Today's Law As Amended

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SB-1232 Victims of crime: application for compensation.(2017-2018)

As Amends the Law Today
As Amends the Law on Nov 08, 2018


 Section 13953 of the Government Code is amended to read:

 (a) An application for compensation shall be filed within seven three  years of the date of the crime, seven three  years after the victim attains 21 years of age, or seven three  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 both all  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.