Today's Law As Amended


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AB-767 Victim compensation.(2019-2020)



As Amends the Law Today


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. adult, regardless of whether any person is arrested for, charged with, or convicted of committing the crime. 
(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.
(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 Department of the Youth Authority, 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 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 services provider” means an individual, whether paid or serving as a volunteer, who provides services to victims under the auspices or supervision of either an agency or organization that has a documented record of providing services to victims, or a law enforcement or prosecution agency.

SEC. 2.

 Section 13956 of the Government Code is amended to read:

13956.
 Notwithstanding Section 13955, a person shall not be eligible for compensation under the following conditions:
(a) An  Except as provided in subdivisions (b) and (d), an  application 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 person whose injury or death gives rise to the application. application if the board finds both of the following: 
(1) Factors that may be considered in determining whether the victim or derivative victim was involved in the events leading to the qualifying crime include, but are not limited to:
(A) The victim or derivative victim initiated the qualifying crime, or provoked or aggravated the suspect into initiating the qualifying crime.
(B) The qualifying crime was a reasonably foreseeable consequence of the conduct of the victim or derivative victim.
(1) The victim or derivative victim was knowingly and willingly in the process of committing a crime that constitutes a felony that directly caused the qualifying crime, or directly provoked or aggravated the suspect into committing the qualifying crime at the time that the qualifying injury or death occurred.
(2) The felony that the victim or the derivative victim committed posed a substantial threat of causing great bodily injury to, or the death of, another person.
(b) (1) The board shall not deny an application pursuant to subdivision (a) if any of the following apply:
(C) (A)  The victim or derivative victim was committing a crime that could be charged as a felony and reasonably lead to him or her being victimized. However, committing a crime shall not be considered involvement if the victim’s injury or death  victim’s injury  occurred as a direct result of a crime committed against the victim  in violation of Section 261, 262, or 273.5 of, or for a crime of unlawful sexual intercourse with a minor  subdivision (b) or (c) of Section 236.1, Section 261, 262, 273.5, 286, 287, 289, or former Section 288a of the Penal Code or of a crime committed against the victim  in violation of subdivision (d) of  Section 261.5 of, of  the Penal Code.
(B) The victim’s involvement in the crime consisted of being the victim of unlawful sexual intercourse with a minor in violation of subdivision (d) of Section 261.5 of the Penal Code.
(C) The victim’s involvement in the crime occurred in a case involving the victim’s injuries resulting from police use of force.
(D) The victim’s involvement in the crime occurred in a case in which the victim was killed as a result of police aggression or use of force.
(E) The claim is for expenses incurred pursuant to paragraph (2) of subdivision (a) of Section 13957, or for funeral and burial expenses pursuant to paragraph (8) of subdivision (a) of Section 13957.
(2) Notwithstanding paragraph (1), the board shall deny an application if the victim is deceased as a result of the qualifying crime and the award would unjustly enrich the living person who is directly criminally responsible for the victim’s death.
(2) (c)  If the victim is determined to have been involved in the events leading to the qualifying crime, factors that may be considered to mitigate or overcome involvement include, but are not limited to:
(A) The victim’s injuries were significantly more serious than reasonably could have been expected based on the victim’s level of involvement.
(B) A third party interfered in a manner not reasonably foreseeable by the victim or derivative victim.
(C) The board shall consider the victim’s age, physical condition, and psychological state, as well as any compelling health and safety concerns, in determining whether the application should be denied pursuant to this section. The application of a derivative victim of domestic violence under 18 years of age or derivative victim of trafficking under 18 years of age shall not be denied on the basis of the denial of the victim’s application under this subdivision.
(b) (d)  (1) An application shall be denied  may be denied, in whole or in part,  if the board finds that the victim or, if 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. 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. A victim  If the victim or derivative victim has obtained a temporary restraining order, emergency order, emergency protective order, or protective order, has presented themself to a licensed medical or mental health care provider for treatment for injuries resulting from the crime, has reported the crime to law enforcement, or has sought services from a victim services provider, that shall be deemed to satisfy the requirement for reasonable cooperation with a law enforcement agency and the application shall not be denied, in whole or in part, pursuant to this paragraph. A victim or a derivative victim  of domestic violence shall not be determined to have failed to cooperate based on his or her  their  conduct with law enforcement at the scene of the crime. Lack of cooperation shall also not be found solely because a victim of sexual assault, domestic violence, or human trafficking delayed reporting the qualifying crime. delayed reporting the qualifying crime. A claim shall not be denied, in whole or in part, pursuant to this paragraph because of the lack of cooperation of the victim, or of the derivative victim, if the victim’s injury or death resulted from a law enforcement officer’s use of force. 
(2) An application for a claim based on domestic violence  A claim  shall not be denied solely because a police report was not made by the victim.  pursuant to this subdivision, in whole or in part, solely because the crime or qualifying circumstances are not verified by law enforcement or documented in a police report, or because the victim or derivative victim has not reported the qualifying crime to law enforcement.  The board shall adopt guidelines that allow the board to consider and approve  for consideration and approval of  applications for assistance based on domestic violence  relying upon evidence other than a police report to  available evidence to reasonably  establish that a domestic violence  qualifying  crime has occurred. Factors evidencing that a domestic violence  Evidence that the board may use to verify that a qualifying  crime has occurred may include, but are shall  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. be limited to, all of the following: 
(A) Medical physical or mental health records that document injuries consistent with the allegations of the qualifying crime.
(B) A written or oral report from a law enforcement agency concluding that a crime was committed against the victim.
(C) A statement from a person licensed to provide psychiatric, psychological, or mental health counseling-related services, stating that the victim is receiving services related to the qualifying crime.
(D) A written statement provided by a victim services provider who has provided services to the victim or derivative victim in response to the impact of the qualifying crime.
(E) A statement provided by a credible witness to the qualifying crime.
(F) A permanent restraining order or protective order issued by a court to protect or separate the victim or derivative victim from the person responsible for the qualifying crime.
(G) A statement from a licensed medical provider, physician’s assistant, nurse practitioner, or other person licensed to provide medical or mental healthcare documenting that the victim experienced physical, mental, or emotional injury as a result of the qualifying crime.
(H) Any other reliable corroborating evidence that the board finds sufficient to reasonably establish that a qualifying crime occurred.
(3) 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 additional  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,  evidence described in paragraph (1),  or that the victim received a sexual assault examination.
(4) 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 no police report was made by the victim.  The board shall adopt additional  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 of the Penal Code has occurred. That evidence may include any reliable corroborating information approved by the board, including, but not limited to, evidence described in paragraph (1), or  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.
(5) (A) 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.
(B) Factors that the board shall consider for purposes of determining if  evidencing that  a claim qualifies for compensation include, but are not limited to, the evidence  evidence described in paragraphs (1) and (2), or evidence  of the following:
(i) Restricted or unrestricted reports to a military victim advocate, sexual assault response coordinator, chaplain, attorney, or other military personnel.
(ii) Medical or physical evidence consistent with sexual assault.
(iii) 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.
(iv) 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.
(v) A credible witness to whom the victim disclosed the details that a sexual assault crime occurred.
(vi) A restraining order from a military or civilian court against the perpetrator of the sexual assault.
(vii) Other behavior by the victim consistent with sexual assault.
(C) For purposes of this subdivision, the sexual assault at issue shall have occurred during military service, including deployment.
(D) For purposes of this subdivision, the sexual assault may have been committed off base.
(E) For purposes of this subdivision, a “perpetrator” means an individual who is any of the following at the time of the sexual assault:
(i) An active duty military personnel from the United States Army, Navy, Marine Corps, Air Force, or Coast Guard.
(ii) A civilian employee of any military branch specified in clause (i), military base, or military deployment.
(iii) A contractor or agent of a private military or private security company.
(iv) A member of the California National Guard.
(F) For purposes of this subdivision, “sexual assault” means an offense included in Section 261, 262, 264.1, 286, 287, formerly  former Section  288a, or Section 289 of the Penal Code, as of the date the act that added this paragraph was enacted.
(c) (1) Notwithstanding Section 13955, no person who is convicted of a violent felony listed in subdivision (c) of Section 667.5 of the Penal Code 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, or has been discharged from postrelease community supervision or mandatory supervision, if any, for that violent crime. 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, or while an applicant is required to register as a sex offender pursuant to Section 290 of the Penal Code.
(2) A person who has been convicted of a violent felony listed in subdivision (c) of Section 667.5 of the Penal Code 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).