AB 1061 California Assembly · 2017-2018 Regular Session

Victim's restitution.

Summary
(1) Existing law provides for the indemnification of victims of crime and commits the administration of these provisions to the California Victim Compensation Board. Existing law authorizes specified parties to apply for compensation, including a derivative victim and authorized representatives. Existing law provides for the payment of victim's compensation from the Restitution Fund and provides that moneys in the fund are continuously appropriated, as specified. This bill would prohibit a suspected perpetrator for the crime for which compensation is sought from being an authorized representative, as described above. (2) Existing law generally requires an application for compensation to be filed within specified time periods, including within 3 years of the date of the crime or 3 years after the victim attains 18 years of age, whichever is later. Existing law permits an application based on specified sex offenses to be filed at any time prior to the victim's 28th birthday. Existing law permits the board to extend these limits for good cause, based on certain considerations. This bill would extend the time for applying for compensation with regard to specified sex offenses by permitting an application to be filed at any time prior to the victim's 40th birthday. The bill would provide an indefinite application period for certain crimes, including rape, as specified. The bill would add preparation for testimony as a condition the board may consider for extending the time for application. (3) Existing law establishes requirements pursuant to which a person will be eligible for compensation. Existing law prescribes, in this regard, the characteristics of derivative victims and establishes when a victim or derivative victim may apply for compensation for emotional injury. This bill would revise provisions relating to types of derivative victims eligible for compensation to acknowledge that a minor victim may have more than one primary care giver, as specified. The bill would expand the number of crimes for which a victim or derivative victim may be granted compensation for emotional injury. By expanding the purposes for which a continuously appropriated fund may be spent, this bill would make an appropriation. (4) Existing law authorizes the board to grant compensation to a person for pecuniary loss relating to specified expenses, including psychiatric and mental health counseling, and prescribes limits on reimbursement for specified services and the circumstances pursuant to which they are received. In this regard, existing law generally distinguishes between victims and derivative victims. This bill, among other things, would broaden the circumstances pursuant to which psychiatric, psychological, and mental health counseling may be reimbursed and its application to derivative victims. The bill would increase limits on amounts that may be reimbursed for residential security, relocating, and cleaning the scene of a crime. The bill would explicitly authorize reimbursement for child care costs and transportation costs under certain circumstances. The bill would authorize the board, in establishing rates and service limitations for medical and medical-related services, and for mental health and counseling services, to consider the extent to which they are related to crimes. The bill would enlarge the authority of the board to compensate adult victims for lost income as a result of specified actions directly related to a qualifying crime. By increasing the purposes and amounts for which a continuously appropriated fund may be spent, this bill would make an appropriation.
Bill status failed 1 of 4 stages cleared
Introduction
Feb 2017
Committee Review
Floor Vote
Governor
Introduced Feb 16, 2017 Last action Feb 1, 2018
Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
10
Key actions
3
Committee
5
Amendments
1
May 26, 2017
Lower · Passed
In committee: Held under submission.
lower
Apr 26, 2017
Committee
In committee: Set, first hearing. Referred to APPR. suspense file.
lower
Mar 29, 2017
Committee
Re-referred to Com. on APPR.
lower
Mar 27, 2017
Lower · Passed
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (March 21).
lower
Mar 6, 2017
Committee
Referred to Com. on PUB. S.
lower
Feb 17, 2017
Lower · Passed
From printer. May be heard in committee March 19.
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
TG
Todd Gloria
DDemocratic
CA
78