AB1100 - Victim compensation.

Amended IN Assembly March 17, 2025 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 1100 Introduced by Assembly Member Sharp-Collins February 20, 2025 An act to amend Section 11006 of the Penal Code, relating to crime prevention. Sections 13951 and 13954 of, to amend and repeal Section 13956 of, and to repeal and amend Section 13957.5 of, the Government Code, relating to victim compensation, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGEST AB 1100, as amended, Sharp-Collins. Crime prevention. Victim compensation. Existing law generally provides for the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation Board from the Restitution Fund, which is continuously appropriated to the California Victim Compensation Board. Existing law defines terms for the purpose of determining the eligibility of victims of crime for compensation from the Restitution Fund. This bill would make changes to the definition of “derivative victim” and “victim” and would define “victim of violent crime advocate” for purposes of these provisions. Existing law requires an application for compensation to be filed with the board in a manner determined by the board, authorizes the board to require submission of additional information, and requires the board to communicate any determination made with respect to the adequacy of the information received from the applicant, as specified. Existing law also requires the board to verify information with various entities, including hospitals and law enforcement officials, as specified. Existing law also creates a process for the board’s verification of information, including by requiring the applicant to cooperate with the board, as specified. This bill would authorize the board to verify information, but not require the board to do so, and would prohibit the board from seeking or requiring additional information solely to verify that the qualifying crime occurred if the board has already received a valid form of verification, as specified. The bill would also change the verification procedure in various ways. The bill would also require the board to accept certain information as evidence to verify that a qualifying crime occurred and that the injury or death on which the claim is based is a result of the qualifying crime, as specified. Existing law authorizes the board to deny an application based on the nature of the victim’s or other applicant’s involvement in the events leading up to the crime, as specified, and requires the board to deny an application for compensation if it finds that 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. Existing law also prohibits a person who is convicted of a violent felony to receive compensation, as specified. This bill would delete those provisions. By expanding the pool of persons eligible to receive moneys from a continuously appropriated fund, the bill would make an appropriation. Existing law authorizes to board to take certain actions in authorizing compensation for loss of income and support pursuant to specified law, including authorization to compensate an adult derivative victim for loss of income if certain conditions are satisfied and to compensate a victim who is a minor at the time of the crime, as specified. Existing law prohibits the amount payable to derivative victims pursuant to these provisions from exceeding $100,000. This bill would change some of the conditions that must be satisfied for compensating an adult derivative victim for loss of income, and remove the authorization to compensate a victim who is a minor at the time of the crime. The bill would reduce the cap on the amount payable to derivative victims pursuant to these provisions to $70,000. Existing law establishes the Department of Justice, and establishes that the department is under the direction and control of the Attorney General. Existing law requires the Attorney General to appoint agents and other employees to carry out the responsibilities of the department. This bill would make technical, nonsubstantive changes to that provision. Digest Key Vote: MAJORITY 2/3 Appropriation: NO YES Fiscal Committee: NO YES Local Program: NO Bill Text The people of the State of California do enact as follows: 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. (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. victim and who did not commit the crime that caused the victim’s injury or death. (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, California Division of Juvenile Justice, 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 an act or omission of another that is 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 of violent crime advocate” has the same meaning as provided in subdivision (h) of Section 1946.7 of the Civil Code. SEC. 2. Section 13954 of the Government Code is amended to read: 13954. (a) The board shall (1) (A) If the information provided to the board is insufficient to reasonably verify the application or claim by a preponderance of the evidence, the board may verify with hospitals, physicians, law enforcement officials, or other interested parties involved, the treatment of the victim or derivative victim, circumstances of the crime, amounts paid or received by or for the victim or derivative victim, and or any other pertinent information deemed necessary by the board. Verification (B) The board shall not seek nor require additional information from a third party solely to verify that a qualifying crime occurred if the board has received a valid and complete form of verification listed under subdivision (c) of Section 13956. (C) The board shall not solicit information from a law enforcement agency nor require information from a law enforcement agency if either of the following occurred: (i) The qualifying crime was not reported to a law enforcement agency, pursuant to paragraph (1) of subdivision (a) of Section 13956. (ii) The victim provided a form of verification listed in subdivision (c) of Section 13956 in lieu of a police report. (D) This paragraph shall not be construed to limit the board’s ability to contact the agency, organization, court, or individual from which a form of evidence that the board has received evidencing that the crime occurred or that the injury or death resulted from the crime originates to confirm the evidence’s authenticity. (2) Verification information shall be returned to the board within 10 business days after a request for verification has been made by the board. Verification information shall be provided at no cost to the applicant, the board, or victim centers. When requesting verification information, the board shall certify that a signed authorization by the applicant is retained in the applicant’s file and that this certification constitutes actual authorization for the release of information, notwithstanding any other provision of law. If requested by a physician or mental health provider, the board shall provide a copy of the signed authorization for the release of information. (b) (1) The applicant shall cooperate with the staff of the board or the victim center in the verification of the information contained in the application. Failure to cooperate shall be reported to the board, which, in its discretion, may reject the application solely on this ground. (2) An applicant may be found to have failed to cooperate with the board if any of the following occur: (A) The applicant has information, or there is information that he or she they may reasonably obtain, that is needed to process the application or supplemental claim, and the applicant failed to provide the information after being requested to do so by the board. The board shall take the applicant’s economic, psychosocial, and postcrime traumatic circumstances into consideration, and shall not unreasonably reject an application solely for failure to provide information. (B) The applicant provided, or caused another to provide, false information regarding the application or supplemental claim. (C) The applicant refused to apply for other benefits potentially available to him or her them from other sources besides the board board, including, but not limited to, worker’s compensation, state disability insurance, social security benefits, and unemployment insurance. (D) The applicant threatened violence or bodily harm to a member of the board or the board’s staff. (c) The board may contract with victim centers to provide verification of applications processed by the centers pursuant to conditions stated in subdivision (a). The board and its staff shall cooperate with the Office of Criminal Justice Planning and victim centers in conducting training sessions for center personnel and shall cooperate in the development of standardized verification procedures to be used by the victim centers in the state. The board and its staff shall cooperate with victim centers in disseminating standardized board policies and findings as they relate to the centers. (d) (1) Notwithstanding Section 827 of the Welfare and Institutions Code or any other provision of law, every law enforcement and social service agency in the state shall provide to the board or to victim centers that have contracts with the board pursuant to subdivision (c), upon request, a complete copy of the law enforcement report report, if available, and any supplemental reports involving the crime or incident giving rise to a claim, a copy of a petition filed in a juvenile court proceeding, reports of the probation officer, and any other document made available to the probation officer or to the judge, referee, or other hearing officer, for the specific purpose of determining the eligibility of a claim filed pursuant to this chapter. (2) The board and victim centers receiving records pursuant to this subdivision may shall not disclose a document that personally identifies a minor to anyone other than the minor who is so identified, his or her the minor’s custodial parent or guardian, the attorneys for those parties, and any other persons that may be designated by court order. Any information received pursuant to this section shall be received in confidence for the limited purpose for which it was provided and may shall not be further disseminated. A violation of this subdivision is a misdemeanor punishable by a fine not to exceed five hundred dollars ($500). (3) The law enforcement agency supplying information pursuant to this section may withhold the names of witnesses or informants from the board, if the release of those names would be detrimental to the parties or to an investigation in progress. (e) Notwithstanding any other provision of law, every state agency, upon receipt of a copy of a release signed in accordance with the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code) by the applicant or other authorized representative, shall provide to the board or victim center center, upon request of the board or victim center, the information necessary to complete the verification of an application filed pursuant to this chapter. (f) The Department of Justice shall furnish, upon Upon application of the board, the Department of Justice shall furnish all information necessary to verify the eligibility of any applicant for benefits pursuant to subdivision (c) of Section 13956, to recover any restitution fine or order obligations that are owed to the Restitution Fund or to any victim of crime, or to evaluate the status of any criminal disposition. crime. (g) A privilege is not waived under Section 912 of the Evidence Code by an applicant consenting to disclosure of an otherwise privileged communication if that disclosure is deemed necessary by the board for verification of the application. (h) Any verification conducted pursuant to this section shall be subject to the time limits specified in Section 13958. (i) Any county social worker acting as the applicant for a child victim or elder abuse victim shall not be required to provide personal identification, including, but not limited to, the applicant’s date of birth or social security number. County social workers acting in this capacity shall not be required to sign a promise of repayment to the board. SEC. 3. Section 13956 of the Government Code, as amended by Section 2 of Chapter 771 of the Statutes of 2022, is amended to read: 13956. Notwithstanding Section 13955, a person shall not be eligible for compensation under the following conditions: (a) 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. (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 [Text truncated for display. Full text available on Congress.gov.]