13960.

 As used in this article:

(a) (1) “Victim” means a resident of the State of California, a member of the military stationed in California, or a family member living with a member of the military stationed in California who sustains injury or death as a direct result of a crime.

(2) “Derivative victim” means a resident of California, or resident of another state, who is one of the following:

(A) At the time of the crime was the parent, grandparent, sibling, spouse, child, or grandchild of the victim.

(B) At the time of the crime was living in the household of the victim.

(C) A person who had previously lived in the household of the victim for a period of not less than two years in a relationship substantially similar to a relationship listed in subparagraph (A).

(D) Is another family member of the victim, including the victim’s fiancé or fiancée, and witnessed the crime.

(E) Is the primary caretaker of a minor victim, but was not the primary caretaker at the time of the crime.

(b) (1) “Injury” includes physical or emotional injury, or both. However, this article does not apply to emotional injury unless that injury is incurred by a victim who also sustains physical injury or threat of physical injury. For purposes of this article, a victim of a crime committed in violation of Section 261, 262, 271, 273a, 273d, 278, 278.5, 285, 286, 288, 288a, 288.5, or 289, or subdivision (b) or (c) of Section 311.4, of the Penal Code, who sustains emotional injury is presumed to have sustained physical injury. For purposes of this article, a victim of a crime committed in violation of Section 270 of the Penal Code, as a result of conduct other than a failure to pay child support, who sustains emotional injury is presumed to have sustained physical injury if criminal charges were filed. For purposes of this article, a victim of a crime committed in violation of subdivision (d) of Section 261.5 of the Penal Code, who sustains emotional injury, is presumed to have sustained physical injury if felony charges were filed.

(2) It is the intent of the Legislature that in order for the presumption set forth in paragraph (1) relating to a violation of Section 278 or 278.5 of the Penal Code to apply, the deprivation of custody as described in those sections shall have endured for not less than 30 days. For the purposes of this paragraph, the child, and not the nonoffending parent or other caretaker, shall be deemed the victim.

(3) A child who has been the witness of a crime or crimes of domestic violence may be presumed by the board to have sustained physical injury.

(c) “Crime” means a crime or public offense that would constitute a misdemeanor or a felony if committed in California by a competent adult which results in injury to a resident of this state, including a crime or public offense, wherever it may take place, when the resident is temporarily absent from the state. “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. No act involving the operation of a motor vehicle, aircraft, or water vehicle which results in injury or death constitutes a crime for the purposes of this article, except that a crime shall include any of the following:

(1) Injury or death intentionally inflicted through the use of a motor vehicle, aircraft, or water vehicle.

(2) Injury or death caused by a driver in violation of Section 20001 of the Vehicle Code.

(3) Injury or death caused by a person who is under the influence of any alcoholic beverage or drug.

(4) Injury or death caused by a driver of a motor vehicle in the immediate act of fleeing the scene of a crime in which he or she knowingly and willingly participated.

(5) Injury or death caused by a person in violation of subdivision (c) of Section 192 or Section 192.5 of the Penal Code.

For the purpose of the limitations imposed by this article, a crime shall mean one act or series of related acts arising from the same course of conduct with the same perpetrator or perpetrators against a victim.

(d) “Pecuniary loss” means the following expenses for which the victim or derivative victim has not been and will not be reimbursed from any other source:

(1) The amount of medical or medical-related expenses incurred by the victim, including inpatient psychological or psychiatric expenses, and including, but not limited to, eyeglasses, hearing aids, dentures, or any prosthetic device taken, lost, or destroyed during the commission of the crime, or the use of which became necessary as a direct result of the crime.

(2) The amount of outpatient psychiatric, psychological, or other mental health counseling related expenses which became necessary as a direct result of the crime. These counseling services may only be reimbursed if provided by any of the following individuals:

(A) A person licensed as a physician who is certified in psychiatry by the American Board of Psychiatry and Neurology or who has completed a residency in psychiatry.

(B) A person licensed as a psychologist under Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code.

(C) A person licensed as a clinical social worker under Article 4 (commencing with Section 4996) of Chapter 14 of Division 2 of the Business and Professions Code.

(D) A person licensed as a marriage, family, and child counselor under Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code.

(E) A person registered as a psychological assistant who is under the supervision of a licensed psychologist or board certified psychiatrist as required by Section 2913 of the Business and Professions Code.

(F) A person registered with the Board of Psychology who is providing services in a nonprofit community agency pursuant to subdivision (d) of Section 2909 of the Business and Professions Code.

(G) A person registered as a marriage, family, and child counselor intern who is under the supervision of a licensed marriage, family, and child counselor, a licensed clinical social worker, a licensed psychologist, or a licensed physician certified in psychiatry, as specified in Section 4980.44 of the Business and Professions Code.

(H) A person registered as an associate clinical social worker, as defined in Section 4996.18 of the Business and Professions Code, who is under the supervision of a licensed clinical social worker, a licensed psychologist, or a board certified psychiatrist.

(I) A person who qualifies as a psychology intern as described in Section 2911 of the Business and Professions Code who is under the supervision of a licensed mental health professional (psychiatrist, psychologist, or social worker) in a university hospital or university medical school clinic or a person who has completed the qualifications described in Section 2911 of the Business and Professions Code who is pursuing a postdoctoral and training in a university or university medical school clinic under the supervision of a licensed mental health professional (psychiatrist, psychologist, or social worker) for the purpose of achieving higher clinical competency.

(3) The loss of income that the victim or the loss of support that the derivative victim has incurred or will incur as a direct result of an injury or death.

(4) Pecuniary loss also includes nonmedical remedial care and treatment rendered in accordance with a religious method of healing recognized by state law.

(5) The amount of family psychiatric, psychological, or mental health counseling expenses necessary as a direct result of the crime for the successful treatment of the victim, provided to family members of the victim in the presence of the victim, whether or not the family member relationship existed at the time of the crime.

(e) “Board” means the State Board of Control.

(f) “Victim centers” means those centers as specified in Section 13835.2 of the Penal Code.

(g) “Peer counselor” means 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 in consultation with a mental health practitioner licensed within the State of California.

13961.

 (a) A victim or derivative victim may file an application for assistance with the board.

(b) The board shall supply and make available an application form for this purpose. The form shall be in one part, in laymen’s terms, and shall be accompanied by information including, but not limited to, all of the following:

(1) The eligibility of applicants, the types of claims covered, and the maximum amount payable for these claims.

(2) Information explaining the procedure to be used to evaluate an applicant’s claims.

(3) Other information pertinent to the applicant as deemed necessary by the board.

(4) Information about the existence and location of local victim centers.

(c) (1) The period prescribed for the filing of an application for assistance shall be three years after the date of the crime or three years after the victim attains 18 years of age, whichever is later.

(2) The board may for good cause grant an extension of the time period in paragraph (1) not to exceed five years after the date of the crime or after the victim attains 18 years of age, whichever is later.

(3) The board may grant an extension of the time period in paragraph (1) or (2) if either (A), (B), or (C) is true:

(A) The application is filed within one year from the date of the filing of an indictment, information, or complaint alleging the facts that gave rise to the application; and the prosecuting attorney recommends that the board find that the applicant cooperated with law enforcement and the prosecuting attorney in the apprehension and prosecution of the person charged with the crime, and the board so finds.

(B) A victim is called to testify in a criminal proceeding adjudicating the facts that gave rise to the application; the application is filed within one year of the completion of the victim’s testimony; and the prosecuting attorney recommends that the board find that the applicant cooperated with law enforcement and the prosecuting attorney in the apprehension and prosecution of the person charged with the crime, and the board so finds.

(C) The application is filed within one year of the time that a formal written decision is made by the prosecuting attorney not to prosecute, and the prosecuting attorney recommends that the board find that the applicant cooperated with law enforcement and the prosecuting attorney in the investigation and consideration of the crime for prosecution, and the board so finds.

(4) The board may, for good cause, grant an extension of the time period in paragraph (1) or (2) if the application for assistance is accompanied by a copy of the crime report, or other official documentation describing the offense, provided that the crime was reported within one year of the date of the crime or one year of the victim’s 21st birthday, whichever is later.

(d) (1) The application for assistance shall be verified under penalty of perjury by the victim or derivative victim. If the victim or derivative victim is a minor or is incompetent, the application shall be verified under penalty of perjury or on information and belief by the parent with legal custody or the legal guardian of the victim or derivative victim for whom the application is made.

(2) If the parent with legal custody is not available to verify the application, or a legal guardian is not available or has not been appointed, the application shall be verified under penalty of perjury or on information and belief by a relative who is taking care of the victim or derivative victim, or by a representative of the appropriate child protective services agency. If the application is verified by a relative, the relative shall complete and submit a “Victim Compensation Program Caregiver’s Authorization Affidavit” as provided by the board and have the right to authorize medical and dental care for the minor pursuant to Section 6550 of the Family Code. The board may rely on this verification as sufficient authority to verify the application.

(e) The application shall contain all of the following:

(1) A description of the date, nature, and circumstances of the crime or public offense.

(2) A complete financial statement, including, but not limited to, the cost of medical care or burial expense and the loss of wages that the victim or the loss of support that the derivative victim has incurred or will incur and the extent to which the applicant has been or will be indemnified for these expenses from any source.

(3) When appropriate, a statement indicating the extent of any disability resulting from the injury incurred.

(4) An authorization permitting the board or a local victim center, or both, to verify the contents of the application.

(5) Any other information as the board may require.

1191.15.

 (a) The victim of any crime, or his or her parent or guardian if the victim is a minor, or the next of kin of the victim if the victim has died, may file with the court a written, audiotaped, or videotaped statement expressing his or her views concerning the crime, the person responsible, and the need for restitution, in lieu of or in addition to such person personally appearing at the time of judgment and sentence. When a probation report is made to the court, not less than 10 days prior to the time of judgment and sentence, the probation officer shall give written notice of this right to the victim, or his or her parent or guardian if the victim is a minor, or the next of kin of the victim if the victim has died. The written notice shall be made an attachment to the probation report. The court shall, prior to imposing judgment and sentence, consider any written, audiotaped, or videotaped statement filed with the court under the provisions of this section.

A written transcript of any audiotaped or videotaped statement shall be provided by the person filing the statement, and shall be made available as a public record of the court after the judgment and sentence have been imposed.

(b) Any written, audiotaped, or videotaped statement filed with the court under the provisions of this section shall be sealed until the time set for imposition of judgment and sentence except that the court and the probation officer, shall shall, and counsel for the parties may, review the statements not more than two court days prior to the date set for imposition of judgment and sentence.

(c) No audiotaped or videotaped statement submitted to the court under the provisions of this section may be duplicated, copied, or reproduced by any audio or visual means.

(d) Nothing in this section shall be construed to prohibit the prosecutor from representing to the court the views of the victim or his or her parent or guardian or the next of kin.

(e) The court shall not be responsible for providing any equipment or resources needed for the preparation of an audiotaped or videotaped statement.

13740.

 The Legislature finds and declares the following:

(a) That the Victims of Crime Program, established by Article 1 (commencing with Section 13960) of Chapter 5 of Part 4 of Division 3 of Title 2 of the Government Code, is one of the most important statewide programs to address the needs of crime victims.

(b) That the last available annual figures, for 1997, indicate that statewide, only an average of 7 percent of all eligible victims apply for the program.

(c) It is the intent of the Legislature that this problem be addressed by a pilot program administered by the State Board of Control to develop and test an effective means of notice and assistance to crime victims in order to substantially increase the number of crime victims who receive assistance.

13741.

 The State Board of Control shall develop at least three pilot programs, in counties to be targeted by the board, to increase the number of crime victims who participate in the Victims of Crime Program. The pilot programs shall be administered by the board, and shall include, but not be limited to, the following elements:

(a) The collection of the names of eligible victims from law enforcement or the district attorney’s office. Local law enforcement agencies and district attorneys’ offices shall, in a timely manner, provide this information upon request by the board.

(b) A program of periodic notices to the crime victims whose names have been collected for one year after the date of the crime.

(c) If needed, the board may enter into agreements with victim witness centers, or nonprofit centers serving victims of crime in order to obtain the names and other information regarding victims for purposes of the pilot programs. The board shall adopt appropriate procedures to address the privacy and personal security issues of the crime victims.

(d) The data collected shall be evaluated by the board for purposes of determining if participation rates in the crime victims’ program are increased as a result of the pilot programs.

(e) The board shall establish an advisory committee made up of representatives of victims advocacy and support groups. The committee shall meet not less than twice a year to propose possible legislation and ways to improve the program.

13742.

 This article title shall remain in effect only until January 1, 2003 2005, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2003 2005, deletes or extends that date.