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SB-375 Victims of crime: application for compensation.(2019-2020)

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Date Published: 07/01/2019 09:00 PM
SB375:v97#DOCUMENT

Amended  IN  Assembly  July 01, 2019
Amended  IN  Senate  March 25, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 375


Introduced by Senator Durazo
(Coauthor: Assembly Member Wicks)

February 20, 2019


An act to repeal and add amend Section 13953 of the Government Code, relating to victims of crime, and making an appropriation therefor.


LEGISLATIVE COUNSEL'S DIGEST


SB 375, as amended, Durazo. Victims of crime: application for compensation.
Existing law provides for the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation Board from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of those crimes. Existing law provides that an application for compensation shall be filed within specified timeframes, including, but not limited to, within 3 years of the date of the crime. Existing law requires an application for compensation to be filed within 3 years of the date of the crime, 3 years after the victim attains 21 years of age, or 3 years from the discovery that an injury or death had been sustained as a direct result of the crime, whichever is later.
This bill would repeal those limitations, and instead authorize an application for compensation to be filed at any time following the qualifying crime. The bill would provide that the date on which the board receives the application is the filing date. extend the time to file an application for compensation from 3 years to 10 years under each of these circumstances. The bill would also make a conforming change and delete an obsolete provision. By extending the application timeframes authorizing certain uses of continuously appropriated funds, the bill would make an appropriation.
Vote: 2/3   Appropriation: YES   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 13953 of the Government Code is amended to read:

13953.
 (a) An application for compensation shall be filed within three 10 years of the date of the crime, three 10 years after the victim attains 21 years of age, or three 10 years of the time the victim or derivative victim knew or in the exercise of ordinary diligence could have discovered that an injury or death had been sustained as a direct result of crime, whichever is later. An application based on any crime eligible for prosecution under Section 801.1 of the Penal Code may be filed any time prior to the victim’s 28th birthday.
(b) The board may for good cause grant an extension of the time period in subdivision (a). In making this determination, the board shall consider all both of the following:
(1) Whether the victim or derivative victim incurs emotional harm or a pecuniary loss while testifying during the prosecution or in the punishment of the person accused or convicted of the crime.
(2) Whether the victim or derivative victim incurs emotional harm or a pecuniary loss when the person convicted of the crime is scheduled for a parole hearing or released from incarceration.

(3)Whether the victim or derivative victim incurs emotional harm or pecuniary loss as a result of the identification of the “East Area Rapist,” also known as the “Golden State Killer,” a person suspected of committing a series of homicide and sexual assault crimes in California between 1974 and 1986. As used in this paragraph, “emotional harm” includes, but is not limited to, harm incurred while preparing to testify. This paragraph shall cease to be operative on December 31, 2019.

(c) The period prescribed in this section for filing an application by or on behalf of a derivative victim shall be tolled when the board accepts the application filed by a victim of the same qualifying crime.

SECTION 1.Section 13953 of the Government Code is repealed.
SEC. 2.Section 13953 is added to the Government Code, to read:
13953.

(a)An application for compensation may be filed at any time following the qualifying crime.

(b)The date on which the board receives the application is the application filing date.