnesses or informants from the board, if the release of those names would be detrimental to the parties or to an investigation in progress.
(e) Notwithstanding any other provision of law, every state agency, upon receipt of a copy of a release signed in accordance with the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code) by the applicant or other authorized representative, shall provide to the board or victim center, upon request of the board or victim center, the information necessary to complete the verification of an application filed pursuant to this chapter.
(f) Upon application of the board, the Department of Justice shall furnish all information necessary to recover any restitution fine or order obligations that are owed to the Restitution Fund or to any victim of crime.
(g) A privilege is not waived under Section 912 of the Evidence Code by an applicant consenting to disclosure of an otherwise privileged communication if that disclosure is deemed necessary by the board for verification of the application.
(h) Any verification conducted pursuant to this section shall be subject to the time limits specified in Section 13958.
(i) 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. County social workers acting in this capacity shall not be required to sign a promise of repayment to the board.

SEC. 3.
Section 13956 of the Government Code, as amended by Section 2 of Chapter 771 of the Statutes of 2022, is amended to read:
13956.
(a) An application for a claim shall not be denied, in whole or in part, because of either of the following:
(1) A police report was not made.
(2) The crime was not reported to a law enforcement agency.
(b) The board shall adopt guidelines that allow it to consider and approve applications that rely on evidence other than a police report to establish that a qualifying crime has occurred or that the injury or death on which the claim is based is a result of the qualifying crime.
(c) The board shall accept any one of the following forms of evidence, without limitation, to establish that a qualifying crime occurred or that the injury or death on which the claim is based is a result of the qualifying crime:
(1) Medical records documenting injuries consistent with the allegation of the qualifying crime.
(2) A signed statement from a victim of violent crime advocate.
(3) A permanent restraining order or protective order issued by a court to protect or separate the victim or derivative victim from the person alleged to have committed the qualifying crime.
(4) A statement from a licensed medical professional, physician’s assistant, nurse practitioner, or other person licensed to provide medical or mental health care stating that the victim experienced physical, mental, or emotional injury as a result of a qualifying crime.
(5) A police report or another written or oral report from a law enforcement agency.
(d) A person making a statement or report regarding a qualifying crime under paragraph (2), (4), or (5) of subdivision (c) may consider any information or evidence they deem relevant.
(e) An application for a claim based on domestic violence shall not be denied solely because a police report was not 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 that the victim has obtained a permanent restraining order.
(f) An application for a claim based on a sexual assault shall not be denied solely because a police report was not made by the victim. The board shall adopt guidelines that allow it to consider and approve applications for assistance based on a sexual assault relying upon evidence other than a police report to establish that a sexual assault crime has occurred. Factors evidencing that a sexual assault crime has occurred may include, but are not limited to, medical records documenting injuries consistent with allegations of sexual assault, mental health records, or that the victim received a sexual assault examination.
(g) An application for a claim based on human trafficking as defined in Section 236.1 of the Penal Code shall not be denied solely because a police report was not 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 has occurred. That evidence may include any reliable corroborating information approved by the board, including, but not limited to, the following:
(1) A Law Enforcement Agency Endorsement issued pursuant to Section 236.5 of the Penal Code.
(2) 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.
(h) (1) An application for a claim by a military personnel victim based on a sexual assault by another military personnel shall not be denied solely because it was not reported to a superior officer or law enforcement at the time of the crime.
(2) Factors that the board shall 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 defined in Section 1035.2 of the Evidence Code, licensed therapist, or 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.
(G) Other behavior by the victim consistent with sexual assault.
(3) For purposes of this subdivision, the sexual assault at issue shall have occurred during military service, including deployment.
(4) For purposes of this subdivision, the sexual assault may have been committed off base.
(5) For purposes of this subdivision, a “perpetrator” means 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 specified in clause (i), military base, or military deployment.
(C) A contractor or agent of a private military or private security company.
(D) A member of the California National Guard.
(6) For purposes of this subdivision, “sexual assault” means an offense included in Section 261, 264.1, 286, 287, formerly 288a, or Section 289 of the Penal Code, as of January 1, 2015.
(i) The board shall provide educational materials regarding how victims may contact and cooperate with law enforcement to applicants upon request. The board shall include in these materials contact information for service providers that are available to help the victim or claimant contact law enforcement and information about victim rights regarding participation in an investigation or prosecution.
(j) The board shall not deny an application, in whole or in part, based on a lack of cooperation by a victim, derivative victim, or applicant with a law enforcement agency.
(k) (1) Compensation shall not 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 is held in a correctional institution 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).

SEC. 4.
Section 13956 of the Government Code, as added by Section 3 of Chapter 771 of the Statutes of 2022, is repealed.

SEC. 5.
Section 13957.5 of the Government Code, as amended by Section 6 of Chapter 771 of the Statutes of 2022, is repealed.

SEC. 6.
Section 13957.5 of the Government Code, as added by Section 7 of Chapter 771 of the Statutes of 2022, is amended to read:
13957.5.
(a) In authorizing compensation for loss of income and support pursuant to paragraph (3) of subdivision (a) of Section 13957, the board may take any of the following actions:
(1) Subject to paragraph (6), and calculated as provided in paragraph (7), compensate the victim for loss of income directly resulting from the injury, except that loss of income shall not be paid by the board for more than five years following the crime, unless the victim is disabled as defined in Section 416(i) of Title 42 of the United States Code, as a direct result of the injury.
(2) Compensate an adult derivative victim for loss of income, subject to all of the following:
(A) The derivative victim is the parent or legal guardian of a victim who at the time of the crime was under 18 years of age and is hospitalized as a direct result of the crime.
(B) The victim’s treating physician certifies in writing that the presence of the derivative victim at the hospital is reasonably necessary for the treatment of the victim, or is reasonably necessary for the victim’s psychological well-being.
(C) Reimbursement for loss of income under this paragraph shall not exceed the total value of the income that would have been earned, calculated as described in paragraph (7), by the adult derivative victim during a 30-day period.
(3) Compensate an adult derivative victim for loss of income, subject to all of the following:
(A) The derivative victim is the parent or legal guardian of a victim who at the time of the crime was under 18 years of age.
(B) The victim died as a direct result of the crime.
(C) The board shall pay for loss of income under this paragraph, calculated as provided by paragraph (7), for not more than 30 calendar days from the date of the victim’s death.
(4) Compensate a derivative victim who was legally dependent on the victim at the time of the crime for the loss of support incurred by that person as a direct result of the crime, calculated as provided in paragraph (7), subject to both of the following:
(A) Loss of support shall be paid by the board for income lost by an adult for a period up to, but not more than, five years following the date of the crime.
(B) Loss of support shall not be paid by the board on behalf of a minor for a period beyond the child’s attaining 18 years of age.
(5) (A)   If the qualifying crime is a violation of Section 236.1 of the Penal Code, and the victim has not been and will not be compensated from any other source, compensate the victim for loss of income or support directly resulting from the deprivation of liberty during the crime based upon the value of the victim’s labor as guaranteed under California law at the time that the services were performed for the number of hours that the services were performed, for up to 40 hours per week.
(B) On or before July 1, 2020, the board shall adopt guidelines that allow it to rely on evidence other than official employment documentation in considering and approving an application for that compensation. The evidence may include any reliable corroborating information approved by the board, including, but not limited to, a statement under penalty of perjury from the applicant, a human trafficking caseworker as defined in Section 1038.2 of the Evidence Code, a licensed attorney, or a witness to the circumstances of the crime.
(C) Compensation for loss of income paid by the board pursuant to this paragraph shall not exceed ten thousand dollars ($10,000) per year that the services were performed, for a maximum of two years.
(D) If the victim is a minor at the time of application, the board shall distribute payment under this paragraph when the minor reaches 18 years of age.
(6) (A) A victim or derivative victim who is otherwise eligible for loss of income under paragraph (1), (2), or (3) shall be eligible for loss of income if they were employed, including self-employed, or were receiving earned income benefits at the time of the crime. If an otherwise eligible adult victim or derivative victim was not employed or receiving earned income benefits at the time of the crime, they shall be eligible for loss of income under paragraph (1), (2), or (3) if either of the following occurred:
(i) They earned income or received earned income benefits either in the tax year preceding the year the crime occurred or in the tax year the crime occurred, and the amount of income earned or earned income benefits received in the applicable tax year totaled at least one thousand three hundred twenty dollars ($1,320).
(ii) They had an offer of employment at the time of the crime and was unable to begin employment as a result of the crime.
(B) A derivative victim who is otherwise eligible for loss of support under paragraph (4) shall be eligible for loss of support if the victim was employed, including self-employed, or was receiving earned income benefits at the time of the crime. If the victim was not employed or receiving earned income benefits at the time of the crime, the derivative victim shall be eligible if either of the following occurred:
(i) The victim earned income or received earned income benefits either in the tax year preceding the year the crime occurred or in the tax year the crime occurred, and the amount of income earned or earned income benefits received in the applicable tax year totaled at least one thousand three hundred twenty dollars ($1,320).
(ii) The victim had an offer of employment at the time of the crime and was unable to begin employment as a result of the crime.
(7) Loss of income or support under paragraph (1), (2), (3), or (4) shall be based on the actual loss the victim or derivative victim, as applicable, sustains or the wages the victim or derivative victim, as applicable, would have earned if employed for 35 hours per week at the minimum wage required by Section 1182.12 of the Labor Code during the period for which loss of income or support is being claimed, whichever is greater.
(b) The total amount payable to all derivative victims pursuant to this section as the result of one crime shall not exceed seventy thousand dollars ($70,000).