Victims of crime: restitution: military sexual assault.

Existing law authorizes the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation and Government Claims Board from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of those crimes. Existing law sets forth eligibility requirements and specified limits on the amount of compensation the board may award. Existing law requires the board to deny an application if the board 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. However, existing law specifies that an application for compensation cannot be denied pursuant to that provision solely on the basis of specified behavior by the victim, such as failure to make a police report. This bill would prohibit denial of an application for compensation under the above circumstances with respect to a claim based on sexual assault, as defined, committed by military personnel against military personnel, solely because the sexual assault was not reported to a superior officer or law enforcement at the time of the crime. The bill would set forth types of evidence of sexual assault the board would be required to consider in these cases, for purposes of determining if a claim qualifies for compensation. The bill would require both the perpetrator, as defined, and the victim to be active duty military personnel at the time the sexual assault occurred for these provisions to apply. By expanding the authorization for the use of moneys in the continuously appropriated Restitution Fund, this bill would make an appropriation.