Today's Law As Amended


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AB-2264 Victim compensation: guide, signal, or service dogs.(2013-2014)



As Amends the Law Today


SECTION 1.

 Section 13955 of the Government Code is amended to read:

13955.
 Except as provided in Section 13956, a person shall be eligible for compensation when all of the following requirements are met:
(a) The person for whom compensation is being sought is any of the following:
(1) A victim.
(2) A derivative victim.
(3) (A) A person who is entitled to reimbursement for funeral, burial, or crime scene cleanup expenses pursuant to paragraph (9) or (10)  of subdivision (a) of Section 13957.
(B) This paragraph applies without respect to any felon status of the victim.
(b) Either of the following conditions is met:
(1) The crime occurred in California.  within this state, whether or not the victim is a resident of the state.  This paragraph shall apply only during those time periods during which the board determines that federal funds are available to the state for the compensation of victims of crime.
(2) Whether or not the crime occurred in  within the State of  California, the victim was any of the following:
(A) A resident of California. the state. 
(B) A member of the military stationed in California.
(C) A family member living with a member of the military stationed in California. this state. 
(c) If compensation is being sought for a derivative victim, the derivative victim is a resident of California, or any other  this state, or resident of another  state, who is any of the following:
(1) At the time of the crime was the parent, grandparent, sibling, spouse, child, or grandchild of the victim.
(2) At the time of the crime was living in the household of the victim.
(3) At the time of the crime was 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 paragraph (1).
(4) Is another family member of the victim, including, but not limited to, the victim’s fiancé or fiancée, and who witnessed the crime.
(5) Is the primary caretaker of a minor victim, but was not the primary caretaker at the time of the crime.
(d) The application is timely pursuant to Section 13953.
(e) (1) Except as provided in paragraph (2), the injury or death was a direct result of a crime.
(2) Notwithstanding paragraph (1), no act involving the operation of a motor vehicle, aircraft, or water vehicle that results in injury or death constitutes a crime for the purposes of this chapter, except when the injury or death from such an act was any of the following:
(A) Intentionally inflicted through the use of a motor vehicle, aircraft, or water vehicle.
(B) Caused by a driver who fails to stop at the scene of an accident in violation of Section 20001 of the Vehicle Code.
(C) Caused by a person who is under the influence of any alcoholic beverage or drug.
(D) Caused by a driver of a motor vehicle in the immediate act of fleeing the scene of a crime in which they  he or she  knowingly and willingly participated.
(E) Caused by a person who commits vehicular manslaughter in violation of subdivision (b) of Section 191.5, subdivision (c) of Section 192, or Section 192.5 of the Penal Code.
(F) Caused by any party where a peace officer is operating a motor vehicle in an effort to apprehend a suspect, and the suspect is evading, fleeing, or otherwise attempting to elude the peace officer.
(f) As a direct result of the crime, the victim or derivative victim sustained one or more of the following:
(1) Physical injury. The board may presume a child who has been the witness of a crime of domestic violence has sustained physical injury. A child who resides in a home where a crime or crimes of domestic violence have occurred may be presumed by the board to have sustained physical injury, regardless of whether the child has witnessed the crime.
(2) Emotional injury and a threat of physical injury.
(3) Emotional injury, where the crime was a violation of any of the following provisions:
(A) Section 236.1, 261, former Section  262, 271, 273a, 273d, 285, 286, 287,  288, former Section  288a, Section  288.5, or  289, or 653.2 of, or  subdivision (b) or (c) of Section 311.4 of, 311.4, of  the Penal Code.
(B) Felony violations of subdivision (a) of Section 187 of, Section 203, 206, 207, 209, 209.5, 210, 220, 264.1, 269, 288.7, or 646.9 of, or any crime punishable pursuant to Section 667.61 or 667.71 of, or attempted violations of Section 187 of, the Penal Code.
(C) (B)  Section 270 of the Penal Code, where the emotional injury was a result of conduct other than a failure to pay child support, and criminal charges were filed.
(D) (C)  Section 261.5 of the Penal Code, and criminal charges were filed.
(E) (D)  Section 278 or 278.5 of the Penal Code, and criminal charges were filed.  where the deprivation of custody as described in those sections has endured for 30 calendar days or more.  For purposes of this paragraph, the child, and not the nonoffending parent or other caretaker, shall be deemed the victim.
(4) Injury to, or the death of, a guide, signal, or service dog, as defined in Section 54.1 of the Civil Code, as a result of a violation of Section 600.2 or 600.5 of the Penal Code.
(5) Emotional injury to a victim who is a minor incurred as a direct result of the nonconsensual distribution of pictures or video of sexual conduct in which the minor appears.
(g) The injury or death has resulted or may result in pecuniary loss within the scope of compensation pursuant to Sections 13957 to 13957.7, inclusive.

SEC. 2.

 Section 13957 of the Government Code is amended to read:

13957.
 (a) The board may grant for pecuniary loss, when the board determines it will best aid the person seeking compensation, as follows:
(1) Subject to the limitations set forth in Section 13957.2, reimburse the amount of medical or medical-related expenses incurred by the victim for services that were provided by a licensed medical provider,  victim,  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) Subject to the limitations set forth in Section 13957.2, reimburse the amount of outpatient psychiatric, psychological, or other mental health counseling-related expenses incurred by the victim or derivative victim, including peer counseling services provided by a rape crisis center as defined by Section 13837 of the Penal Code, counseling services provided by a Certified Child Life Specialist, certified by the Association of Child Life Professionals, who provides counseling under the supervision of a licensed provider, subject to the board’s approval and subject to the limitations and restrictions the board may impose, and  and  including family psychiatric, psychological, or mental health counseling 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, that became necessary as a direct result of the crime, subject to the following conditions:
(A) The following persons may be reimbursed for the expense of their outpatient mental health counseling in an amount not to exceed ten thousand dollars ($10,000):
(i) A victim.
(ii) A derivative victim who is the surviving parent, grandparent,  sibling, child, grandchild,  spouse, fiancé,  or fiancé fiancée  of a victim of a crime that directly resulted in the death of the victim.
(iii) A derivative victim, as described in paragraphs (1) to (4), inclusive, of subdivision (c) of Section 13955, who is the primary caretaker of a minor victim whose claim is not denied or reduced pursuant to Section 13956 in a total amount not to exceed ten thousand dollars ($10,000) for not more than two derivative victims.
(B) The following persons may be reimbursed for the expense of their outpatient mental health counseling in an amount not to exceed five thousand dollars ($5,000):
(i) A derivative victim not eligible for reimbursement pursuant to subparagraph (A), provided that mental health counseling of a derivative victim described in paragraph (5) of subdivision (c) of Section 13955, shall be reimbursed only if that counseling is necessary for the treatment of the victim.
(ii) A victim of a crime of unlawful sexual intercourse with a minor committed in violation of subdivision (d) of Section 261.5 of the Penal Code. A derivative victim of a crime committed in violation of subdivision (d) of Section 261.5 of the Penal Code shall not be eligible for reimbursement of mental health counseling expenses.
(ii) (iii)  A minor who suffers emotional injury as a direct result of witnessing a violent crime and who is not eligible for reimbursement of the costs of outpatient mental health counseling under any other provision of this chapter. To be eligible for reimbursement under this clause, the minor must have been in close proximity to the victim when the minor  he or she  witnessed the crime.
(C) The board may reimburse a victim or derivative victim for outpatient mental health counseling in excess of that authorized by subparagraph (A) or (B) or for inpatient psychiatric, psychological, or other mental health counseling if the claim is based on dire or exceptional circumstances that require more extensive treatment, as approved by the board.
(D) Expenses for psychiatric, psychological, or other mental health counseling-related services may be reimbursed only if the services were provided by either of the following individuals:
(i) A person who would have been authorized to provide those services pursuant to former Article 1 (commencing with Section 13959) as it read on January 1, 2002.
(ii) A person who is licensed in by  the state in which the victim lives  to provide those services, or who is properly supervised by a person who is licensed in the state in which the victim lives to provide those services,  so licensed,  subject to the board’s approval and subject to the limitations and restrictions the board may impose.
(3) Reimburse the expenses of nonmedical remedial care and treatment rendered in accordance with a religious method of healing recognized by state law.
(3) (4)  Subject to the limitations set forth in Section 13957.5, authorize 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 or derivative victim’s injury or the victim’s death. If the qualifying crime is a violation of Section 236.1 of the Penal Code, the board may authorize compensation equal to loss of income or support that a victim incurs as a direct result of the victim’s deprivation of liberty during the crime, not to exceed the amount set forth in Section 13957.5. If the victim  victim  or derivative victim requests that the board give priority to reimbursement of loss of income or support, the board may not pay medical expenses, or mental health counseling expenses, except upon the request of the victim or derivative victim or after determining that payment of these expenses will not decrease the funds available for payment of loss of income or support.
(4) (5)  Authorize a cash payment to or on behalf of the victim for job retraining or similar employment-oriented services.
(5) (6)  Reimburse the claimant for the  expense of installing or increasing residential security, not to exceed one thousand dollars ($1,000). Reimbursement shall be made either upon verification by law enforcement that the security measures are necessary for the personal safety of the claimant or verification by a mental health treatment provider that the security measures are necessary for the emotional well-being of the claimant. For purposes of this paragraph, a claimant is the crime victim, or, if the victim is deceased, a person who resided with the deceased at the time of the crime.  Installing or increasing residential security may include, but need not be limited to, both of the following:
(A) Home security device or system.
(B) Replacing or increasing the number of locks.
(6) (7)  Reimburse the expense of renovating or retrofitting a victim’s residence, or the expense of modifying or purchasing a vehicle,  residence or a vehicle, or both,  to make the residence or the vehicle accessible or  residence, the vehicle, or both, accessible or the vehicle  operational by a victim upon verification that the expense is medically necessary for a victim who is permanently disabled as a direct result of the crime, whether the disability is partial or total.
(7) (8)  (A) Authorize a cash payment or reimbursement not to exceed three thousand four hundred and eighteen dollars ($3,418) two thousand dollars ($2,000)  to a victim for expenses incurred in relocating, if the expenses are determined 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. For purposes of this paragraph, “expenses incurred in relocating” may include the costs of temporary housing for any pets belonging to the victim upon immediate relocation. 
(B) The cash payment or reimbursement made under this paragraph shall only be awarded to one claimant per crime giving rise to the relocation. The board may authorize more than one relocation per crime if necessary for the personal safety or emotional well-being of the claimant. However, the total cash payment or reimbursement for all relocations due to the same crime shall not exceed three thousand four hundred and eighteen dollars ($3,418). two thousand dollars ($2,000).  For purposes of this paragraph, paragraph  a claimant is the crime victim, or, if the victim is deceased, a person who resided with the deceased at the time of the crime.
(C) The board may, under compelling circumstances, award a second cash payment or reimbursement to a victim for another crime if both of the following conditions are met:
(i) The crime occurs more than three years from the date of the crime giving rise to the initial relocation cash payment or reimbursement.
(ii) The crime does not involve the same offender.
(D) When a relocation payment or reimbursement is provided to a victim of sexual assault or domestic violence and the identity of the offender is known to the victim, the victim shall agree not to inform the offender of the location of the victim’s new residence and not to allow the offender on the premises at any time, or shall agree to seek a restraining order against the offender. A victim may be required to repay the relocation payment or reimbursement to the board if the victim violates the terms set forth in this paragraph. 
(E) Notwithstanding subparagraphs (A) and (B), the board may increase the cash payment or reimbursement for expenses incurred in relocating to an amount greater than three thousand four hundred and eighteen dollars ($3,418) two thousand dollars ($2,000),  if the board finds this amount is appropriate due to the unusual, dire, or exceptional circumstances of a particular claim.
(F) If a security deposit, pet deposit, or both is required for relocation, the board shall be named as the recipient and receive the funds upon expiration of the victim’s rental agreement.
(8) (9)  When a victim dies as a result of a crime, the board may reimburse any individual who voluntarily, and without anticipation of personal gain, pays or assumes the obligation to pay any of the following expenses:
(A) The medical expenses incurred as a direct result of the crime in an amount not to exceed the rates or limitations established by the board.
(B) The funeral and burial expenses incurred as a direct result of the crime, not to exceed twelve seven  thousand eight five  hundred and eighteen dollars ($12,818). The board shall not create or comply with a regulation or policy that mandates a lower maximum potential amount of an award pursuant to this subparagraph for less than twelve thousand eight hundred and eighteen dollars ($12,818). dollars ($7,500). 
(9) (10)  When the crime occurs in a residence or inside a vehicle,  residence,  the board may reimburse any individual who voluntarily, and without anticipation of personal gain, pays or assumes the obligation to pay the reasonable costs to clean the scene of the crime in an amount not to exceed one thousand seven hundred and nine dollars ($1,709). dollars ($1,000).  Services reimbursed pursuant to this subdivision shall be performed by persons registered with the State Department of Public Health as trauma scene waste practitioners in accordance with Chapter 9.5 (commencing with Section 118321) of Part 14 of Division 104 of the Health and Safety Code.
(10) (11)  When the crime is a violation of Section 600.2 or 600.5 of the Penal Code, the board may reimburse the expense of veterinary services, replacement costs, or other reasonable expenses, as ordered by the court pursuant to Section 600.2 or 600.5 of the Penal Code, in an amount not to exceed ten thousand dollars ($10,000).
(11) An award of compensation pursuant to paragraph (5) of subdivision (f) of Section 13955 shall be limited to compensation to provide mental health counseling and shall not limit the eligibility of a victim for an award that the victim may be otherwise entitled to receive under this part. A derivative victim shall not be eligible for compensation under this provision.
(b) The total award to or on behalf of each victim or derivative victim may not exceed thirty-five thousand dollars ($35,000), except that this award amount  may be increased to an amount not exceeding  seventy thousand dollars ($70,000) if federal funds for that increase are available.
(c) (1) This section shall become inoperative on July 1, 2024, only if General Fund moneys over the multiyear forecasts beginning in the 2024–25 fiscal year are available to support ongoing augmentations and actions, and if an appropriation is made to backfill the Restitution Fund to support the actions in this section. If those conditions are met, this section is repealed January 1, 2025.
(2) The amendments made by the act adding this subdivision shall become operative on January 1, 2023.

SEC. 3.

 Section 600.2 of the Penal Code is amended to read:

600.2.
 (a) It is a crime for a any  person to permit a any  dog that which  is owned, harbored, or controlled by the person  him or her  to cause injury to, to  or the death of, a of any  guide, signal, or service dog. dog, as defined by Section 54.1 of the Civil Code, while the guide, signal, or service dog is in discharge of its duties. 
(b) A violation of this section is an infraction punishable by a fine not to exceed two hundred fifty dollars ($250) if the injury or death to a any  guide, signal, or service dog is caused by the person’s failure to exercise ordinary care in the control of the person’s  his or her  dog.
(c) A violation of this section is a misdemeanor if the injury or death to a any  guide, signal, or service dog is caused by the person’s reckless disregard in the exercise of control over the person’s  his or her  dog, under circumstances that constitute such a departure from the conduct of a reasonable person as to be incompatible with a proper regard for the safety and life of a any  guide, signal, or service dog. A violation of this subdivision is  shall be  punishable by imprisonment in a county jail not exceeding one year, or by a fine of not less than two thousand five hundred dollars ($2,500) nor more than five thousand dollars ($5,000), or both that fine and imprisonment.  both.  The court shall consider the costs ordered pursuant to subdivision (d) when determining the amount of any fines.
(d) A defendant who  In any case in which a defendant  is convicted of a violation of this section  section, the defendant  shall be ordered to make restitution to the person with a disability who has custody or ownership of the guide, signal, or service dog for any veterinary bills,  bills and  replacement costs of the dog if it is disabled or killed, medical or medical-related expenses of the person with a disability, loss of wages or income of the person with a disability, or  or  other reasonable costs deemed appropriate by the court. The costs ordered pursuant to this subdivision shall be paid prior to any fines. The person with the disability may apply for compensation by the California Victim Compensation and Government Claims  Board pursuant to Chapter 5 (commencing with Section 13950) of Part 4 of Division 3 of Title 2 of the Government Code, in an amount not to exceed ten thousand dollars ($10,000).
(e) For the purposes of this section, the following definitions apply:
(1) “Guide, signal, or service dog” means a guide dog, signal dog, or service dog, as defined in Section 54.1 of the Civil Code. “Guide, signal, or service dog” also includes a dog enrolled in a training school or program, located in this state, for guide, signal, or service dogs.
(2) “Located in this state” includes the training of a guide, signal, or service dog that occurs in this state, even if the training school or program is located in another state.
(3) “Loss of wages or income” means wages or income that are lost by the person with a disability as a direct result of a violation of this section.
(4) “Replacement costs” means all costs that are incurred in the replacement of the guide, signal, or service dog, including, but not limited to, the training costs for a new dog, if needed, the cost of keeping the now-disabled dog in a kennel while the handler travels to receive the new dog, and, if needed, the cost of the travel required for the handler to receive the new dog.

SEC. 4.

 Section 600.5 of the Penal Code is amended to read:

600.5.
 (a) A Any  person who intentionally causes injury to, to  or the death of, a of any  guide, signal, or service dog is  dog, as defined by Section 54.1 of the Civil Code, while the dog is in discharge of its duties, is  guilty of a misdemeanor, punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both that a  fine and imprisonment. The court shall consider the costs ordered pursuant to subdivision (b) when determining the amount of any fines.
(b) A defendant who  In any case in which a defendant  is convicted of a violation of this section  section, the defendant  shall be ordered to make restitution to the person with a disability who has custody or ownership of the dog for any veterinary bills,  bills and  replacement costs of the dog if it is disabled or killed, medical or medical-related expenses of the person with a disability, loss of wages or income of the person with a disability, or  or  other reasonable costs deemed appropriate by the court. The costs ordered pursuant to this subdivision shall be paid prior to any fines. The person with the disability may apply for compensation by the California Victim Compensation and Government Claims  Board pursuant to Chapter 5 (commencing with Section 13950) of Part 4 of Division 3 of Title 2 of the Government Code, in an amount not to exceed ten thousand dollars ($10,000).
(c) For the purposes of this section, the following definitions apply:
(1) “Guide, signal, or service dog” means a guide dog, signal dog, or service dog, as defined in Section 54.1 of the Civil Code. “Guide, signal, or service dog” also includes a dog enrolled in a training school or program, located in this state, for guide, signal, or service dogs.
(2) “Located in this state” includes the training of a guide, signal, or service dog that occurs in this state, even if the training school or program is located in another state.
(3) “Loss of wages or income” means wages or income that are lost by the person with a disability as a direct result of a violation of this section.
(4) “Replacement costs” means all costs that are incurred in the replacement of the guide, signal, or service dog, including, but not limited to, the training costs for a new dog, if needed, the cost of keeping the now-disabled dog in a kennel while the handler travels to receive the new dog, and, if needed, the cost of the travel required for the handler to receive the new dog.