AB 900: Crime victims: the California Victim Compensation Board.

Existing law governs the procedure by which crime victims may obtain compensation from the Restitution Fund, a continuously appropriated fund. Existing law establishes eligibility for compensation when prescribed requirements are met and authorizes the California Victim Compensation Board to grant compensation from the fund for pecuniary loss when the board determines it will best aid the person seeking compensation. Existing law authorizes the board to provide 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 victims or derivative victims injury or the victims death.

Under existing law, as amended by Proposition 35, the Californians Against Sexual Exploitation Act, an initiative measure approved by the voters at the November 6, 2012, statewide general election, a person who deprives or violates another persons personal liberty with the intent to obtain forced labor or services or who deprives or violates another persons personal liberty for the purpose of prostitution or sexual exploitation is guilty of human trafficking, a felony.

This bill would authorize the board to provide compensation equal to loss of income or support that a victim incurs as a direct result of the victims deprivation of liberty during the crime, if the qualifying crime is human trafficking, in an amount not exceeding the value of the victims labor as guaranteed under California law for up to 40 hours per week, as specified. The bill would require the board to adopt guidelines on or before July 1, 2019, that allow the board to rely on evidence other than official employment documentation in considering and approving an application for loss of income or support, including any reliable corroborating information approved by the board. The bill would prohibit compensation for loss of income paid by the board if the qualifying crime is human trafficking from exceeding $10,000 per year that the services were performed, for a maximum of 2 years.

By expanding the authorizations for use of moneys in the Restitution Fund, a continuously appropriated fund, this bill would make an appropriation.

This bill would incorporate additional changes to Section 13957 of the Government Code proposed by AB 1865, AB 1939, and SB 1005 to be operative only if this bill and any or all of those bills are enacted and this bill is enacted last.