SB 1005: Crime victim compensation: relocation expenses: pet costs.
- Session Year: 2017-2018
- House: Senate
- Latest Version Date: 2018-08-31
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, a continuously appropriated fund, for specified losses suffered as a result of those crimes, including a cash payment or reimbursement not to exceed a specified amount to a victim for expenses incurred in relocating, if the expenses are determined by law enforcement to be necessary for the personal safety of the victim or by a mental health treatment provider to be necessary for the emotional well-being of the victim. Existing law requires the board to be named as the recipient of funds upon expiration of the victims rental agreement if a security deposit is required for relocation.
This bill would authorize expenses incurred in relocating as described above to include a pet deposit and additional rent required if the victim has a pet. The bill would also require the board to be named as the recipient of funds upon expiration of the victims rental agreement if a pet deposit is required for relocation. By expanding the authorization for use of continuously appropriated funds, this bill would make an appropriation.
This bill would incorporate additional changes to Section 13957 of the Government Code proposed by AB 900, AB 1865, and AB 1939 to be operative only if this bill and any or all of those bills are enacted and this bill is enacted last.
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, a continuously appropriated fund, for specified losses suffered as a result of those crimes, including a cash payment or reimbursement not to exceed a specified amount to a victim for expenses incurred in relocating, if the expenses are determined by law enforcement to be necessary for the personal safety of the victim or by a mental health treatment provider to be necessary for the emotional well-being of the victim. Existing law requires the board to be named as the recipient of funds upon expiration of the victims rental agreement if a security deposit is required for relocation.
This bill would authorize expenses incurred in relocating as described above to include a pet deposit and additional rent required if the victim has a pet. The bill would also require the board to be named as the recipient of funds upon expiration of the victims rental agreement if a pet deposit is required for relocation. By expanding the authorization for use of continuously appropriated funds, this bill would make an appropriation.
This bill would incorporate additional changes to Section 13957 of the Government Code proposed by AB 900, AB 1865, and AB 1939 to be operative only if this bill and any or all of those bills are enacted and this bill is enacted last.
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, a continuously appropriated fund, for specified losses suffered as a result of those crimes, including a cash payment or reimbursement not to exceed a specified amount to a victim for expenses incurred in relocating, if the expenses are determined by law enforcement to be necessary for the personal safety of the victim or by a mental health treatment provider to be necessary for the emotional well-being of the victim. Existing law requires the board to be named as the recipient of funds upon expiration of the victims rental agreement if a security deposit is required for relocation.
This bill would authorize expenses incurred in relocating as described above to include a pet deposit and additional rent required if the victim has a pet. The bill would also require the board to be named as the recipient of funds upon expiration of the victims rental agreement if a pet deposit is required for relocation. By expanding the authorization for use of continuously appropriated funds, this bill would make an appropriation.
(a)The board may grant for pecuniary loss, when the board determines it will best aid the person seeking compensation, as follows:
(1)Subject to the limitations set forth in Section 13957.2, reimburse the amount of medical or medical-related expenses incurred by the victim for services that were provided by a licensed medical provider, including, but not limited to, eyeglasses, hearing aids, dentures, or any prosthetic device taken, lost, or destroyed during the commission of the crime, or the use of which became necessary as a direct result of the crime.
(2)Subject to the limitations set forth in Section 13957.2, reimburse the amount of outpatient psychiatric, psychological, or other mental health counseling-related expenses incurred by the victim or derivative victim, including peer counseling services provided by a sexual assault services program, as defined by Section 13837 of the Penal Code, and including family psychiatric, psychological, or mental health counseling for the successful treatment of the victim provided to family members of the victim in the presence of the victim, whether or not the family member relationship existed at the time of the crime, that became necessary as a direct result of the crime, subject to the following conditions:
(A)The following persons may be reimbursed for the expense of their outpatient mental health counseling in an amount not to exceed ten thousand dollars ($10,000):
(i)A victim.
(ii)A derivative victim who is the surviving parent, grandparent, sibling, child, grandchild, spouse, fiance, or fiancee of a victim of a crime that directly resulted in the death of the victim.
(iii)A derivative victim, as described in paragraphs (1) to (4), inclusive, of subdivision (c) of Section 13955, who is the primary caretaker of a minor victim whose claim is not denied or reduced pursuant to Section 13956 in a total amount not to exceed ten thousand dollars ($10,000) for not more than two derivative victims.
(B)The following persons may be reimbursed for the expense of their outpatient mental health counseling in an amount not to exceed five thousand dollars ($5,000):
(i)A derivative victim not eligible for reimbursement pursuant to subparagraph (A), provided that mental health counseling of a derivative victim described in paragraph (5) of subdivision (c) of Section 13955, shall be reimbursed only if that counseling is necessary for the treatment of the victim.
(ii)A minor who suffers emotional injury as a direct result of witnessing a violent crime and who is not eligible for reimbursement of the costs of outpatient mental health counseling under any other provision of this chapter. To be eligible for reimbursement under this clause, the minor must have been in close proximity to the victim when he or she witnessed the crime.
(C)The board may reimburse a victim or derivative victim for outpatient mental health counseling in excess of that authorized by subparagraph (A) or (B) or for inpatient psychiatric, psychological, or other mental health counseling if the claim is based on dire or exceptional circumstances that require more extensive treatment, as approved by the board.
(D)Expenses for psychiatric, psychological, or other mental health counseling-related services may be reimbursed only if the services were provided by either of the following individuals:
(i)A person who would have been authorized to provide those services pursuant to former Article 1 (commencing with Section 13959) as it read on January 1, 2002.
(ii)A person who is licensed in California to provide those services, or who is properly supervised by a person who is licensed in California to provide those services, subject to the boards approval and subject to the limitations and restrictions the board may impose.
(3)Subject to the limitations set forth in Section 13957.5, authorize 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. If the victim or derivative victim requests that the board give priority to reimbursement of loss of income or support, the board may not pay medical expenses, or mental health counseling expenses, except upon the request of the victim or derivative victim or after determining that payment of these expenses will not decrease the funds available for payment of loss of income or support.
(4)Authorize a cash payment to or on behalf of the victim for job retraining or similar employment-oriented services.
(5)Reimburse the expense of installing or increasing residential security, not to exceed one thousand dollars ($1,000). Installing or increasing residential security may include, but need not be limited to, both of the following:
(A)Home security device or system.
(B)Replacing or increasing the number of locks.
(6)Reimburse the expense of renovating or retrofitting a victims residence, or the expense of modifying or purchasing a vehicle, to make the residence or the vehicle accessible or operational by a victim upon verification that the expense is medically necessary for a victim who is permanently disabled as a direct result of the crime, whether the disability is partial or total.
(7)(A)Authorize a cash payment or reimbursement not to exceed two thousand dollars ($2,000) to a victim for expenses incurred in relocating, if the expenses are determined by law enforcement to be necessary for the personal safety of the victim or by a mental health treatment provider to be necessary for the emotional well-being of the victim. For purposes of this paragraph, expenses incurred in relocating may include a pet deposit and additional rent required if the victim has a pet.
(B)The cash payment or reimbursement made under this paragraph shall only be awarded to one claimant per crime giving rise to the relocation. The board may authorize more than one relocation per crime if necessary for the personal safety or emotional well-being of the claimant. However, the total cash payment or reimbursement for all relocations due to the same crime shall not exceed two thousand dollars ($2,000). For purposes of this paragraph a claimant is the crime victim, or, if the victim is deceased, a person who resided with the deceased at the time of the crime.
(C)The board may, under compelling circumstances, award a second cash payment or reimbursement to a victim for another crime if both of the following conditions are met:
(i)The crime occurs more than three years from the date of the crime giving rise to the initial relocation cash payment or reimbursement.
(ii)The crime does not involve the same offender.
(D)When a relocation payment or reimbursement is provided to a victim of sexual assault or domestic violence and the identity of the offender is known to the victim, the victim shall agree not to inform the offender of the location of the victims new residence and not to allow the offender on the premises at any time, or shall agree to seek a restraining order against the offender. A victim may be required to repay the relocation payment or reimbursement to the board if he or she violates the terms set forth in this paragraph.
(E)Notwithstanding subparagraphs (A) and (B), the board may increase the cash payment or reimbursement for expenses incurred in relocating to an amount greater than two thousand dollars ($2,000), if the board finds this amount is appropriate due to the unusual, dire, or exceptional circumstances of a particular claim.
(F)If a security deposit or pet deposit, or both, is required for relocation, the board shall be named as the recipient and receive the funds upon expiration of the victims rental agreement.
(8)When a victim dies as a result of a crime, the board may reimburse an individual who voluntarily, and without anticipation of personal gain, pays or assumes the obligation to pay any of the following expenses:
(A)The medical expenses incurred as a direct result of the crime in an amount not to exceed the rates or limitations established by the board.
(B)The funeral and burial expenses incurred as a direct result of the crime, not to exceed seven thousand five hundred dollars ($7,500). The board shall not create or comply with a regulation or policy that mandates a lower maximum potential amount of an award pursuant to this subparagraph for less than seven thousand five hundred dollars ($7,500).
(9)When the crime occurs in a residence or inside a vehicle, the board may reimburse an individual who voluntarily, and without anticipation of personal gain, pays or assumes the obligation to pay the reasonable costs to clean the scene of the crime in an amount not to exceed one thousand dollars ($1,000). Services reimbursed pursuant to this subdivision shall be performed by persons registered with the State Department of Public Health as trauma scene waste practitioners in accordance with Chapter 9.5 (commencing with Section 118321) of Part 14 of Division 104 of the Health and Safety Code.
(10)When the crime is a violation of Section 600.2 or 600.5 of the Penal Code, the board may reimburse the expense of veterinary services, replacement costs, or other reasonable expenses, as ordered by the court pursuant to Section 600.2 or 600.5 of the Penal Code, in an amount not to exceed ten thousand dollars ($10,000).
(11)An award of compensation pursuant to paragraph (5) of subdivision (f) of Section 13955 shall be limited to compensation to provide mental health counseling and shall not limit the eligibility of a victim for an award that he or she may be otherwise entitled to receive under this part. A derivative victim shall not be eligible for compensation under this provision.
(b)The total award to or on behalf of each victim or derivative victim may not exceed thirty-five thousand dollars ($35,000), except that this award may be increased to an amount not exceeding seventy thousand dollars ($70,000) if federal funds for that increase are available.
SEC. 1.1.Section 13957 of the Government Code is amended to read:13957.(a)The board may grant for pecuniary loss, when the board determines it will best aid the person seeking compensation, as follows:
(1)Subject to the limitations set forth in Section 13957.2, reimburse the amount of medical or medical-related expenses incurred by the victim for services that were provided by a licensed medical provider, including, but not limited to, eyeglasses, hearing aids, dentures, or any prosthetic device taken, lost, or destroyed during the commission of the crime, or the use of which became necessary as a direct result of the crime.
(2)Subject to the limitations set forth in Section 13957.2, reimburse the amount of outpatient psychiatric, psychological, or other mental health counseling-related expenses incurred by the victim or derivative victim, including peer counseling services provided by a sexual assault services program, as defined by Section 13837 of the Penal Code, and including family psychiatric, psychological, or mental health counseling for the successful treatment of the victim provided to family members of the victim in the presence of the victim, whether or not the family member relationship existed at the time of the crime, that became necessary as a direct result of the crime, subject to the following conditions:
(A)The following persons may be reimbursed for the expense of their outpatient mental health counseling in an amount not to exceed ten thousand dollars ($10,000):
(i)A victim.
(ii)A derivative victim who is the surviving parent, grandparent, sibling, child, grandchild, spouse, fiance, or fiancee of a victim of a crime that directly resulted in the death of the victim.
(iii)A derivative victim, as described in paragraphs (1) to (4), inclusive, of subdivision (c) of Section 13955, who is the primary caretaker of a minor victim whose claim is not denied or reduced pursuant to Section 13956 in a total amount not to exceed ten thousand dollars ($10,000) for not more than two derivative victims.
(B)The following persons may be reimbursed for the expense of their outpatient mental health counseling in an amount not to exceed five thousand dollars ($5,000):
(i)A derivative victim not eligible for reimbursement pursuant to subparagraph (A), provided that mental health counseling of a derivative victim described in paragraph (5) of subdivision (c) of Section 13955, shall be reimbursed only if that counseling is necessary for the treatment of the victim.
(ii)A minor who suffers emotional injury as a direct result of witnessing a violent crime and who is not eligible for reimbursement of the costs of outpatient mental health counseling under any other provision of this chapter. To be eligible for reimbursement under this clause, the minor must have been in close proximity to the victim when he or she witnessed the crime.
(C)The board may reimburse a victim or derivative victim for outpatient mental health counseling in excess of that authorized by subparagraph (A) or (B) or for inpatient psychiatric, psychological, or other mental health counseling if the claim is based on dire or exceptional circumstances that require more extensive treatment, as approved by the board.
(D)Expenses for psychiatric, psychological, or other mental health counseling-related services may be reimbursed only if the services were provided by either of the following individuals:
(i)A person who would have been authorized to provide those services pursuant to former Article 1 (commencing with Section 13959) as it read on January 1, 2002.
(ii)A person who is licensed in California to provide those services, or who is properly supervised by a person who is licensed in California to provide those services, subject to the boards approval and subject to the limitations and restrictions the board may impose.
(3)Subject to the limitations set forth in Section 13957.5, authorize 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. If the qualifying crime is a violation of Section 236.1 of the Penal Code, the board may authorize 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, but not exceeding the amount set forth in Section 13957.5. If the victim or derivative victim requests that the board give priority to reimbursement of loss of income or support, the board may not pay medical expenses, or mental health counseling expenses, except upon the request of the victim or derivative victim or after determining that payment of these expenses will not decrease the funds available for payment of loss of income or support.
(4)Authorize a cash payment to or on behalf of the victim for job retraining or similar employment-oriented services.
(5)Reimburse the expense of installing or increasing residential security, not to exceed one thousand dollars ($1,000). Installing or increasing residential security may include, but need not be limited to, both of the following:
(A)Home security device or system.
(B)Replacing or increasing the number of locks.
(6)Reimburse the expense of renovating or retrofitting a victims residence, or the expense of modifying or purchasing a vehicle, to make the residence or the vehicle accessible or operational by a victim upon verification that the expense is medically necessary for a victim who is permanently disabled as a direct result of the crime, whether the disability is partial or total.
(7)(A)Authorize a cash payment or reimbursement not to exceed two thousand dollars ($2,000) to a victim for expenses incurred in relocating, if the expenses are determined by law enforcement to be necessary for the personal safety of the victim or by a mental health treatment provider to be necessary for the emotional well-being of the victim. For purposes of this paragraph, expenses incurred in relocating may include a pet deposit and additional rent required if the victim has a pet.
(B)The cash payment or reimbursement made under this paragraph shall only be awarded to one claimant per crime giving rise to the relocation. The board may authorize more than one relocation per crime if necessary for the personal safety or emotional well-being of the claimant. However, the total cash payment or reimbursement for all relocations due to the same crime shall not exceed two thousand dollars ($2,000). For purposes of this paragraph, a claimant is the crime victim, or, if the victim is deceased, a person who resided with the deceased at the time of the crime.
(C)The board may, under compelling circumstances, award a second cash payment or reimbursement to a victim for another crime if both of the following conditions are met:
(i)The crime occurs more than three years from the date of the crime giving rise to the initial relocation cash payment or reimbursement.
(ii)The crime does not involve the same offender.
(D)When a relocation payment or reimbursement is provided to a victim of sexual assault or domestic violence and the identity of the offender is known to the victim, the victim shall agree not to inform the offender of the location of the victims new residence and not to allow the offender on the premises at any time, or shall agree to seek a restraining order against the offender. A victim may be required to repay the relocation payment or reimbursement to the board if he or she violates the terms set forth in this paragraph.
(E)Notwithstanding subparagraphs (A) and (B), the board may increase the cash payment or reimbursement for expenses incurred in relocating to an amount greater than two thousand dollars ($2,000), if the board finds this amount is appropriate due to the unusual, dire, or exceptional circumstances of a particular claim.
(F)If a security deposit or pet deposit, or both, is required for relocation, the board shall be named as the recipient and receive the funds upon expiration of the victims rental agreement.
(8)When a victim dies as a result of a crime, the board may reimburse an individual who voluntarily, and without anticipation of personal gain, pays or assumes the obligation to pay any of the following expenses:
(A)The medical expenses incurred as a direct result of the crime in an amount not to exceed the rates or limitations established by the board.
(B)The funeral and burial expenses incurred as a direct result of the crime, not to exceed seven thousand five hundred dollars ($7,500). The board shall not create or comply with a regulation or policy that mandates a lower maximum potential amount of an award pursuant to this subparagraph for less than seven thousand five hundred dollars ($7,500).
(9)When the crime occurs in a residence or inside a vehicle, the board may reimburse an individual who voluntarily, and without anticipation of personal gain, pays or assumes the obligation to pay the reasonable costs to clean the scene of the crime in an amount not to exceed one thousand dollars ($1,000). Services reimbursed pursuant to this subdivision shall be performed by persons registered with the State Department of Public Health as trauma scene waste practitioners in accordance with Chapter 9.5 (commencing with Section 118321) of Part 14 of Division 104 of the Health and Safety Code.
(10)When the crime is a violation of Section 600.2 or 600.5 of the Penal Code, the board may reimburse the expense of veterinary services, replacement costs, or other reasonable expenses, as ordered by the court pursuant to Section 600.2 or 600.5 of the Penal Code, in an amount not to exceed ten thousand dollars ($10,000).
(11)An award of compensation pursuant to paragraph (5) of subdivision (f) of Section 13955 shall be limited to compensation to provide mental health counseling and shall not limit the eligibility of a victim for an award that he or she may be otherwise entitled to receive under this part. A derivative victim shall not be eligible for compensation under this provision.
(b)The total award to or on behalf of each victim or derivative victim may not exceed thirty-five thousand dollars ($35,000), except that this award may be increased to an amount not exceeding seventy thousand dollars ($70,000) if federal funds for that increase are available.
SEC. 1.2.Section 13957 of the Government Code is amended to read:13957.(a)The board may grant for pecuniary loss, when the board determines it will best aid the person seeking compensation, as follows:
(1)Subject to the limitations set forth in Section 13957.2, reimburse the amount of medical or medical-related expenses incurred by the victim for services that were provided by a licensed medical provider, including, but not limited to, eyeglasses, hearing aids, dentures, or any prosthetic device taken, lost, or destroyed during the commission of the crime, or the use of which became necessary as a direct result of the crime.
(2)Subject to the limitations set forth in Section 13957.2, reimburse the amount of outpatient psychiatric, psychological, or other mental health counseling-related expenses incurred by the victim or derivative victim, including peer counseling services provided by a sexual assault services program, as defined by Section 13837 of the Penal Code, and including family psychiatric, psychological, or mental health counseling for the successful treatment of the victim provided to family members of the victim in the presence of the victim, whether or not the family member relationship existed at the time of the crime, that became necessary as a direct result of the crime, subject to the following conditions:
(A)The following persons may be reimbursed for the expense of their outpatient mental health counseling in an amount not to exceed ten thousand dollars ($10,000):
(i)A victim.
(ii)A derivative victim who is the surviving parent, grandparent, sibling, child, grandchild, spouse, fiance, or fiancee of a victim of a crime that directly resulted in the death of the victim.
(iii)A derivative victim, as described in paragraphs (1) to (4), inclusive, of subdivision (c) of Section 13955, who is the primary caretaker of a minor victim whose claim is not denied or reduced pursuant to Section 13956 in a total amount not to exceed ten thousand dollars ($10,000) for not more than two derivative victims.
(B)The following persons may be reimbursed for the expense of their outpatient mental health counseling in an amount not to exceed five thousand dollars ($5,000):
(i)A derivative victim not eligible for reimbursement pursuant to subparagraph (A), provided that mental health counseling of a derivative victim described in paragraph (5) of subdivision (c) of Section 13955, shall be reimbursed only if that counseling is necessary for the treatment of the victim.
(ii)A minor who suffers emotional injury as a direct result of witnessing a violent crime and who is not eligible for reimbursement of the costs of outpatient mental health counseling under any other provision of this chapter. To be eligible for reimbursement under this clause, the minor must have been in close proximity to the victim when he or she witnessed the crime.
(C)The board may reimburse a victim or derivative victim for outpatient mental health counseling in excess of that authorized by subparagraph (A) or (B) or for inpatient psychiatric, psychological, or other mental health counseling if the claim is based on dire or exceptional circumstances that require more extensive treatment, as approved by the board.
(D)Expenses for psychiatric, psychological, or other mental health counseling-related services may be reimbursed only if the services were provided by either of the following individuals:
(i)A person who would have been authorized to provide those services pursuant to former Article 1 (commencing with Section 13959) as it read on January 1, 2002.
(ii)A person who is licensed in California to provide those services, or who is properly supervised by a person who is licensed in California to provide those services, subject to the boards approval and subject to the limitations and restrictions the board may impose.
(3)Subject to the limitations set forth in Section 13957.5, authorize 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. If the victim or derivative victim requests that the board give priority to reimbursement of loss of income or support, the board may not pay medical expenses, or mental health counseling expenses, except upon the request of the victim or derivative victim or after determining that payment of these expenses will not decrease the funds available for payment of loss of income or support.
(4)Authorize a cash payment to or on behalf of the victim for job retraining or similar employment-oriented services.
(5)Reimburse the expense of installing or increasing residential security, not to exceed one thousand dollars ($1,000). Installing or increasing residential security may include, but need not be limited to, both of the following:
(A)Home security device or system.
(B)Replacing or increasing the number of locks.
(6)Reimburse the expense of renovating or retrofitting a victims residence, or the expense of modifying or purchasing a vehicle, to make the residence or the vehicle accessible or operational by a victim upon verification that the expense is medically necessary for a victim who is permanently disabled as a direct result of the crime, whether the disability is partial or total.
(7)(A)Authorize a cash payment or reimbursement not to exceed two thousand dollars ($2,000) to a victim for expenses incurred in relocating, if the expenses are determined by law enforcement to be necessary for the personal safety of the victim or by a mental health treatment provider to be necessary for the emotional well-being of the victim. For purposes of this paragraph, expenses incurred in relocating may include a pet deposit and additional rent required if the victim has a pet.
(B)The cash payment or reimbursement made under this paragraph shall only be awarded to one claimant per crime giving rise to the relocation. The board may authorize more than one relocation per crime if necessary for the personal safety or emotional well-being of the claimant. However, the total cash payment or reimbursement for all relocations due to the same crime shall not exceed two thousand dollars ($2,000). For purposes of this paragraph a claimant is the crime victim, or, if the victim is deceased, a person who resided with the deceased at the time of the crime.
(C)The board may, under compelling circumstances, award a second cash payment or reimbursement to a victim for another crime if both of the following conditions are met:
(i)The crime occurs more than three years from the date of the crime giving rise to the initial relocation cash payment or reimbursement.
(ii)The crime does not involve the same offender.
(D)When a relocation payment or reimbursement is provided to a victim of sexual assault or domestic violence and the identity of the offender is known to the victim, the victim shall agree not to inform the offender of the location of the victims new residence and not to allow the offender on the premises at any time, or shall agree to seek a restraining order against the offender. A victim may be required to repay the relocation payment or reimbursement to the board if he or she violates the terms set forth in this paragraph.
(E)Notwithstanding subparagraphs (A) and (B), the board may increase the cash payment or reimbursement for expenses incurred in relocating to an amount greater than two thousand dollars ($2,000), if the board finds this amount is appropriate due to the unusual, dire, or exceptional circumstances of a particular claim.
(F)If a security deposit or pet deposit, or both, is required for relocation, the board shall be named as the recipient and receive the funds upon expiration of the victims rental agreement.
(8)When a victim dies as a result of a crime, the board may reimburse an individual who voluntarily, and without anticipation of personal gain, pays or assumes the obligation to pay any of the following expenses:
(A)The medical expenses incurred as a direct result of the crime in an amount not to exceed the rates or limitations established by the board.
(B)The funeral and burial expenses incurred as a direct result of the crime, not to exceed seven thousand five hundred dollars ($7,500). The board shall not create or comply with a regulation or policy that mandates a lower maximum potential amount of an award pursuant to this subparagraph for less than seven thousand five hundred dollars ($7,500).
(9)When the crime occurs in a residence or inside a vehicle, the board may reimburse an individual who voluntarily, and without anticipation of personal gain, pays or assumes the obligation to pay the reasonable costs to clean the scene of the crime in an amount not to exceed one thousand dollars ($1,000). Services reimbursed pursuant to this subdivision shall be performed by persons registered with the State Department of Public Health as trauma scene waste practitioners in accordance with Chapter 9.5 (commencing with Section 118321) of Part 14 of Division 104 of the Health and Safety Code.
(10)When the crime is a violation of Section 600.2 or 600.5 of the Penal Code, the board may reimburse the expense of veterinary services, replacement costs, medical or medical-related expenses of, and loss of wages or income incurred by, the disabled person, or other reasonable expenses, as ordered by the court pursuant to Section 600.2 or 600.5 of the Penal Code, in an amount not to exceed ten thousand dollars ($10,000).
(11)An award of compensation pursuant to paragraph (5) of subdivision (f) of Section 13955 shall be limited to compensation to provide mental health counseling and shall not limit the eligibility of a victim for an award that he or she may be otherwise entitled to receive under this part. A derivative victim shall not be eligible for compensation under this provision.
(b)The total award to or on behalf of each victim or derivative victim may not exceed thirty-five thousand dollars ($35,000), except that this award may be increased to an amount not exceeding seventy thousand dollars ($70,000) if federal funds for that increase are available.
SEC. 1.3.Section 13957 of the Government Code is amended to read:13957.(a)The board may grant for pecuniary loss, when the board determines it will best aid the person seeking compensation, as follows:
(1)Subject to the limitations set forth in Section 13957.2, reimburse the amount of medical or medical-related expenses incurred by the victim for services that were provided by a licensed medical provider, including, but not limited to, eyeglasses, hearing aids, dentures, or any prosthetic device taken, lost, or destroyed during the commission of the crime, or the use of which became necessary as a direct result of the crime.
(2)Subject to the limitations set forth in Section 13957.2, reimburse the amount of outpatient psychiatric, psychological, or other mental health counseling-related expenses incurred by the victim or derivative victim, including peer counseling services provided by a sexual assault services program, as defined by Section 13837 of the Penal Code, and including family psychiatric, psychological, or mental health counseling for the successful treatment of the victim provided to family members of the victim in the presence of the victim, whether or not the family member relationship existed at the time of the crime, that became necessary as a direct result of the crime, subject to the following conditions:
(A)The following persons may be reimbursed for the expense of their outpatient mental health counseling in an amount not to exceed ten thousand dollars ($10,000):
(i)A victim.
(ii)A derivative victim who is the surviving parent, grandparent, sibling, child, grandchild, spouse, fiance, or fiancee of a victim of a crime that directly resulted in the death of the victim.
(iii)A derivative victim, as described in paragraphs (1) to (4), inclusive, of subdivision (c) of Section 13955, who is the primary caretaker of a minor victim whose claim is not denied or reduced pursuant to Section 13956 in a total amount not to exceed ten thousand dollars ($10,000) for not more than two derivative victims.
(B)The following persons may be reimbursed for the expense of their outpatient mental health counseling in an amount not to exceed five thousand dollars ($5,000):
(i)A derivative victim not eligible for reimbursement pursuant to subparagraph (A), provided that mental health counseling of a derivative victim described in paragraph (5) of subdivision (c) of Section 13955, shall be reimbursed only if that counseling is necessary for the treatment of the victim.
(ii)A minor who suffers emotional injury as a direct result of witnessing a violent crime and who is not eligible for reimbursement of the costs of outpatient mental health counseling under any other provision of this chapter. To be eligible for reimbursement under this clause, the minor must have been in close proximity to the victim when he or she witnessed the crime.
(C)The board may reimburse a victim or derivative victim for outpatient mental health counseling in excess of that authorized by subparagraph (A) or (B) or for inpatient psychiatric, psychological, or other mental health counseling if the claim is based on dire or exceptional circumstances that require more extensive treatment, as approved by the board.
(D)Expenses for psychiatric, psychological, or other mental health counseling-related services may be reimbursed only if the services were provided by either of the following individuals:
(i)A person who would have been authorized to provide those services pursuant to former Article 1 (commencing with Section 13959) as it read on January 1, 2002.
(ii)A person who is licensed in California to provide those services, or who is properly supervised by a person who is licensed in California to provide those services, subject to the boards approval and subject to the limitations and restrictions the board may impose.
(3)Subject to the limitations set forth in Section 13957.5, authorize 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. If the victim or derivative victim requests that the board give priority to reimbursement of loss of income or support, the board may not pay medical expenses, or mental health counseling expenses, except upon the request of the victim or derivative victim or after determining that payment of these expenses will not decrease the funds available for payment of loss of income or support.
(4)Authorize a cash payment to or on behalf of the victim for job retraining or similar employment-oriented services.
(5)Reimburse the expense of installing or increasing residential security, not to exceed one thousand dollars ($1,000). Installing or increasing residential security may include, but need not be limited to, both of the following:
(A)Home security device or system.
(B)Replacing or increasing the number of locks.
(6)Reimburse the expense of renovating or retrofitting a victims residence, or the expense of modifying or purchasing a vehicle, to make the residence or the vehicle accessible or operational by a victim upon verification that the expense is medically necessary for a victim who is permanently disabled as a direct result of the crime, whether the disability is partial or total.
(7)(A)Authorize a cash payment or reimbursement not to exceed two thousand dollars ($2,000) to a victim for expenses incurred in relocating, if the expenses are determined by law enforcement to be necessary for the personal safety of the victim or by a mental health treatment provider to be necessary for the emotional well-being of the victim. For purposes of this paragraph, expenses incurred in relocating may include the costs of temporary housing for pets of the victim, limited to three days of pet boarding at a maximum cost of forty dollars ($40) per day for all of the victims pets, and may include a pet deposit and additional rent required if the victim has a pet.
(B)The cash payment or reimbursement made under this paragraph shall only be awarded to one claimant per crime giving rise to the relocation. The board may authorize more than one relocation per crime if necessary for the personal safety or emotional well-being of the claimant. However, the total cash payment or reimbursement for all relocations due to the same crime shall not exceed two thousand dollars ($2,000). For purposes of this paragraph a claimant is the crime victim, or, if the victim is deceased, a person who resided with the deceased at the time of the crime.
(C)The board may, under compelling circumstances, award a second cash payment or reimbursement to a victim for another crime if both of the following conditions are met:
(i)The crime occurs more than three years from the date of the crime giving rise to the initial relocation cash payment or reimbursement.
(ii)The crime does not involve the same offender.
(D)When a relocation payment or reimbursement is provided to a victim of sexual assault or domestic violence and the identity of the offender is known to the victim, the victim shall agree not to inform the offender of the location of the victims new residence and not to allow the offender on the premises at any time, or shall agree to seek a restraining order against the offender. A victim may be required to repay the relocation payment or reimbursement to the board if he or she violates the terms set forth in this paragraph.
(E)Notwithstanding subparagraphs (A) and (B), the board may increase the cash payment or reimbursement for expenses incurred in relocating to an amount greater than two thousand dollars ($2,000), if the board finds this amount is appropriate due to the unusual, dire, or exceptional circumstances of a particular claim.
(F)If a security deposit or pet deposit, or both, is required for relocation, the board shall be named as the recipient and receive the funds upon expiration of the victims rental agreement.
(8)When a victim dies as a result of a crime, the board may reimburse an individual who voluntarily, and without anticipation of personal gain, pays or assumes the obligation to pay any of the following expenses:
(A)The medical expenses incurred as a direct result of the crime in an amount not to exceed the rates or limitations established by the board.
(B)The funeral and burial expenses incurred as a direct result of the crime, not to exceed seven thousand five hundred dollars ($7,500). The board shall not create or comply with a regulation or policy that mandates a lower maximum potential amount of an award pursuant to this subparagraph for less than seven thousand five hundred dollars ($7,500).
(9)When the crime occurs in a residence or inside a vehicle, the board may reimburse an individual who voluntarily, and without anticipation of personal gain, pays or assumes the obligation to pay the reasonable costs to clean the scene of the crime in an amount not to exceed one thousand dollars ($1,000). Services reimbursed pursuant to this subdivision shall be performed by persons registered with the State Department of Public Health as trauma scene waste practitioners in accordance with Chapter 9.5 (commencing with Section 118321) of Part 14 of Division 104 of the Health and Safety Code.
(10)When the crime is a violation of Section 600.2 or 600.5 of the Penal Code, the board may reimburse the expense of veterinary services, replacement costs, or other reasonable expenses, as ordered by the court pursuant to Section 600.2 or 600.5 of the Penal Code, in an amount not to exceed ten thousand dollars ($10,000).
(11)An award of compensation pursuant to paragraph (5) of subdivision (f) of Section 13955 shall be limited to compensation to provide mental health counseling and shall not limit the eligibility of a victim for an award that he or she may be otherwise entitled to receive under this part. A derivative victim shall not be eligible for compensation under this provision.
(b)The total award to or on behalf of each victim or derivative victim may not exceed thirty-five thousand dollars ($35,000), except that this award may be increased to an amount not exceeding seventy thousand dollars ($70,000) if federal funds for that increase are available.
SEC. 1.4.Section 13957 of the Government Code is amended to read:13957.(a)The board may grant for pecuniary loss, when the board determines it will best aid the person seeking compensation, as follows:
(1)Subject to the limitations set forth in Section 13957.2, reimburse the amount of medical or medical-related expenses incurred by the victim for services that were provided by a licensed medical provider, including, but not limited to, eyeglasses, hearing aids, dentures, or any prosthetic device taken, lost, or destroyed during the commission of the crime, or the use of which became necessary as a direct result of the crime.
(2)Subject to the limitations set forth in Section 13957.2, reimburse the amount of outpatient psychiatric, psychological, or other mental health counseling-related expenses incurred by the victim or derivative victim, including peer counseling services provided by a sexual assault services program, as defined by Section 13837 of the Penal Code, and including family psychiatric, psychological, or mental health counseling for the successful treatment of the victim provided to family members of the victim in the presence of the victim, whether or not the family member relationship existed at the time of the crime, that became necessary as a direct result of the crime, subject to the following conditions:
(A)The following persons may be reimbursed for the expense of their outpatient mental health counseling in an amount not to exceed ten thousand dollars ($10,000):
(i)A victim.
(ii)A derivative victim who is the surviving parent, grandparent, sibling, child, grandchild, spouse, fiance, or fiancee of a victim of a crime that directly resulted in the death of the victim.
(iii)A derivative victim, as described in paragraphs (1) to (4), inclusive, of subdivision (c) of Section 13955, who is the primary caretaker of a minor victim whose claim is not denied or reduced pursuant to Section 13956 in a total amount not to exceed ten thousand dollars ($10,000) for not more than two derivative victims.
(B)The following persons may be reimbursed for the expense of their outpatient mental health counseling in an amount not to exceed five thousand dollars ($5,000):
(i)A derivative victim not eligible for reimbursement pursuant to subparagraph (A), provided that mental health counseling of a derivative victim described in paragraph (5) of subdivision (c) of Section 13955, shall be reimbursed only if that counseling is necessary for the treatment of the victim.
(ii)A minor who suffers emotional injury as a direct result of witnessing a violent crime and who is not eligible for reimbursement of the costs of outpatient mental health counseling under any other provision of this chapter. To be eligible for reimbursement under this clause, the minor must have been in close proximity to the victim when he or she witnessed the crime.
(C)The board may reimburse a victim or derivative victim for outpatient mental health counseling in excess of that authorized by subparagraph (A) or (B) or for inpatient psychiatric, psychological, or other mental health counseling if the claim is based on dire or exceptional circumstances that require more extensive treatment, as approved by the board.
(D)Expenses for psychiatric, psychological, or other mental health counseling-related services may be reimbursed only if the services were provided by either of the following individuals:
(i)A person who would have been authorized to provide those services pursuant to former Article 1 (commencing with Section 13959) as it read on January 1, 2002.
(ii)A person who is licensed in California to provide those services, or who is properly supervised by a person who is licensed in California to provide those services, subject to the boards approval and subject to the limitations and restrictions the board may impose.
(3)Subject to the limitations set forth in Section 13957.5, authorize 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. If the qualifying crime is a violation of Section 236.1 of the Penal Code, the board may authorize 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, but not exceeding the amount set forth in Section 13957.5. If the victim or derivative victim requests that the board give priority to reimbursement of loss of income or support, the board may not pay medical expenses, or mental health counseling expenses, except upon the request of the victim or derivative victim or after determining that payment of these expenses will not decrease the funds available for payment of loss of income or support.
(4)Authorize a cash payment to or on behalf of the victim for job retraining or similar employment-oriented services.
(5)Reimburse the expense of installing or increasing residential security, not to exceed one thousand dollars ($1,000). Installing or increasing residential security may include, but need not be limited to, both of the following:
(A)Home security device or system.
(B)Replacing or increasing the number of locks.
(6)Reimburse the expense of renovating or retrofitting a victims residence, or the expense of modifying or purchasing a vehicle, to make the residence or the vehicle accessible or operational by a victim upon verification that the expense is medically necessary for a victim who is permanently disabled as a direct result of the crime, whether the disability is partial or total.
(7)(A)Authorize a cash payment or reimbursement not to exceed two thousand dollars ($2,000) to a victim for expenses incurred in relocating, if the expenses are determined by law enforcement to be necessary for the personal safety of the victim or by a mental health treatment provider to be necessary for the emotional well-being of the victim. For purposes of this paragraph, expenses incurred in relocating may include a pet deposit and additional rent required if the victim has a pet.
(B)The cash payment or reimbursement made under this paragraph shall only be awarded to one claimant per crime giving rise to the relocation. The board may authorize more than one relocation per crime if necessary for the personal safety or emotional well-being of the claimant. However, the total cash payment or reimbursement for all relocations due to the same crime shall not exceed two thousand dollars ($2,000). For purposes of this paragraph, a claimant is the crime victim, or, if the victim is deceased, a person who resided with the deceased at the time of the crime.
(C)The board may, under compelling circumstances, award a second cash payment or reimbursement to a victim for another crime if both of the following conditions are met:
(i)The crime occurs more than three years from the date of the crime giving rise to the initial relocation cash payment or reimbursement.
(ii)The crime does not involve the same offender.
(D)When a relocation payment or reimbursement is provided to a victim of sexual assault or domestic violence and the identity of the offender is known to the victim, the victim shall agree not to inform the offender of the location of the victims new residence and not to allow the offender on the premises at any time, or shall agree to seek a restraining order against the offender. A victim may be required to repay the relocation payment or reimbursement to the board if he or she violates the terms set forth in this paragraph.
(E)Notwithstanding subparagraphs (A) and (B), the board may increase the cash payment or reimbursement for expenses incurred in relocating to an amount greater than two thousand dollars ($2,000), if the board finds this amount is appropriate due to the unusual, dire, or exceptional circumstances of a particular claim.
(F)If a security deposit or pet deposit, or both, is required for relocation, the board shall be named as the recipient and receive the funds upon expiration of the victims rental agreement.
(8)When a victim dies as a result of a crime, the board may reimburse an individual who voluntarily, and without anticipation of personal gain, pays or assumes the obligation to pay any of the following expenses:
(A)The medical expenses incurred as a direct result of the crime in an amount not to exceed the rates or limitations established by the board.
(B)The funeral and burial expenses incurred as a direct result of the crime, not to exceed seven thousand five hundred dollars ($7,500). The board shall not create or comply with a regulation or policy that mandates a lower maximum potential amount of an award pursuant to this subparagraph for less than seven thousand five hundred dollars ($7,500).
(9)When the crime occurs in a residence or inside a vehicle, the board may reimburse an individual who voluntarily, and without anticipation of personal gain, pays or assumes the obligation to pay the reasonable costs to clean the scene of the crime in an amount not to exceed one thousand dollars ($1,000). Services reimbursed pursuant to this subdivision shall be performed by persons registered with the State Department of Public Health as trauma scene waste practitioners in accordance with Chapter 9.5 (commencing with Section 118321) of Part 14 of Division 104 of the Health and Safety Code.
(10)When the crime is a violation of Section 600.2 or 600.5 of the Penal Code, the board may reimburse the expense of veterinary services, replacement costs, medical or medical-related expenses of, and loss of wages or income incurred by, the disabled person, or other reasonable expenses, as ordered by the court pursuant to Section 600.2 or 600.5 of the Penal Code, in an amount not to exceed ten thousand dollars ($10,000).
(11)An award of compensation pursuant to paragraph (5) of subdivision (f) of Section 13955 shall be limited to compensation to provide mental health counseling and shall not limit the eligibility of a victim for an award that he or she may be otherwise entitled to receive under this part. A derivative victim shall not be eligible for compensation under this provision.
(b)The total award to or on behalf of each victim or derivative victim may not exceed thirty-five thousand dollars ($35,000), except that this award may be increased to an amount not exceeding seventy thousand dollars ($70,000) if federal funds for that increase are available.
SEC. 1.5.Section 13957 of the Government Code is amended to read:13957.(a)The board may grant for pecuniary loss, when the board determines it will best aid the person seeking compensation, as follows:
(1)Subject to the limitations set forth in Section 13957.2, reimburse the amount of medical or medical-related expenses incurred by the victim for services that were provided by a licensed medical provider, including, but not limited to, eyeglasses, hearing aids, dentures, or any prosthetic device taken, lost, or destroyed during the commission of the crime, or the use of which became necessary as a direct result of the crime.
(2)Subject to the limitations set forth in Section 13957.2, reimburse the amount of outpatient psychiatric, psychological, or other mental health counseling-related expenses incurred by the victim or derivative victim, including peer counseling services provided by a sexual assault services program, as defined by Section 13837 of the Penal Code, and including family psychiatric, psychological, or mental health counseling for the successful treatment of the victim provided to family members of the victim in the presence of the victim, whether or not the family member relationship existed at the time of the crime, that became necessary as a direct result of the crime, subject to the following conditions:
(A)The following persons may be reimbursed for the expense of their outpatient mental health counseling in an amount not to exceed ten thousand dollars ($10,000):
(i)A victim.
(ii)A derivative victim who is the surviving parent, grandparent, sibling, child, grandchild, spouse, fiance, or fiancee of a victim of a crime that directly resulted in the death of the victim.
(iii)A derivative victim, as described in paragraphs (1) to (4), inclusive, of subdivision (c) of Section 13955, who is the primary caretaker of a minor victim whose claim is not denied or reduced pursuant to Section 13956 in a total amount not to exceed ten thousand dollars ($10,000) for not more than two derivative victims.
(B)The following persons may be reimbursed for the expense of their outpatient mental health counseling in an amount not to exceed five thousand dollars ($5,000):
(i)A derivative victim not eligible for reimbursement pursuant to subparagraph (A), provided that mental health counseling of a derivative victim described in paragraph (5) of subdivision (c) of Section 13955, shall be reimbursed only if that counseling is necessary for the treatment of the victim.
(ii)A minor who suffers emotional injury as a direct result of witnessing a violent crime and who is not eligible for reimbursement of the costs of outpatient mental health counseling under any other provision of this chapter. To be eligible for reimbursement under this clause, the minor must have been in close proximity to the victim when he or she witnessed the crime.
(C)The board may reimburse a victim or derivative victim for outpatient mental health counseling in excess of that authorized by subparagraph (A) or (B) or for inpatient psychiatric, psychological, or other mental health counseling if the claim is based on dire or exceptional circumstances that require more extensive treatment, as approved by the board.
(D)Expenses for psychiatric, psychological, or other mental health counseling-related services may be reimbursed only if the services were provided by either of the following individuals:
(i)A person who would have been authorized to provide those services pursuant to former Article 1 (commencing with Section 13959) as it read on January 1, 2002.
(ii)A person who is licensed in California to provide those services, or who is properly supervised by a person who is licensed in California to provide those services, subject to the boards approval and subject to the limitations and restrictions the board may impose.
(3)Subject to the limitations set forth in Section 13957.5, authorize 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. If the qualifying crime is a violation of Section 236.1 of the Penal Code, the board may authorize 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, but not exceeding the amount set forth in Section 13957.5. If the victim or derivative victim requests that the board give priority to reimbursement of loss of income or support, the board may not pay medical expenses, or mental health counseling expenses, except upon the request of the victim or derivative victim or after determining that payment of these expenses will not decrease the funds available for payment of loss of income or support.
(4)Authorize a cash payment to or on behalf of the victim for job retraining or similar employment-oriented services.
(5)Reimburse the expense of installing or increasing residential security, not to exceed one thousand dollars ($1,000). Installing or increasing residential security may include, but need not be limited to, both of the following:
(A)Home security device or system.
(B)Replacing or increasing the number of locks.
(6)Reimburse the expense of renovating or retrofitting a victims residence, or the expense of modifying or purchasing a vehicle, to make the residence or the vehicle accessible or operational by a victim upon verification that the expense is medically necessary for a victim who is permanently disabled as a direct result of the crime, whether the disability is partial or total.
(7)(A)Authorize a cash payment or reimbursement not to exceed two thousand dollars ($2,000) to a victim for expenses incurred in relocating, if the expenses are determined by law enforcement to be necessary for the personal safety of the victim or by a mental health treatment provider to be necessary for the emotional well-being of the victim. For purposes of this paragraph, expenses incurred in relocating may include the costs of temporary housing for pets of the victim, limited to three days of pet boarding at a maximum cost of forty dollars ($40) per day for all of the victims pets, and may include a pet deposit and additional rent required if the victim has a pet.
(B)The cash payment or reimbursement made under this paragraph shall only be awarded to one claimant per crime giving rise to the relocation. The board may authorize more than one relocation per crime if necessary for the personal safety or emotional well-being of the claimant. However, the total cash payment or reimbursement for all relocations due to the same crime shall not exceed two thousand dollars ($2,000). For purposes of this paragraph, a claimant is the crime victim, or, if the victim is deceased, a person who resided with the deceased at the time of the crime.
(C)The board may, under compelling circumstances, award a second cash payment or reimbursement to a victim for another crime if both of the following conditions are met:
(i)The crime occurs more than three years from the date of the crime giving rise to the initial relocation cash payment or reimbursement.
(ii)The crime does not involve the same offender.
(D)When a relocation payment or reimbursement is provided to a victim of sexual assault or domestic violence and the identity of the offender is known to the victim, the victim shall agree not to inform the offender of the location of the victims new residence and not to allow the offender on the premises at any time, or shall agree to seek a restraining order against the offender. A victim may be required to repay the relocation payment or reimbursement to the board if he or she violates the terms set forth in this paragraph.
(E)Notwithstanding subparagraphs (A) and (B), the board may increase the cash payment or reimbursement for expenses incurred in relocating to an amount greater than two thousand dollars ($2,000), if the board finds this amount is appropriate due to the unusual, dire, or exceptional circumstances of a particular claim.
(F)If a security deposit or pet deposit, or both, is required for relocation, the board shall be named as the recipient and receive the funds upon expiration of the victims rental agreement.
(8)When a victim dies as a result of a crime, the board may reimburse an individual who voluntarily, and without anticipation of personal gain, pays or assumes the obligation to pay any of the following expenses:
(A)The medical expenses incurred as a direct result of the crime in an amount not to exceed the rates or limitations established by the board.
(B)The funeral and burial expenses incurred as a direct result of the crime, not to exceed seven thousand five hundred dollars ($7,500). The board shall not create or comply with a regulation or policy that mandates a lower maximum potential amount of an award pursuant to this subparagraph for less than seven thousand five hundred dollars ($7,500).
(9)When the crime occurs in a residence or inside a vehicle, the board may reimburse an individual who voluntarily, and without anticipation of personal gain, pays or assumes the obligation to pay the reasonable costs to clean the scene of the crime in an amount not to exceed one thousand dollars ($1,000). Services reimbursed pursuant to this subdivision shall be performed by persons registered with the State Department of Public Health as trauma scene waste practitioners in accordance with Chapter 9.5 (commencing with Section 118321) of Part 14 of Division 104 of the Health and Safety Code.
(10)When the crime is a violation of Section 600.2 or 600.5 of the Penal Code, the board may reimburse the expense of veterinary services, replacement costs, or other reasonable expenses, as ordered by the court pursuant to Section 600.2 or 600.5 of the Penal Code, in an amount not to exceed ten thousand dollars ($10,000).
(11)An award of compensation pursuant to paragraph (5) of subdivision (f) of Section 13955 shall be limited to compensation to provide mental health counseling and shall not limit the eligibility of a victim for an award that he or she may be otherwise entitled to receive under this part. A derivative victim shall not be eligible for compensation under this provision.
(b)The total award to or on behalf of each victim or derivative victim may not exceed thirty-five thousand dollars ($35,000), except that this award may be increased to an amount not exceeding seventy thousand dollars ($70,000) if federal funds for that increase are available.
SEC. 1.6.Section 13957 of the Government Code is amended to read:13957.(a)The board may grant for pecuniary loss, when the board determines it will best aid the person seeking compensation, as follows:
(1)Subject to the limitations set forth in Section 13957.2, reimburse the amount of medical or medical-related expenses incurred by the victim for services that were provided by a licensed medical provider, including, but not limited to, eyeglasses, hearing aids, dentures, or any prosthetic device taken, lost, or destroyed during the commission of the crime, or the use of which became necessary as a direct result of the crime.
(2)Subject to the limitations set forth in Section 13957.2, reimburse the amount of outpatient psychiatric, psychological, or other mental health counseling-related expenses incurred by the victim or derivative victim, including peer counseling services provided by a sexual assault services program, as defined by Section 13837 of the Penal Code, and including family psychiatric, psychological, or mental health counseling for the successful treatment of the victim provided to family members of the victim in the presence of the victim, whether or not the family member relationship existed at the time of the crime, that became necessary as a direct result of the crime, subject to the following conditions:
(A)The following persons may be reimbursed for the expense of their outpatient mental health counseling in an amount not to exceed ten thousand dollars ($10,000):
(i)A victim.
(ii)A derivative victim who is the surviving parent, grandparent, sibling, child, grandchild, spouse, fiance, or fiancee of a victim of a crime that directly resulted in the death of the victim.
(iii)A derivative victim, as described in paragraphs (1) to (4), inclusive, of subdivision (c) of Section 13955, who is the primary caretaker of a minor victim whose claim is not denied or reduced pursuant to Section 13956 in a total amount not to exceed ten thousand dollars ($10,000) for not more than two derivative victims.
(B)The following persons may be reimbursed for the expense of their outpatient mental health counseling in an amount not to exceed five thousand dollars ($5,000):
(i)A derivative victim not eligible for reimbursement pursuant to subparagraph (A), provided that mental health counseling of a derivative victim described in paragraph (5) of subdivision (c) of Section 13955, shall be reimbursed only if that counseling is necessary for the treatment of the victim.
(ii)A minor who suffers emotional injury as a direct result of witnessing a violent crime and who is not eligible for reimbursement of the costs of outpatient mental health counseling under any other provision of this chapter. To be eligible for reimbursement under this clause, the minor must have been in close proximity to the victim when he or she witnessed the crime.
(C)The board may reimburse a victim or derivative victim for outpatient mental health counseling in excess of that authorized by subparagraph (A) or (B) or for inpatient psychiatric, psychological, or other mental health counseling if the claim is based on dire or exceptional circumstances that require more extensive treatment, as approved by the board.
(D)Expenses for psychiatric, psychological, or other mental health counseling-related services may be reimbursed only if the services were provided by either of the following individuals:
(i)A person who would have been authorized to provide those services pursuant to former Article 1 (commencing with Section 13959) as it read on January 1, 2002.
(ii)A person who is licensed in California to provide those services, or who is properly supervised by a person who is licensed in California to provide those services, subject to the boards approval and subject to the limitations and restrictions the board may impose.
(3)Subject to the limitations set forth in Section 13957.5, authorize 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. If the victim or derivative victim requests that the board give priority to reimbursement of loss of income or support, the board may not pay medical expenses, or mental health counseling expenses, except upon the request of the victim or derivative victim or after determining that payment of these expenses will not decrease the funds available for payment of loss of income or support.
(4)Authorize a cash payment to or on behalf of the victim for job retraining or similar employment-oriented services.
(5)Reimburse the expense of installing or increasing residential security, not to exceed one thousand dollars ($1,000). Installing or increasing residential security may include, but need not be limited to, both of the following:
(A)Home security device or system.
(B)Replacing or increasing the number of locks.
(6)Reimburse the expense of renovating or retrofitting a victims residence, or the expense of modifying or purchasing a vehicle, to make the residence or the vehicle accessible or operational by a victim upon verification that the expense is medically necessary for a victim who is permanently disabled as a direct result of the crime, whether the disability is partial or total.
(7)(A)Authorize a cash payment or reimbursement not to exceed two thousand dollars ($2,000) to a victim for expenses incurred in relocating, if the expenses are determined by law enforcement to be necessary for the personal safety of the victim or by a mental health treatment provider to be necessary for the emotional well-being of the victim. For purposes of this paragraph, expenses incurred in relocating may include the costs of temporary housing for pets of the victim, limited to three days of pet boarding at a maximum cost of forty dollars ($40) per day for all of the victims pets, and may include a pet deposit and additional rent required if the victim has a pet.
(B)The cash payment or reimbursement made under this paragraph shall only be awarded to one claimant per crime giving rise to the relocation. The board may authorize more than one relocation per crime if necessary for the personal safety or emotional well-being of the claimant. However, the total cash payment or reimbursement for all relocations due to the same crime shall not exceed two thousand dollars ($2,000). For purposes of this paragraph a claimant is the crime victim, or, if the victim is deceased, a person who resided with the deceased at the time of the crime.
(C)The board may, under compelling circumstances, award a second cash payment or reimbursement to a victim for another crime if both of the following conditions are met:
(i)The crime occurs more than three years from the date of the crime giving rise to the initial relocation cash payment or reimbursement.
(ii)The crime does not involve the same offender.
(D)When a relocation payment or reimbursement is provided to a victim of sexual assault or domestic violence and the identity of the offender is known to the victim, the victim shall agree not to inform the offender of the location of the victims new residence and not to allow the offender on the premises at any time, or shall agree to seek a restraining order against the offender. A victim may be required to repay the relocation payment or reimbursement to the board if he or she violates the terms set forth in this paragraph.
(E)Notwithstanding subparagraphs (A) and (B), the board may increase the cash payment or reimbursement for expenses incurred in relocating to an amount greater than two thousand dollars ($2,000), if the board finds this amount is appropriate due to the unusual, dire, or exceptional circumstances of a particular claim.
(F)If a security deposit or pet deposit, or both, is required for relocation, the board shall be named as the recipient and receive the funds upon expiration of the victims rental agreement.
(8)When a victim dies as a result of a crime, the board may reimburse an individual who voluntarily, and without anticipation of personal gain, pays or assumes the obligation to pay any of the following expenses:
(A)The medical expenses incurred as a direct result of the crime in an amount not to exceed the rates or limitations established by the board.
(B)The funeral and burial expenses incurred as a direct result of the crime, not to exceed seven thousand five hundred dollars ($7,500). The board shall not create or comply with a regulation or policy that mandates a lower maximum potential amount of an award pursuant to this subparagraph for less than seven thousand five hundred dollars ($7,500).
(9)When the crime occurs in a residence or inside a vehicle, the board may reimburse an individual who voluntarily, and without anticipation of personal gain, pays or assumes the obligation to pay the reasonable costs to clean the scene of the crime in an amount not to exceed one thousand dollars ($1,000). Services reimbursed pursuant to this subdivision shall be performed by persons registered with the State Department of Public Health as trauma scene waste practitioners in accordance with Chapter 9.5 (commencing with Section 118321) of Part 14 of Division 104 of the Health and Safety Code.
(10)When the crime is a violation of Section 600.2 or 600.5 of the Penal Code, the board may reimburse the expense of veterinary services, replacement costs, medical or medical-related expenses of, and loss of wages or income incurred by, the disabled person, or other reasonable expenses, as ordered by the court pursuant to Section 600.2 or 600.5 of the Penal Code, in an amount not to exceed ten thousand dollars ($10,000).
(11)An award of compensation pursuant to paragraph (5) of subdivision (f) of Section 13955 shall be limited to compensation to provide mental health counseling and shall not limit the eligibility of a victim for an award that he or she may be otherwise entitled to receive under this part. A derivative victim shall not be eligible for compensation under this provision.
(b)The total award to or on behalf of each victim or derivative victim may not exceed thirty-five thousand dollars ($35,000), except that this award may be increased to an amount not exceeding seventy thousand dollars ($70,000) if federal funds for that increase are available.
SEC. 1.7.Section 13957 of the Government Code is amended to read:13957.(a)The board may grant for pecuniary loss, when the board determines it will best aid the person seeking compensation, as follows:
(1)Subject to the limitations set forth in Section 13957.2, reimburse the amount of medical or medical-related expenses incurred by the victim for services that were provided by a licensed medical provider, including, but not limited to, eyeglasses, hearing aids, dentures, or any prosthetic device taken, lost, or destroyed during the commission of the crime, or the use of which became necessary as a direct result of the crime.
(2)Subject to the limitations set forth in Section 13957.2, reimburse the amount of outpatient psychiatric, psychological, or other mental health counseling-related expenses incurred by the victim or derivative victim, including peer counseling services provided by a sexual assault services program, as defined by Section 13837 of the Penal Code, and including family psychiatric, psychological, or mental health counseling for the successful treatment of the victim provided to family members of the victim in the presence of the victim, whether or not the family member relationship existed at the time of the crime, that became necessary as a direct result of the crime, subject to the following conditions:
(A)The following persons may be reimbursed for the expense of their outpatient mental health counseling in an amount not to exceed ten thousand dollars ($10,000):
(i)A victim.
(ii)A derivative victim who is the surviving parent, grandparent, sibling, child, grandchild, spouse, fiance, or fiancee of a victim of a crime that directly resulted in the death of the victim.
(iii)A derivative victim, as described in paragraphs (1) to (4), inclusive, of subdivision (c) of Section 13955, who is the primary caretaker of a minor victim whose claim is not denied or reduced pursuant to Section 13956 in a total amount not to exceed ten thousand dollars ($10,000) for not more than two derivative victims.
(B)The following persons may be reimbursed for the expense of their outpatient mental health counseling in an amount not to exceed five thousand dollars ($5,000):
(i)A derivative victim not eligible for reimbursement pursuant to subparagraph (A), provided that mental health counseling of a derivative victim described in paragraph (5) of subdivision (c) of Section 13955, shall be reimbursed only if that counseling is necessary for the treatment of the victim.
(ii)A minor who suffers emotional injury as a direct result of witnessing a violent crime and who is not eligible for reimbursement of the costs of outpatient mental health counseling under any other provision of this chapter. To be eligible for reimbursement under this clause, the minor must have been in close proximity to the victim when he or she witnessed the crime.
(C)The board may reimburse a victim or derivative victim for outpatient mental health counseling in excess of that authorized by subparagraph (A) or (B) or for inpatient psychiatric, psychological, or other mental health counseling if the claim is based on dire or exceptional circumstances that require more extensive treatment, as approved by the board.
(D)Expenses for psychiatric, psychological, or other mental health counseling-related services may be reimbursed only if the services were provided by either of the following individuals:
(i)A person who would have been authorized to provide those services pursuant to former Article 1 (commencing with Section 13959) as it read on January 1, 2002.
(ii)A person who is licensed in California to provide those services, or who is properly supervised by a person who is licensed in California to provide those services, subject to the boards approval and subject to the limitations and restrictions the board may impose.
(3)Subject to the limitations set forth in Section 13957.5, authorize 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. If the qualifying crime is a violation of Section 236.1 of the Penal Code, the board may authorize 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, but not exceeding the amount set forth in Section 13957.5. If the victim or derivative victim requests that the board give priority to reimbursement of loss of income or support, the board may not pay medical expenses, or mental health counseling expenses, except upon the request of the victim or derivative victim or after determining that payment of these expenses will not decrease the funds available for payment of loss of income or support.
(4)Authorize a cash payment to or on behalf of the victim for job retraining or similar employment-oriented services.
(5)Reimburse the expense of installing or increasing residential security, not to exceed one thousand dollars ($1,000). Installing or increasing residential security may include, but need not be limited to, both of the following:
(A)Home security device or system.
(B)Replacing or increasing the number of locks.
(6)Reimburse the expense of renovating or retrofitting a victims residence, or the expense of modifying or purchasing a vehicle, to make the residence or the vehicle accessible or operational by a victim upon verification that the expense is medically necessary for a victim who is permanently disabled as a direct result of the crime, whether the disability is partial or total.
(7)(A)Authorize a cash payment or reimbursement not to exceed two thousand dollars ($2,000) to a victim for expenses incurred in relocating, if the expenses are determined by law enforcement to be necessary for the personal safety of the victim or by a mental health treatment provider to be necessary for the emotional well-being of the victim. For purposes of this paragraph, expenses incurred in relocating may include the costs of temporary housing for pets of the victim, limited to three days of pet boarding at a maximum cost of forty dollars ($40) per day for all of the victims pets, and may include a pet deposit and additional rent required if the victim has a pet.
(B)The cash payment or reimbursement made under this paragraph shall only be awarded to one claimant per crime giving rise to the relocation. The board may authorize more than one relocation per crime if necessary for the personal safety or emotional well-being of the claimant. However, the total cash payment or reimbursement for all relocations due to the same crime shall not exceed two thousand dollars ($2,000). For purposes of this paragraph, a claimant is the crime victim, or, if the victim is deceased, a person who resided with the deceased at the time of the crime.
(C)The board may, under compelling circumstances, award a second cash payment or reimbursement to a victim for another crime if both of the following conditions are met:
(i)The crime occurs more than three years from the date of the crime giving rise to the initial relocation cash payment or reimbursement.
(ii)The crime does not involve the same offender.
(D)When a relocation payment or reimbursement is provided to a victim of sexual assault or domestic violence and the identity of the offender is known to the victim, the victim shall agree not to inform the offender of the location of the victims new residence and not to allow the offender on the premises at any time, or shall agree to seek a restraining order against the offender. A victim may be required to repay the relocation payment or reimbursement to the board if he or she violates the terms set forth in this paragraph.
(E)Notwithstanding subparagraphs (A) and (B), the board may increase the cash payment or reimbursement for expenses incurred in relocating to an amount greater than two thousand dollars ($2,000), if the board finds this amount is appropriate due to the unusual, dire, or exceptional circumstances of a particular claim.
(F)If a security deposit or pet deposit, or both, is required for relocation, the board shall be named as the recipient and receive the funds upon expiration of the victims rental agreement.
(8)When a victim dies as a result of a crime, the board may reimburse an individual who voluntarily, and without anticipation of personal gain, pays or assumes the obligation to pay any of the following expenses:
(A)The medical expenses incurred as a direct result of the crime in an amount not to exceed the rates or limitations established by the board.
(B)The funeral and burial expenses incurred as a direct result of the crime, not to exceed seven thousand five hundred dollars ($7,500). The board shall not create or comply with a regulation or policy that mandates a lower maximum potential amount of an award pursuant to this subparagraph for less than seven thousand five hundred dollars ($7,500).
(9)When the crime occurs in a residence or inside a vehicle, the board may reimburse an individual who voluntarily, and without anticipation of personal gain, pays or assumes the obligation to pay the reasonable costs to clean the scene of the crime in an amount not to exceed one thousand dollars ($1,000). Services reimbursed pursuant to this subdivision shall be performed by persons registered with the State Department of Public Health as trauma scene waste practitioners in accordance with Chapter 9.5 (commencing with Section 118321) of Part 14 of Division 104 of the Health and Safety Code.
(10)When the crime is a violation of Section 600.2 or 600.5 of the Penal Code, the board may reimburse the expense of veterinary services, replacement costs, medical or medical-related expenses of, and loss of wages or income incurred by, the disabled person, or other reasonable expenses, as ordered by the court pursuant to Section 600.2 or 600.5 of the Penal Code, in an amount not to exceed ten thousand dollars ($10,000).
(11)An award of compensation pursuant to paragraph (5) of subdivision (f) of Section 13955 shall be limited to compensation to provide mental health counseling and shall not limit the eligibility of a victim for an award that he or she may be otherwise entitled to receive under this part. A derivative victim shall not be eligible for compensation under this provision.
(b)The total award to or on behalf of each victim or derivative victim may not exceed thirty-five thousand dollars ($35,000), except that this award may be increased to an amount not exceeding seventy thousand dollars ($70,000) if federal funds for that increase are available.
SEC. 2.(a)Section 1.1 of this bill incorporates amendments to Section 13957 of the Government Code proposed by both this bill and Assembly Bill 900. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 13957 of the Government Code, (3) Assembly Bill 1865 and Assembly Bill 1939 are not enacted or, as enacted, do not amend that section, and (4) this bill is enacted after Assembly Bill 900, in which case Sections 1, 1.2, 1.3, 1.4, 1.5, 1.6, and 1.7 of this bill shall not become operative.
(b)Section 1.2 of this bill incorporates amendments to Section 13957 of the Government Code proposed by both this bill and Assembly Bill 1865. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 13957 of the Government Code, (3) Assembly Bill 900 and Assembly Bill 1939 are not enacted or, as enacted, do not amend that section, and (4) this bill is enacted after Assembly Bill 1865, in which case Sections 1, 1.1, 1.3, 1.4, 1.5, 1.6, and 1.7 of this bill shall not become operative.
(c)Section 1.3 of this bill incorporates amendments to Section 13957 of the Government Code proposed by this bill and Assembly Bill 1939. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 13957 of the Government Code, (3) Assembly Bill 900 and Assembly Bill 1865 are not enacted or, as enacted, do not amend that section, and (4) this bill is enacted after Assembly Bill 1939, in which case Sections 1, 1.1, 1.2, 1.4, 1.5, 1.6, and 1.7 of this bill shall not become operative.
(d)Section 1.4 of this bill incorporates amendments to Section 13957 of the Government Code proposed by this bill, Assembly Bill 900, and Assembly Bill 1865. That section shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2019, (2) all three bills amend Section 13957 of the Government Code, (3) Assembly Bill 1939 is not enacted or, as enacted, does not amend that section, and (4) this bill is enacted after Assembly Bill 900 and Assembly Bill 1865, in which case Sections 1, 1.1, 1.2, 1.3, 1.5, 1.6, and 1.7 of this bill shall not become operative.
(e)Section 1.5 of this bill incorporates amendments to Section 13957 of the Government Code proposed by this bill, Assembly Bill 900, and Assembly Bill 1939. That section shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2019, (2) all three bills amend Section 13957 of the Government Code, (3) Assembly Bill 1865 is not enacted or, as enacted, does not amend that section, and (4) this bill is enacted after Assembly Bill 900 and Assembly Bill 1939, in which case Sections 1, 1.1, 1.2, 1.3, 1.4, 1.6, and 1.7 of this bill shall not become operative.
(f)Section 1.6 of this bill incorporates amendments to Section 13957 of the Government Code proposed by this bill, Assembly Bill 1865, and Assembly Bill 1939. That section shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2019, (2) all three bills amend Section 13957 of the Government Code, (3) Assembly Bill 900 is not enacted or, as enacted, does not amend that section, and (4) this bill is enacted after Assembly Bill 1865 and Assembly Bill 1939, in which case Sections 1, 1.1, 1.2, 1.3, 1.4, 1.5, and 1.7 of this bill shall not become operative.
(g)Section 1.7 of this bill incorporates amendments to Section 13957 of the Government Code proposed by this bill, Assembly Bill 900, Assembly Bill 1865, and Assembly Bill 1939. That section shall only become operative if (1) all four bills are enacted and become effective on or before January 1, 2019, (2) all four bills amend Section 13957 of the Government Code, and (3) this bill is enacted after Assembly Bill 900, Assembly Bill 1865, and Assembly Bill 1939, in which case Sections 1, 1.1, 1.2, 1.3, 1.4, 1.5, and 1.6 of this bill shall not become operative.
(a)The board may grant for pecuniary loss, when the board determines it will best aid the person seeking compensation, as follows:
(1)Subject to the limitations set forth in Section 13957.2, reimburse the amount of medical or medical-related expenses incurred by the victim for services that were provided by a licensed medical provider, including, but not limited to, eyeglasses, hearing aids, dentures, or any prosthetic device taken, lost, or destroyed during the commission of the crime, or the use of which became necessary as a direct result of the crime.
(2)Subject to the limitations set forth in Section 13957.2, reimburse the amount of outpatient psychiatric, psychological, or other mental health counseling-related expenses incurred by the victim or derivative victim, including peer counseling services provided by a sexual assault services program, as defined by Section 13837 of the Penal Code, and including family psychiatric, psychological, or mental health counseling for the successful treatment of the victim provided to family members of the victim in the presence of the victim, whether or not the family member relationship existed at the time of the crime, that became necessary as a direct result of the crime, subject to the following conditions:
(A)The following persons may be reimbursed for the expense of their outpatient mental health counseling in an amount not to exceed ten thousand dollars ($10,000):
(i)A victim.
(ii)A derivative victim who is the surviving parent, grandparent, sibling, child, grandchild, spouse, fiance, or fiancee of a victim of a crime that directly resulted in the death of the victim.
(iii)A derivative victim, as described in paragraphs (1) to (4), inclusive, of subdivision (c) of Section 13955, who is the primary caretaker of a minor victim whose claim is not denied or reduced pursuant to Section 13956 in a total amount not to exceed ten thousand dollars ($10,000) for not more than two derivative victims.
(B)The following persons may be reimbursed for the expense of their outpatient mental health counseling in an amount not to exceed five thousand dollars ($5,000):
(i)A derivative victim not eligible for reimbursement pursuant to subparagraph (A), provided that mental health counseling of a derivative victim described in paragraph (5) of subdivision (c) of Section 13955, shall be reimbursed only if that counseling is necessary for the treatment of the victim.
(ii)A minor who suffers emotional injury as a direct result of witnessing a violent crime and who is not eligible for reimbursement of the costs of outpatient mental health counseling under any other provision of this chapter. To be eligible for reimbursement under this clause, the minor must have been in close proximity to the victim when he or she witnessed the crime.
(C)The board may reimburse a victim or derivative victim for outpatient mental health counseling in excess of that authorized by subparagraph (A) or (B) or for inpatient psychiatric, psychological, or other mental health counseling if the claim is based on dire or exceptional circumstances that require more extensive treatment, as approved by the board.
(D)Expenses for psychiatric, psychological, or other mental health counseling-related services may be reimbursed only if the services were provided by either of the following individuals:
(i)A person who would have been authorized to provide those services pursuant to former Article 1 (commencing with Section 13959) as it read on January 1, 2002.
(ii)A person who is licensed in California to provide those services, or who is properly supervised by a person who is licensed in California to provide those services, subject to the boards approval and subject to the limitations and restrictions the board may impose.
(3)Subject to the limitations set forth in Section 13957.5, authorize 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. If the victim or derivative victim requests that the board give priority to reimbursement of loss of income or support, the board may not pay medical expenses, or mental health counseling expenses, except upon the request of the victim or derivative victim or after determining that payment of these expenses will not decrease the funds available for payment of loss of income or support.
(4)Authorize a cash payment to or on behalf of the victim for job retraining or similar employment-oriented services.
(5)Reimburse the expense of installing or increasing residential security, not to exceed one thousand dollars ($1,000). Installing or increasing residential security may include, but need not be limited to, both of the following:
(A)Home security device or system.
(B)Replacing or increasing the number of locks.
(6)Reimburse the expense of renovating or retrofitting a victims residence, or the expense of modifying or purchasing a vehicle, to make the residence or the vehicle accessible or operational by a victim upon verification that the expense is medically necessary for a victim who is permanently disabled as a direct result of the crime, whether the disability is partial or total.
(7)(A)Authorize a cash payment or reimbursement not to exceed two thousand dollars ($2,000) to a victim for expenses incurred in relocating, if the expenses are determined by law enforcement to be necessary for the personal safety of the victim or by a mental health treatment provider to be necessary for the emotional well-being of the victim. For purposes of this paragraph, expenses incurred in relocating may include a pet deposit and additional rent required if the victim has a pet.
(B)The cash payment or reimbursement made under this paragraph shall only be awarded to one claimant per crime giving rise to the relocation. The board may authorize more than one relocation per crime if necessary for the personal safety or emotional well-being of the claimant. However, the total cash payment or reimbursement for all relocations due to the same crime shall not exceed two thousand dollars ($2,000). For purposes of this paragraph a claimant is the crime victim, or, if the victim is deceased, a person who resided with the deceased at the time of the crime.
(C)The board may, under compelling circumstances, award a second cash payment or reimbursement to a victim for another crime if both of the following conditions are met:
(i)The crime occurs more than three years from the date of the crime giving rise to the initial relocation cash payment or reimbursement.
(ii)The crime does not involve the same offender.
(D)When a relocation payment or reimbursement is provided to a victim of sexual assault or domestic violence and the identity of the offender is known to the victim, the victim shall agree not to inform the offender of the location of the victims new residence and not to allow the offender on the premises at any time, or shall agree to seek a restraining order against the offender. A victim may be required to repay the relocation payment or reimbursement to the board if he or she violates the terms set forth in this paragraph.
(E)Notwithstanding subparagraphs (A) and (B), the board may increase the cash payment or reimbursement for expenses incurred in relocating to an amount greater than two thousand dollars ($2,000), if the board finds this amount is appropriate due to the unusual, dire, or exceptional circumstances of a particular claim.
(F)If a security deposit or pet deposit, or both, is required for relocation, the board shall be named as the recipient and receive the funds upon expiration of the victims rental agreement.
(8)When a victim dies as a result of a crime, the board may reimburse an individual who voluntarily, and without anticipation of personal gain, pays or assumes the obligation to pay any of the following expenses:
(A)The medical expenses incurred as a direct result of the crime in an amount not to exceed the rates or limitations established by the board.
(B)The funeral and burial expenses incurred as a direct result of the crime, not to exceed seven thousand five hundred dollars ($7,500). The board shall not create or comply with a regulation or policy that mandates a lower maximum potential amount of an award pursuant to this subparagraph for less than seven thousand five hundred dollars ($7,500).
(9)When the crime occurs in a residence or inside a vehicle, the board may reimburse an individual who voluntarily, and without anticipation of personal gain, pays or assumes the obligation to pay the reasonable costs to clean the scene of the crime in an amount not to exceed one thousand dollars ($1,000). Services reimbursed pursuant to this subdivision shall be performed by persons registered with the State Department of Public Health as trauma scene waste practitioners in accordance with Chapter 9.5 (commencing with Section 118321) of Part 14 of Division 104 of the Health and Safety Code.
(10)When the crime is a violation of Section 600.2 or 600.5 of the Penal Code, the board may reimburse the expense of veterinary services, replacement costs, or other reasonable expenses, as ordered by the court pursuant to Section 600.2 or 600.5 of the Penal Code, in an amount not to exceed ten thousand dollars ($10,000).
(11)An award of compensation pursuant to paragraph (5) of subdivision (f) of Section 13955 shall be limited to compensation to provide mental health counseling and shall not limit the eligibility of a victim for an award that he or she may be otherwise entitled to receive under this part. A derivative victim shall not be eligible for compensation under this provision.
(b)The total award to or on behalf of each victim or derivative victim may not exceed thirty-five thousand dollars ($35,000), except that this award may be increased to an amount not exceeding seventy thousand dollars ($70,000) if federal funds for that increase are available.
SEC. 1.1.Section 13957 of the Government Code is amended to read:13957.(a)The board may grant for pecuniary loss, when the board determines it will best aid the person seeking compensation, as follows:
(1)Subject to the limitations set forth in Section 13957.2, reimburse the amount of medical or medical-related expenses incurred by the victim for services that were provided by a licensed medical provider, including, but not limited to, eyeglasses, hearing aids, dentures, or any prosthetic device taken, lost, or destroyed during the commission of the crime, or the use of which became necessary as a direct result of the crime.
(2)Subject to the limitations set forth in Section 13957.2, reimburse the amount of outpatient psychiatric, psychological, or other mental health counseling-related expenses incurred by the victim or derivative victim, including peer counseling services provided by a rape crisis center sexual assault services program, as defined by Section 13837 of the Penal Code, and including family psychiatric, psychological, or mental health counseling for the successful treatment of the victim provided to family members of the victim in the presence of the victim, whether or not the family member relationship existed at the time of the crime, that became necessary as a direct result of the crime, subject to the following conditions:
(A)The following persons may be reimbursed for the expense of their outpatient mental health counseling in an amount not to exceed ten thousand dollars ($10,000):
(i)A victim.
(ii)A derivative victim who is the surviving parent, grandparent, sibling, child, grandchild, spouse, fiance, or fiancee of a victim of a crime that directly resulted in the death of the victim.
(iii)A derivative victim, as described in paragraphs (1) to (4), inclusive, of subdivision (c) of Section 13955, who is the primary caretaker of a minor victim whose claim is not denied or reduced pursuant to Section 13956 in a total amount not to exceed ten thousand dollars ($10,000) for not more than two derivative victims.
(B)The following persons may be reimbursed for the expense of their outpatient mental health counseling in an amount not to exceed five thousand dollars ($5,000):
(i)A derivative victim not eligible for reimbursement pursuant to subparagraph (A), provided that mental health counseling of a derivative victim described in paragraph (5) of subdivision (c) of Section 13955, shall be reimbursed only if that counseling is necessary for the treatment of the victim.
(ii)A minor who suffers emotional injury as a direct result of witnessing a violent crime and who is not eligible for reimbursement of the costs of outpatient mental health counseling under any other provision of this chapter. To be eligible for reimbursement under this clause, the minor must have been in close proximity to the victim when he or she witnessed the crime.
(C)The board may reimburse a victim or derivative victim for outpatient mental health counseling in excess of that authorized by subparagraph (A) or (B) or for inpatient psychiatric, psychological, or other mental health counseling if the claim is based on dire or exceptional circumstances that require more extensive treatment, as approved by the board.
(D)Expenses for psychiatric, psychological, or other mental health counseling-related services may be reimbursed only if the services were provided by either of the following individuals:
(i)A person who would have been authorized to provide those services pursuant to former Article 1 (commencing with Section 13959) as it read on January 1, 2002.
(ii)A person who is licensed in California to provide those services, or who is properly supervised by a person who is licensed in California to provide those services, subject to the boards approval and subject to the limitations and restrictions the board may impose.
(3)Subject to the limitations set forth in Section 13957.5, authorize 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. If the qualifying crime is a violation of Section 236.1 of the Penal Code, the board may authorize 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, but not exceeding the amount set forth in Section 13957.5. If the victim or derivative victim requests that the board give priority to reimbursement of loss of income or support, the board may not pay medical expenses, or mental health counseling expenses, except upon the request of the victim or derivative victim or after determining that payment of these expenses will not decrease the funds available for payment of loss of income or support.
(4)Authorize a cash payment to or on behalf of the victim for job retraining or similar employment-oriented services.
(5)Reimburse the expense of installing or increasing residential security, not to exceed one thousand dollars ($1,000). Installing or increasing residential security may include, but need not be limited to, both of the following:
(A)Home security device or system.
(B)Replacing or increasing the number of locks.
(6)Reimburse the expense of renovating or retrofitting a victims residence, or the expense of modifying or purchasing a vehicle, to make the residence or the vehicle accessible or operational by a victim upon verification that the expense is medically necessary for a victim who is permanently disabled as a direct result of the crime, whether the disability is partial or total.
(7)(A)Authorize a cash payment or reimbursement not to exceed two thousand dollars ($2,000) to a victim for expenses incurred in relocating, if the expenses are determined by law enforcement to be necessary for the personal safety of the victim or by a mental health treatment provider to be necessary for the emotional well-being of the victim. For purposes of this paragraph, expenses incurred in relocating may include a pet deposit and additional rent required if the victim has a pet.
(B)The cash payment or reimbursement made under this paragraph shall only be awarded to one claimant per crime giving rise to the relocation. The board may authorize more than one relocation per crime if necessary for the personal safety or emotional well-being of the claimant. However, the total cash payment or reimbursement for all relocations due to the same crime shall not exceed two thousand dollars ($2,000). For purposes of this paragraph paragraph, a claimant is the crime victim, or, if the victim is deceased, a person who resided with the deceased at the time of the crime.
(C)The board may, under compelling circumstances, award a second cash payment or reimbursement to a victim for another crime if both of the following conditions are met:
(i)The crime occurs more than three years from the date of the crime giving rise to the initial relocation cash payment or reimbursement.
(ii)The crime does not involve the same offender.
(D)When a relocation payment or reimbursement is provided to a victim of sexual assault or domestic violence and the identity of the offender is known to the victim, the victim shall agree not to inform the offender of the location of the victims new residence and not to allow the offender on the premises at any time, or shall agree to seek a restraining order against the offender. A victim may be required to repay the relocation payment or reimbursement to the board if he or she violates the terms set forth in this paragraph.
(E)Notwithstanding subparagraphs (A) and (B), the board may increase the cash payment or reimbursement for expenses incurred in relocating to an amount greater than two thousand dollars ($2,000), if the board finds this amount is appropriate due to the unusual, dire, or exceptional circumstances of a particular claim.
(F)If a security deposit or pet deposit, or both, is required for relocation, the board shall be named as the recipient and receive the funds upon expiration of the victims rental agreement.
(8)When a victim dies as a result of a crime, the board may reimburse any an individual who voluntarily, and without anticipation of personal gain, pays or assumes the obligation to pay any of the following expenses:
(A)The medical expenses incurred as a direct result of the crime in an amount not to exceed the rates or limitations established by the board.
(B)The funeral and burial expenses incurred as a direct result of the crime, not to exceed seven thousand five hundred dollars ($7,500). The board shall not create or comply with a regulation or policy that mandates a lower maximum potential amount of an award pursuant to this subparagraph for less than seven thousand five hundred dollars ($7,500).
(9)When the crime occurs in a residence or inside a vehicle, the board may reimburse any an individual who voluntarily, and without anticipation of personal gain, pays or assumes the obligation to pay the reasonable costs to clean the scene of the crime in an amount not to exceed one thousand dollars ($1,000). Services reimbursed pursuant to this subdivision shall be performed by persons registered with the State Department of Public Health as trauma scene waste practitioners in accordance with Chapter 9.5 (commencing with Section 118321) of Part 14 of Division 104 of the Health and Safety Code.
(10)When the crime is a violation of Section 600.2 or 600.5 of the Penal Code, the board may reimburse the expense of veterinary services, replacement costs, or other reasonable expenses, as ordered by the court pursuant to Section 600.2 or 600.5 of the Penal Code, in an amount not to exceed ten thousand dollars ($10,000).
(11)An award of compensation pursuant to paragraph (5) of subdivision (f) of Section 13955 shall be limited to compensation to provide mental health counseling and shall not limit the eligibility of a victim for an award that he or she may be otherwise entitled to receive under this part. A derivative victim shall not be eligible for compensation under this provision.
(b)The total award to or on behalf of each victim or derivative victim may not exceed thirty-five thousand dollars ($35,000), except that this award may be increased to an amount not exceeding seventy thousand dollars ($70,000) if federal funds for that increase are available.
SEC. 1.2.Section 13957 of the Government Code is amended to read:13957.(a)The board may grant for pecuniary loss, when the board determines it will best aid the person seeking compensation, as follows:
(1)Subject to the limitations set forth in Section 13957.2, reimburse the amount of medical or medical-related expenses incurred by the victim for services that were provided by a licensed medical provider, including, but not limited to, eyeglasses, hearing aids, dentures, or any prosthetic device taken, lost, or destroyed during the commission of the crime, or the use of which became necessary as a direct result of the crime.
(2)Subject to the limitations set forth in Section 13957.2, reimburse the amount of outpatient psychiatric, psychological, or other mental health counseling-related expenses incurred by the victim or derivative victim, including peer counseling services provided by a rape crisis center sexual assault services program, as defined by Section 13837 of the Penal Code, and including family psychiatric, psychological, or mental health counseling for the successful treatment of the victim provided to family members of the victim in the presence of the victim, whether or not the family member relationship existed at the time of the crime, that became necessary as a direct result of the crime, subject to the following conditions:
(A)The following persons may be reimbursed for the expense of their outpatient mental health counseling in an amount not to exceed ten thousand dollars ($10,000):
(i)A victim.
(ii)A derivative victim who is the surviving parent, grandparent, sibling, child, grandchild, spouse, fiance, or fiancee of a victim of a crime that directly resulted in the death of the victim.
(iii)A derivative victim, as described in paragraphs (1) to (4), inclusive, of subdivision (c) of Section 13955, who is the primary caretaker of a minor victim whose claim is not denied or reduced pursuant to Section 13956 in a total amount not to exceed ten thousand dollars ($10,000) for not more than two derivative victims.
(B)The following persons may be reimbursed for the expense of their outpatient mental health counseling in an amount not to exceed five thousand dollars ($5,000):
(i)A derivative victim not eligible for reimbursement pursuant to subparagraph (A), provided that mental health counseling of a derivative victim described in paragraph (5) of subdivision (c) of Section 13955, shall be reimbursed only if that counseling is necessary for the treatment of the victim.
(ii)A minor who suffers emotional injury as a direct result of witnessing a violent crime and who is not eligible for reimbursement of the costs of outpatient mental health counseling under any other provision of this chapter. To be eligible for reimbursement under this clause, the minor must have been in close proximity to the victim when he or she witnessed the crime.
(C)The board may reimburse a victim or derivative victim for outpatient mental health counseling in excess of that authorized by subparagraph (A) or (B) or for inpatient psychiatric, psychological, or other mental health counseling if the claim is based on dire or exceptional circumstances that require more extensive treatment, as approved by the board.
(D)Expenses for psychiatric, psychological, or other mental health counseling-related services may be reimbursed only if the services were provided by either of the following individuals:
(i)A person who would have been authorized to provide those services pursuant to former Article 1 (commencing with Section 13959) as it read on January 1, 2002.
(ii)A person who is licensed in California to provide those services, or who is properly supervised by a person who is licensed in California to provide those services, subject to the boards approval and subject to the limitations and restrictions the board may impose.
(3)Subject to the limitations set forth in Section 13957.5, authorize 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. If the victim or derivative victim requests that the board give priority to reimbursement of loss of income or support, the board may not pay medical expenses, or mental health counseling expenses, except upon the request of the victim or derivative victim or after determining that payment of these expenses will not decrease the funds available for payment of loss of income or support.
(4)Authorize a cash payment to or on behalf of the victim for job retraining or similar employment-oriented services.
(5)Reimburse the expense of installing or increasing residential security, not to exceed one thousand dollars ($1,000). Installing or increasing residential security may include, but need not be limited to, both of the following:
(A)Home security device or system.
(B)Replacing or increasing the number of locks.
(6)Reimburse the expense of renovating or retrofitting a victims residence, or the expense of modifying or purchasing a vehicle, to make the residence or the vehicle accessible or operational by a victim upon verification that the expense is medically necessary for a victim who is permanently disabled as a direct result of the crime, whether the disability is partial or total.
(7)(A)Authorize a cash payment or reimbursement not to exceed two thousand dollars ($2,000) to a victim for expenses incurred in relocating, if the expenses are determined by law enforcement to be necessary for the personal safety of the victim or by a mental health treatment provider to be necessary for the emotional well-being of the victim. For purposes of this paragraph, expenses incurred in relocating may include a pet deposit and additional rent required if the victim has a pet.
(B)The cash payment or reimbursement made under this paragraph shall only be awarded to one claimant per crime giving rise to the relocation. The board may authorize more than one relocation per crime if necessary for the personal safety or emotional well-being of the claimant. However, the total cash payment or reimbursement for all relocations due to the same crime shall not exceed two thousand dollars ($2,000). For purposes of this paragraph a claimant is the crime victim, or, if the victim is deceased, a person who resided with the deceased at the time of the crime.
(C)The board may, under compelling circumstances, award a second cash payment or reimbursement to a victim for another crime if both of the following conditions are met:
(i)The crime occurs more than three years from the date of the crime giving rise to the initial relocation cash payment or reimbursement.
(ii)The crime does not involve the same offender.
(D)When a relocation payment or reimbursement is provided to a victim of sexual assault or domestic violence and the identity of the offender is known to the victim, the victim shall agree not to inform the offender of the location of the victims new residence and not to allow the offender on the premises at any time, or shall agree to seek a restraining order against the offender. A victim may be required to repay the relocation payment or reimbursement to the board if he or she violates the terms set forth in this paragraph.
(E)Notwithstanding subparagraphs (A) and (B), the board may increase the cash payment or reimbursement for expenses incurred in relocating to an amount greater than two thousand dollars ($2,000), if the board finds this amount is appropriate due to the unusual, dire, or exceptional circumstances of a particular claim.
(F)If a security deposit or pet deposit, or both, is required for relocation, the board shall be named as the recipient and receive the funds upon expiration of the victims rental agreement.
(8)When a victim dies as a result of a crime, the board may reimburse any an individual who voluntarily, and without anticipation of personal gain, pays or assumes the obligation to pay any of the following expenses:
(A)The medical expenses incurred as a direct result of the crime in an amount not to exceed the rates or limitations established by the board.
(B)The funeral and burial expenses incurred as a direct result of the crime, not to exceed seven thousand five hundred dollars ($7,500). The board shall not create or comply with a regulation or policy that mandates a lower maximum potential amount of an award pursuant to this subparagraph for less than seven thousand five hundred dollars ($7,500).
(9)When the crime occurs in a residence or inside a vehicle, the board may reimburse any an individual who voluntarily, and without anticipation of personal gain, pays or assumes the obligation to pay the reasonable costs to clean the scene of the crime in an amount not to exceed one thousand dollars ($1,000). Services reimbursed pursuant to this subdivision shall be performed by persons registered with the State Department of Public Health as trauma scene waste practitioners in accordance with Chapter 9.5 (commencing with Section 118321) of Part 14 of Division 104 of the Health and Safety Code.
(10)When the crime is a violation of Section 600.2 or 600.5 of the Penal Code, the board may reimburse the expense of veterinary services, replacement costs, medical or medical-related expenses of, and loss of wages or income incurred by, the disabled person, or other reasonable expenses, as ordered by the court pursuant to Section 600.2 or 600.5 of the Penal Code, in an amount not to exceed ten thousand dollars ($10,000).
(11)An award of compensation pursuant to paragraph (5) of subdivision (f) of Section 13955 shall be limited to compensation to provide mental health counseling and shall not limit the eligibility of a victim for an award that he or she may be otherwise entitled to receive under this part. A derivative victim shall not be eligible for compensation under this provision.
(b)The total award to or on behalf of each victim or derivative victim may not exceed thirty-five thousand dollars ($35,000), except that this award may be increased to an amount not exceeding seventy thousand dollars ($70,000) if federal funds for that increase are available.
SEC. 1.3.Section 13957 of the Government Code is amended to read:13957.(a)The board may grant for pecuniary loss, when the board determines it will best aid the person seeking compensation, as follows:
(1)Subject to the limitations set forth in Section 13957.2, reimburse the amount of medical or medical-related expenses incurred by the victim for services that were provided by a licensed medical provider, including, but not limited to, eyeglasses, hearing aids, dentures, or any prosthetic device taken, lost, or destroyed during the commission of the crime, or the use of which became necessary as a direct result of the crime.
(2)Subject to the limitations set forth in Section 13957.2, reimburse the amount of outpatient psychiatric, psychological, or other mental health counseling-related expenses incurred by the victim or derivative victim, including peer counseling services provided by a rape crisis center sexual assault services program, as defined by Section 13837 of the Penal Code, and including family psychiatric, psychological, or mental health counseling for the successful treatment of the victim provided to family members of the victim in the presence of the victim, whether or not the family member relationship existed at the time of the crime, that became necessary as a direct result of the crime, subject to the following conditions:
(A)The following persons may be reimbursed for the expense of their outpatient mental health counseling in an amount not to exceed ten thousand dollars ($10,000):
(i)A victim.
(ii)A derivative victim who is the surviving parent, grandparent, sibling, child, grandchild, spouse, fiance, or fiancee of a victim of a crime that directly resulted in the death of the victim.
(iii)A derivative victim, as described in paragraphs (1) to (4), inclusive, of subdivision (c) of Section 13955, who is the primary caretaker of a minor victim whose claim is not denied or reduced pursuant to Section 13956 in a total amount not to exceed ten thousand dollars ($10,000) for not more than two derivative victims.
(B)The following persons may be reimbursed for the expense of their outpatient mental health counseling in an amount not to exceed five thousand dollars ($5,000):
(i)A derivative victim not eligible for reimbursement pursuant to subparagraph (A), provided that mental health counseling of a derivative victim described in paragraph (5) of subdivision (c) of Section 13955, shall be reimbursed only if that counseling is necessary for the treatment of the victim.
(ii)A minor who suffers emotional injury as a direct result of witnessing a violent crime and who is not eligible for reimbursement of the costs of outpatient mental health counseling under any other provision of this chapter. To be eligible for reimbursement under this clause, the minor must have been in close proximity to the victim when he or she witnessed the crime.
(C)The board may reimburse a victim or derivative victim for outpatient mental health counseling in excess of that authorized by subparagraph (A) or (B) or for inpatient psychiatric, psychological, or other mental health counseling if the claim is based on dire or exceptional circumstances that require more extensive treatment, as approved by the board.
(D)Expenses for psychiatric, psychological, or other mental health counseling-related services may be reimbursed only if the services were provided by either of the following individuals:
(i)A person who would have been authorized to provide those services pursuant to former Article 1 (commencing with Section 13959) as it read on January 1, 2002.
(ii)A person who is licensed in California to provide those services, or who is properly supervised by a person who is licensed in California to provide those services, subject to the boards approval and subject to the limitations and restrictions the board may impose.
(3)Subject to the limitations set forth in Section 13957.5, authorize 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. If the victim or derivative victim requests that the board give priority to reimbursement of loss of income or support, the board may not pay medical expenses, or mental health counseling expenses, except upon the request of the victim or derivative victim or after determining that payment of these expenses will not decrease the funds available for payment of loss of income or support.
(4)Authorize a cash payment to or on behalf of the victim for job retraining or similar employment-oriented services.
(5)Reimburse the expense of installing or increasing residential security, not to exceed one thousand dollars ($1,000). Installing or increasing residential security may include, but need not be limited to, both of the following:
(A)Home security device or system.
(B)Replacing or increasing the number of locks.
(6)Reimburse the expense of renovating or retrofitting a victims residence, or the expense of modifying or purchasing a vehicle, to make the residence or the vehicle accessible or operational by a victim upon verification that the expense is medically necessary for a victim who is permanently disabled as a direct result of the crime, whether the disability is partial or total.
(7)(A)Authorize a cash payment or reimbursement not to exceed two thousand dollars ($2,000) to a victim for expenses incurred in relocating, if the expenses are determined by law enforcement to be necessary for the personal safety of the victim or by a mental health treatment provider to be necessary for the emotional well-being of the victim. For purposes of this paragraph, expenses incurred in relocating may include the costs of temporary housing for pets of the victim, limited to three days of pet boarding at a maximum cost of forty dollars ($40) per day for all of the victims pets, and may include a pet deposit and additional rent required if the victim has a pet.
(B)The cash payment or reimbursement made under this paragraph shall only be awarded to one claimant per crime giving rise to the relocation. The board may authorize more than one relocation per crime if necessary for the personal safety or emotional well-being of the claimant. However, the total cash payment or reimbursement for all relocations due to the same crime shall not exceed two thousand dollars ($2,000). For purposes of this paragraph a claimant is the crime victim, or, if the victim is deceased, a person who resided with the deceased at the time of the crime.
(C)The board may, under compelling circumstances, award a second cash payment or reimbursement to a victim for another crime if both of the following conditions are met:
(i)The crime occurs more than three years from the date of the crime giving rise to the initial relocation cash payment or reimbursement.
(ii)The crime does not involve the same offender.
(D)When a relocation payment or reimbursement is provided to a victim of sexual assault or domestic violence and the identity of the offender is known to the victim, the victim shall agree not to inform the offender of the location of the victims new residence and not to allow the offender on the premises at any time, or shall agree to seek a restraining order against the offender. A victim may be required to repay the relocation payment or reimbursement to the board if he or she violates the terms set forth in this paragraph.
(E)Notwithstanding subparagraphs (A) and (B), the board may increase the cash payment or reimbursement for expenses incurred in relocating to an amount greater than two thousand dollars ($2,000), if the board finds this amount is appropriate due to the unusual, dire, or exceptional circumstances of a particular claim.
(F)If a security deposit or pet deposit, or both, is required for relocation, the board shall be named as the recipient and receive the funds upon expiration of the victims rental agreement.
(8)When a victim dies as a result of a crime, the board may reimburse any an individual who voluntarily, and without anticipation of personal gain, pays or assumes the obligation to pay any of the following expenses:
(A)The medical expenses incurred as a direct result of the crime in an amount not to exceed the rates or limitations established by the board.
(B)The funeral and burial expenses incurred as a direct result of the crime, not to exceed seven thousand five hundred dollars ($7,500). The board shall not create or comply with a regulation or policy that mandates a lower maximum potential amount of an award pursuant to this subparagraph for less than seven thousand five hundred dollars ($7,500).
(9)When the crime occurs in a residence or inside a vehicle, the board may reimburse any an individual who voluntarily, and without anticipation of personal gain, pays or assumes the obligation to pay the reasonable costs to clean the scene of the crime in an amount not to exceed one thousand dollars ($1,000). Services reimbursed pursuant to this subdivision shall be performed by persons registered with the State Department of Public Health as trauma scene waste practitioners in accordance with Chapter 9.5 (commencing with Section 118321) of Part 14 of Division 104 of the Health and Safety Code.
(10)When the crime is a violation of Section 600.2 or 600.5 of the Penal Code, the board may reimburse the expense of veterinary services, replacement costs, or other reasonable expenses, as ordered by the court pursuant to Section 600.2 or 600.5 of the Penal Code, in an amount not to exceed ten thousand dollars ($10,000).
(11)An award of compensation pursuant to paragraph (5) of subdivision (f) of Section 13955 shall be limited to compensation to provide mental health counseling and shall not limit the eligibility of a victim for an award that he or she may be otherwise entitled to receive under this part. A derivative victim shall not be eligible for compensation under this provision.
(b)The total award to or on behalf of each victim or derivative victim may not exceed thirty-five thousand dollars ($35,000), except that this award may be increased to an amount not exceeding seventy thousand dollars ($70,000) if federal funds for that increase are available.
SEC. 1.4.Section 13957 of the Government Code is amended to read:13957.(a)The board may grant for pecuniary loss, when the board determines it will best aid the person seeking compensation, as follows:
(1)Subject to the limitations set forth in Section 13957.2, reimburse the amount of medical or medical-related expenses incurred by the victim for services that were provided by a licensed medical provider, including, but not limited to, eyeglasses, hearing aids, dentures, or any prosthetic device taken, lost, or destroyed during the commission of the crime, or the use of which became necessary as a direct result of the crime.
(2)Subject to the limitations set forth in Section 13957.2, reimburse the amount of outpatient psychiatric, psychological, or other mental health counseling-related expenses incurred by the victim or derivative victim, including peer counseling services provided by a rape crisis center sexual assault services program, as defined by Section 13837 of the Penal Code, and including family psychiatric, psychological, or mental health counseling for the successful treatment of the victim provided to family members of the victim in the presence of the victim, whether or not the family member relationship existed at the time of the crime, that became necessary as a direct result of the crime, subject to the following conditions:
(A)The following persons may be reimbursed for the expense of their outpatient mental health counseling in an amount not to exceed ten thousand dollars ($10,000):
(i)A victim.
(ii)A derivative victim who is the surviving parent, grandparent, sibling, child, grandchild, spouse, fiance, or fiancee of a victim of a crime that directly resulted in the death of the victim.
(iii)A derivative victim, as described in paragraphs (1) to (4), inclusive, of subdivision (c) of Section 13955, who is the primary caretaker of a minor victim whose claim is not denied or reduced pursuant to Section 13956 in a total amount not to exceed ten thousand dollars ($10,000) for not more than two derivative victims.
(B)The following persons may be reimbursed for the expense of their outpatient mental health counseling in an amount not to exceed five thousand dollars ($5,000):
(i)A derivative victim not eligible for reimbursement pursuant to subparagraph (A), provided that mental health counseling of a derivative victim described in paragraph (5) of subdivision (c) of Section 13955, shall be reimbursed only if that counseling is necessary for the treatment of the victim.
(ii)A minor who suffers emotional injury as a direct result of witnessing a violent crime and who is not eligible for reimbursement of the costs of outpatient mental health counseling under any other provision of this chapter. To be eligible for reimbursement under this clause, the minor must have been in close proximity to the victim when he or she witnessed the crime.
(C)The board may reimburse a victim or derivative victim for outpatient mental health counseling in excess of that authorized by subparagraph (A) or (B) or for inpatient psychiatric, psychological, or other mental health counseling if the claim is based on dire or exceptional circumstances that require more extensive treatment, as approved by the board.
(D)Expenses for psychiatric, psychological, or other mental health counseling-related services may be reimbursed only if the services were provided by either of the following individuals:
(i)A person who would have been authorized to provide those services pursuant to former Article 1 (commencing with Section 13959) as it read on January 1, 2002.
(ii)A person who is licensed in California to provide those services, or who is properly supervised by a person who is licensed in California to provide those services, subject to the boards approval and subject to the limitations and restrictions the board may impose.
(3)Subject to the limitations set forth in Section 13957.5, authorize 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. If the qualifying crime is a violation of Section 236.1 of the Penal Code, the board may authorize 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, but not exceeding the amount set forth in Section 13957.5. If the victim or derivative victim requests that the board give priority to reimbursement of loss of income or support, the board may not pay medical expenses, or mental health counseling expenses, except upon the request of the victim or derivative victim or after determining that payment of these expenses will not decrease the funds available for payment of loss of income or support.
(4)Authorize a cash payment to or on behalf of the victim for job retraining or similar employment-oriented services.
(5)Reimburse the expense of installing or increasing residential security, not to exceed one thousand dollars ($1,000). Installing or increasing residential security may include, but need not be limited to, both of the following:
(A)Home security device or system.
(B)Replacing or increasing the number of locks.
(6)Reimburse the expense of renovating or retrofitting a victims residence, or the expense of modifying or purchasing a vehicle, to make the residence or the vehicle accessible or operational by a victim upon verification that the expense is medically necessary for a victim who is permanently disabled as a direct result of the crime, whether the disability is partial or total.
(7)(A)Authorize a cash payment or reimbursement not to exceed two thousand dollars ($2,000) to a victim for expenses incurred in relocating, if the expenses are determined by law enforcement to be necessary for the personal safety of the victim or by a mental health treatment provider to be necessary for the emotional well-being of the victim. For purposes of this paragraph, expenses incurred in relocating may include a pet deposit and additional rent required if the victim has a pet.
(B)The cash payment or reimbursement made under this paragraph shall only be awarded to one claimant per crime giving rise to the relocation. The board may authorize more than one relocation per crime if necessary for the personal safety or emotional well-being of the claimant. However, the total cash payment or reimbursement for all relocations due to the same crime shall not exceed two thousand dollars ($2,000). For purposes of this paragraph paragraph, a claimant is the crime victim, or, if the victim is deceased, a person who resided with the deceased at the time of the crime.
(C)The board may, under compelling circumstances, award a second cash payment or reimbursement to a victim for another crime if both of the following conditions are met:
(i)The crime occurs more than three years from the date of the crime giving rise to the initial relocation cash payment or reimbursement.
(ii)The crime does not involve the same offender.
(D)When a relocation payment or reimbursement is provided to a victim of sexual assault or domestic violence and the identity of the offender is known to the victim, the victim shall agree not to inform the offender of the location of the victims new residence and not to allow the offender on the premises at any time, or shall agree to seek a restraining order against the offender. A victim may be required to repay the relocation payment or reimbursement to the board if he or she violates the terms set forth in this paragraph.
(E)Notwithstanding subparagraphs (A) and (B), the board may increase the cash payment or reimbursement for expenses incurred in relocating to an amount greater than two thousand dollars ($2,000), if the board finds this amount is appropriate due to the unusual, dire, or exceptional circumstances of a particular claim.
(F)If a security deposit or pet deposit, or both, is required for relocation, the board shall be named as the recipient and receive the funds upon expiration of the victims rental agreement.
(8)When a victim dies as a result of a crime, the board may reimburse any an individual who voluntarily, and without anticipation of personal gain, pays or assumes the obligation to pay any of the following expenses:
(A)The medical expenses incurred as a direct result of the crime in an amount not to exceed the rates or limitations established by the board.
(B)The funeral and burial expenses incurred as a direct result of the crime, not to exceed seven thousand five hundred dollars ($7,500). The board shall not create or comply with a regulation or policy that mandates a lower maximum potential amount of an award pursuant to this subparagraph for less than seven thousand five hundred dollars ($7,500).
(9)When the crime occurs in a residence or inside a vehicle, the board may reimburse any an individual who voluntarily, and without anticipation of personal gain, pays or assumes the obligation to pay the reasonable costs to clean the scene of the crime in an amount not to exceed one thousand dollars ($1,000). Services reimbursed pursuant to this subdivision shall be performed by persons registered with the State Department of Public Health as trauma scene waste practitioners in accordance with Chapter 9.5 (commencing with Section 118321) of Part 14 of Division 104 of the Health and Safety Code.
(10)When the crime is a violation of Section 600.2 or 600.5 of the Penal Code, the board may reimburse the expense of veterinary services, replacement costs, medical or medical-related expenses of, and loss of wages or income incurred by, the disabled person, or other reasonable expenses, as ordered by the court pursuant to Section 600.2 or 600.5 of the Penal Code, in an amount not to exceed ten thousand dollars ($10,000).
(11)An award of compensation pursuant to paragraph (5) of subdivision (f) of Section 13955 shall be limited to compensation to provide mental health counseling and shall not limit the eligibility of a victim for an award that he or she may be otherwise entitled to receive under this part. A derivative victim shall not be eligible for compensation under this provision.
(b)The total award to or on behalf of each victim or derivative victim may not exceed thirty-five thousand dollars ($35,000), except that this award may be increased to an amount not exceeding seventy thousand dollars ($70,000) if federal funds for that increase are available.
SEC. 1.5.Section 13957 of the Government Code is amended to read:13957.(a)The board may grant for pecuniary loss, when the board determines it will best aid the person seeking compensation, as follows:
(1)Subject to the limitations set forth in Section 13957.2, reimburse the amount of medical or medical-related expenses incurred by the victim for services that were provided by a licensed medical provider, including, but not limited to, eyeglasses, hearing aids, dentures, or any prosthetic device taken, lost, or destroyed during the commission of the crime, or the use of which became necessary as a direct result of the crime.
(2)Subject to the limitations set forth in Section 13957.2, reimburse the amount of outpatient psychiatric, psychological, or other mental health counseling-related expenses incurred by the victim or derivative victim, including peer counseling services provided by a rape crisis center sexual assault services program, as defined by Section 13837 of the Penal Code, and including family psychiatric, psychological, or mental health counseling for the successful treatment of the victim provided to family members of the victim in the presence of the victim, whether or not the family member relationship existed at the time of the crime, that became necessary as a direct result of the crime, subject to the following conditions:
(A)The following persons may be reimbursed for the expense of their outpatient mental health counseling in an amount not to exceed ten thousand dollars ($10,000):
(i)A victim.
(ii)A derivative victim who is the surviving parent, grandparent, sibling, child, grandchild, spouse, fiance, or fiancee of a victim of a crime that directly resulted in the death of the victim.
(iii)A derivative victim, as described in paragraphs (1) to (4), inclusive, of subdivision (c) of Section 13955, who is the primary caretaker of a minor victim whose claim is not denied or reduced pursuant to Section 13956 in a total amount not to exceed ten thousand dollars ($10,000) for not more than two derivative victims.
(B)The following persons may be reimbursed for the expense of their outpatient mental health counseling in an amount not to exceed five thousand dollars ($5,000):
(i)A derivative victim not eligible for reimbursement pursuant to subparagraph (A), provided that mental health counseling of a derivative victim described in paragraph (5) of subdivision (c) of Section 13955, shall be reimbursed only if that counseling is necessary for the treatment of the victim.
(ii)A minor who suffers emotional injury as a direct result of witnessing a violent crime and who is not eligible for reimbursement of the costs of outpatient mental health counseling under any other provision of this chapter. To be eligible for reimbursement under this clause, the minor must have been in close proximity to the victim when he or she witnessed the crime.
(C)The board may reimburse a victim or derivative victim for outpatient mental health counseling in excess of that authorized by subparagraph (A) or (B) or for inpatient psychiatric, psychological, or other mental health counseling if the claim is based on dire or exceptional circumstances that require more extensive treatment, as approved by the board.
(D)Expenses for psychiatric, psychological, or other mental health counseling-related services may be reimbursed only if the services were provided by either of the following individuals:
(i)A person who would have been authorized to provide those services pursuant to former Article 1 (commencing with Section 13959) as it read on January 1, 2002.
(ii)A person who is licensed in California to provide those services, or who is properly supervised by a person who is licensed in California to provide those services, subject to the boards approval and subject to the limitations and restrictions the board may impose.
(3)Subject to the limitations set forth in Section 13957.5, authorize 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. If the qualifying crime is a violation of Section 236.1 of the Penal Code, the board may authorize 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, but not exceeding the amount set forth in Section 13957.5. If the victim or derivative victim requests that the board give priority to reimbursement of loss of income or support, the board may not pay medical expenses, or mental health counseling expenses, except upon the request of the victim or derivative victim or after determining that payment of these expenses will not decrease the funds available for payment of loss of income or support.
(4)Authorize a cash payment to or on behalf of the victim for job retraining or similar employment-oriented services.
(5)Reimburse the expense of installing or increasing residential security, not to exceed one thousand dollars ($1,000). Installing or increasing residential security may include, but need not be limited to, both of the following:
(A)Home security device or system.
(B)Replacing or increasing the number of locks.
(6)Reimburse the expense of renovating or retrofitting a victims residence, or the expense of modifying or purchasing a vehicle, to make the residence or the vehicle accessible or operational by a victim upon verification that the expense is medically necessary for a victim who is permanently disabled as a direct result of the crime, whether the disability is partial or total.
(7)(A)Authorize a cash payment or reimbursement not to exceed two thousand dollars ($2,000) to a victim for expenses incurred in relocating, if the expenses are determined by law enforcement to be necessary for the personal safety of the victim or by a mental health treatment provider to be necessary for the emotional well-being of the victim. For purposes of this paragraph, expenses incurred in relocating may include the costs of temporary housing for pets of the victim, limited to three days of pet boarding at a maximum cost of forty dollars ($40) per day for all of the victims pets, and may include a pet deposit and additional rent required if the victim has a pet.
(B)The cash payment or reimbursement made under this paragraph shall only be awarded to one claimant per crime giving rise to the relocation. The board may authorize more than one relocation per crime if necessary for the personal safety or emotional well-being of the claimant. However, the total cash payment or reimbursement for all relocations due to the same crime shall not exceed two thousand dollars ($2,000). For purposes of this paragraph paragraph, a claimant is the crime victim, or, if the victim is deceased, a person who resided with the deceased at the time of the crime.
(C)The board may, under compelling circumstances, award a second cash payment or reimbursement to a victim for another crime if both of the following conditions are met:
(i)The crime occurs more than three years from the date of the crime giving rise to the initial relocation cash payment or reimbursement.
(ii)The crime does not involve the same offender.
(D)When a relocation payment or reimbursement is provided to a victim of sexual assault or domestic violence and the identity of the offender is known to the victim, the victim shall agree not to inform the offender of the location of the victims new residence and not to allow the offender on the premises at any time, or shall agree to seek a restraining order against the offender. A victim may be required to repay the relocation payment or reimbursement to the board if he or she violates the terms set forth in this paragraph.
(E)Notwithstanding subparagraphs (A) and (B), the board may increase the cash payment or reimbursement for expenses incurred in relocating to an amount greater than two thousand dollars ($2,000), if the board finds this amount is appropriate due to the unusual, dire, or exceptional circumstances of a particular claim.
(F)If a security deposit or pet deposit, or both, is required for relocation, the board shall be named as the recipient and receive the funds upon expiration of the victims rental agreement.
(8)When a victim dies as a result of a crime, the board may reimburse any an individual who voluntarily, and without anticipation of personal gain, pays or assumes the obligation to pay any of the following expenses:
(A)The medical expenses incurred as a direct result of the crime in an amount not to exceed the rates or limitations established by the board.
(B)The funeral and burial expenses incurred as a direct result of the crime, not to exceed seven thousand five hundred dollars ($7,500). The board shall not create or comply with a regulation or policy that mandates a lower maximum potential amount of an award pursuant to this subparagraph for less than seven thousand five hundred dollars ($7,500).
(9)When the crime occurs in a residence or inside a vehicle, the board may reimburse any an individual who voluntarily, and without anticipation of personal gain, pays or assumes the obligation to pay the reasonable costs to clean the scene of the crime in an amount not to exceed one thousand dollars ($1,000). Services reimbursed pursuant to this subdivision shall be performed by persons registered with the State Department of Public Health as trauma scene waste practitioners in accordance with Chapter 9.5 (commencing with Section 118321) of Part 14 of Division 104 of the Health and Safety Code.
(10)When the crime is a violation of Section 600.2 or 600.5 of the Penal Code, the board may reimburse the expense of veterinary services, replacement costs, or other reasonable expenses, as ordered by the court pursuant to Section 600.2 or 600.5 of the Penal Code, in an amount not to exceed ten thousand dollars ($10,000).
(11)An award of compensation pursuant to paragraph (5) of subdivision (f) of Section 13955 shall be limited to compensation to provide mental health counseling and shall not limit the eligibility of a victim for an award that he or she may be otherwise entitled to receive under this part. A derivative victim shall not be eligible for compensation under this provision.
(b)The total award to or on behalf of each victim or derivative victim may not exceed thirty-five thousand dollars ($35,000), except that this award may be increased to an amount not exceeding seventy thousand dollars ($70,000) if federal funds for that increase are available.
SEC. 1.6.Section 13957 of the Government Code is amended to read:13957.(a)The board may grant for pecuniary loss, when the board determines it will best aid the person seeking compensation, as follows:
(1)Subject to the limitations set forth in Section 13957.2, reimburse the amount of medical or medical-related expenses incurred by the victim for services that were provided by a licensed medical provider, including, but not limited to, eyeglasses, hearing aids, dentures, or any prosthetic device taken, lost, or destroyed during the commission of the crime, or the use of which became necessary as a direct result of the crime.
(2)Subject to the limitations set forth in Section 13957.2, reimburse the amount of outpatient psychiatric, psychological, or other mental health counseling-related expenses incurred by the victim or derivative victim, including peer counseling services provided by a rape crisis center sexual assault services program, as defined by Section 13837 of the Penal Code, and including family psychiatric, psychological, or mental health counseling for the successful treatment of the victim provided to family members of the victim in the presence of the victim, whether or not the family member relationship existed at the time of the crime, that became necessary as a direct result of the crime, subject to the following conditions:
(A)The following persons may be reimbursed for the expense of their outpatient mental health counseling in an amount not to exceed ten thousand dollars ($10,000):
(i)A victim.
(ii)A derivative victim who is the surviving parent, grandparent, sibling, child, grandchild, spouse, fiance, or fiancee of a victim of a crime that directly resulted in the death of the victim.
(iii)A derivative victim, as described in paragraphs (1) to (4), inclusive, of subdivision (c) of Section 13955, who is the primary caretaker of a minor victim whose claim is not denied or reduced pursuant to Section 13956 in a total amount not to exceed ten thousand dollars ($10,000) for not more than two derivative victims.
(B)The following persons may be reimbursed for the expense of their outpatient mental health counseling in an amount not to exceed five thousand dollars ($5,000):
(i)A derivative victim not eligible for reimbursement pursuant to subparagraph (A), provided that mental health counseling of a derivative victim described in paragraph (5) of subdivision (c) of Section 13955, shall be reimbursed only if that counseling is necessary for the treatment of the victim.
(ii)A minor who suffers emotional injury as a direct result of witnessing a violent crime and who is not eligible for reimbursement of the costs of outpatient mental health counseling under any other provision of this chapter. To be eligible for reimbursement under this clause, the minor must have been in close proximity to the victim when he or she witnessed the crime.
(C)The board may reimburse a victim or derivative victim for outpatient mental health counseling in excess of that authorized by subparagraph (A) or (B) or for inpatient psychiatric, psychological, or other mental health counseling if the claim is based on dire or exceptional circumstances that require more extensive treatment, as approved by the board.
(D)Expenses for psychiatric, psychological, or other mental health counseling-related services may be reimbursed only if the services were provided by either of the following individuals:
(i)A person who would have been authorized to provide those services pursuant to former Article 1 (commencing with Section 13959) as it read on January 1, 2002.
(ii)A person who is licensed in California to provide those services, or who is properly supervised by a person who is licensed in California to provide those services, subject to the boards approval and subject to the limitations and restrictions the board may impose.
(3)Subject to the limitations set forth in Section 13957.5, authorize 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. If the victim or derivative victim requests that the board give priority to reimbursement of loss of income or support, the board may not pay medical expenses, or mental health counseling expenses, except upon the request of the victim or derivative victim or after determining that payment of these expenses will not decrease the funds available for payment of loss of income or support.
(4)Authorize a cash payment to or on behalf of the victim for job retraining or similar employment-oriented services.
(5)Reimburse the expense of installing or increasing residential security, not to exceed one thousand dollars ($1,000). Installing or increasing residential security may include, but need not be limited to, both of the following:
(A)Home security device or system.
(B)Replacing or increasing the number of locks.
(6)Reimburse the expense of renovating or retrofitting a victims residence, or the expense of modifying or purchasing a vehicle, to make the residence or the vehicle accessible or operational by a victim upon verification that the expense is medically necessary for a victim who is permanently disabled as a direct result of the crime, whether the disability is partial or total.
(7)(A)Authorize a cash payment or reimbursement not to exceed two thousand dollars ($2,000) to a victim for expenses incurred in relocating, if the expenses are determined by law enforcement to be necessary for the personal safety of the victim or by a mental health treatment provider to be necessary for the emotional well-being of the victim. For purposes of this paragraph, expenses incurred in relocating may include the costs of temporary housing for pets of the victim, limited to three days of pet boarding at a maximum cost of forty dollars ($40) per day for all of the victims pets, and may include a pet deposit and additional rent required if the victim has a pet.
(B)The cash payment or reimbursement made under this paragraph shall only be awarded to one claimant per crime giving rise to the relocation. The board may authorize more than one relocation per crime if necessary for the personal safety or emotional well-being of the claimant. However, the total cash payment or reimbursement for all relocations due to the same crime shall not exceed two thousand dollars ($2,000). For purposes of this paragraph a claimant is the crime victim, or, if the victim is deceased, a person who resided with the deceased at the time of the crime.
(C)The board may, under compelling circumstances, award a second cash payment or reimbursement to a victim for another crime if both of the following conditions are met:
(i)The crime occurs more than three years from the date of the crime giving rise to the initial relocation cash payment or reimbursement.
(ii)The crime does not involve the same offender.
(D)When a relocation payment or reimbursement is provided to a victim of sexual assault or domestic violence and the identity of the offender is known to the victim, the victim shall agree not to inform the offender of the location of the victims new residence and not to allow the offender on the premises at any time, or shall agree to seek a restraining order against the offender. A victim may be required to repay the relocation payment or reimbursement to the board if he or she violates the terms set forth in this paragraph.
(E)Notwithstanding subparagraphs (A) and (B), the board may increase the cash payment or reimbursement for expenses incurred in relocating to an amount greater than two thousand dollars ($2,000), if the board finds this amount is appropriate due to the unusual, dire, or exceptional circumstances of a particular claim.
(F)If a security deposit or pet deposit, or both, is required for relocation, the board shall be named as the recipient and receive the funds upon expiration of the victims rental agreement.
(8)When a victim dies as a result of a crime, the board may reimburse any an individual who voluntarily, and without anticipation of personal gain, pays or assumes the obligation to pay any of the following expenses:
(A)The medical expenses incurred as a direct result of the crime in an amount not to exceed the rates or limitations established by the board.
(B)The funeral and burial expenses incurred as a direct result of the crime, not to exceed seven thousand five hundred dollars ($7,500). The board shall not create or comply with a regulation or policy that mandates a lower maximum potential amount of an award pursuant to this subparagraph for less than seven thousand five hundred dollars ($7,500).
(9)When the crime occurs in a residence or inside a vehicle, the board may reimburse any an individual who voluntarily, and without anticipation of personal gain, pays or assumes the obligation to pay the reasonable costs to clean the scene of the crime in an amount not to exceed one thousand dollars ($1,000). Services reimbursed pursuant to this subdivision shall be performed by persons registered with the State Department of Public Health as trauma scene waste practitioners in accordance with Chapter 9.5 (commencing with Section 118321) of Part 14 of Division 104 of the Health and Safety Code.
(10)When the crime is a violation of Section 600.2 or 600.5 of the Penal Code, the board may reimburse the expense of veterinary services, replacement costs, medical or medical-related expenses of, and loss of wages or income incurred by, the disabled person, or other reasonable expenses, as ordered by the court pursuant to Section 600.2 or 600.5 of the Penal Code, in an amount not to exceed ten thousand dollars ($10,000).
(11)An award of compensation pursuant to paragraph (5) of subdivision (f) of Section 13955 shall be limited to compensation to provide mental health counseling and shall not limit the eligibility of a victim for an award that he or she may be otherwise entitled to receive under this part. A derivative victim shall not be eligible for compensation under this provision.
(b)The total award to or on behalf of each victim or derivative victim may not exceed thirty-five thousand dollars ($35,000), except that this award may be increased to an amount not exceeding seventy thousand dollars ($70,000) if federal funds for that increase are available.
SEC. 1.7.Section 13957 of the Government Code is amended to read:13957.(a)The board may grant for pecuniary loss, when the board determines it will best aid the person seeking compensation, as follows:
(1)Subject to the limitations set forth in Section 13957.2, reimburse the amount of medical or medical-related expenses incurred by the victim for services that were provided by a licensed medical provider, including, but not limited to, eyeglasses, hearing aids, dentures, or any prosthetic device taken, lost, or destroyed during the commission of the crime, or the use of which became necessary as a direct result of the crime.
(2)Subject to the limitations set forth in Section 13957.2, reimburse the amount of outpatient psychiatric, psychological, or other mental health counseling-related expenses incurred by the victim or derivative victim, including peer counseling services provided by a rape crisis center sexual assault services program, as defined by Section 13837 of the Penal Code, and including family psychiatric, psychological, or mental health counseling for the successful treatment of the victim provided to family members of the victim in the presence of the victim, whether or not the family member relationship existed at the time of the crime, that became necessary as a direct result of the crime, subject to the following conditions:
(A)The following persons may be reimbursed for the expense of their outpatient mental health counseling in an amount not to exceed ten thousand dollars ($10,000):
(i)A victim.
(ii)A derivative victim who is the surviving parent, grandparent, sibling, child, grandchild, spouse, fiance, or fiancee of a victim of a crime that directly resulted in the death of the victim.
(iii)A derivative victim, as described in paragraphs (1) to (4), inclusive, of subdivision (c) of Section 13955, who is the primary caretaker of a minor victim whose claim is not denied or reduced pursuant to Section 13956 in a total amount not to exceed ten thousand dollars ($10,000) for not more than two derivative victims.
(B)The following persons may be reimbursed for the expense of their outpatient mental health counseling in an amount not to exceed five thousand dollars ($5,000):
(i)A derivative victim not eligible for reimbursement pursuant to subparagraph (A), provided that mental health counseling of a derivative victim described in paragraph (5) of subdivision (c) of Section 13955, shall be reimbursed only if that counseling is necessary for the treatment of the victim.
(ii)A minor who suffers emotional injury as a direct result of witnessing a violent crime and who is not eligible for reimbursement of the costs of outpatient mental health counseling under any other provision of this chapter. To be eligible for reimbursement under this clause, the minor must have been in close proximity to the victim when he or she witnessed the crime.
(C)The board may reimburse a victim or derivative victim for outpatient mental health counseling in excess of that authorized by subparagraph (A) or (B) or for inpatient psychiatric, psychological, or other mental health counseling if the claim is based on dire or exceptional circumstances that require more extensive treatment, as approved by the board.
(D)Expenses for psychiatric, psychological, or other mental health counseling-related services may be reimbursed only if the services were provided by either of the following individuals:
(i)A person who would have been authorized to provide those services pursuant to former Article 1 (commencing with Section 13959) as it read on January 1, 2002.
(ii)A person who is licensed in California to provide those services, or who is properly supervised by a person who is licensed in California to provide those services, subject to the boards approval and subject to the limitations and restrictions the board may impose.
(3)Subject to the limitations set forth in Section 13957.5, authorize 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. If the qualifying crime is a violation of Section 236.1 of the Penal Code, the board may authorize 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, but not exceeding the amount set forth in Section 13957.5. If the victim or derivative victim requests that the board give priority to reimbursement of loss of income or support, the board may not pay medical expenses, or mental health counseling expenses, except upon the request of the victim or derivative victim or after determining that payment of these expenses will not decrease the funds available for payment of loss of income or support.
(4)Authorize a cash payment to or on behalf of the victim for job retraining or similar employment-oriented services.
(5)Reimburse the expense of installing or increasing residential security, not to exceed one thousand dollars ($1,000). Installing or increasing residential security may include, but need not be limited to, both of the following:
(A)Home security device or system.
(B)Replacing or increasing the number of locks.
(6)Reimburse the expense of renovating or retrofitting a victims residence, or the expense of modifying or purchasing a vehicle, to make the residence or the vehicle accessible or operational by a victim upon verification that the expense is medically necessary for a victim who is permanently disabled as a direct result of the crime, whether the disability is partial or total.
(7)(A)Authorize a cash payment or reimbursement not to exceed two thousand dollars ($2,000) to a victim for expenses incurred in relocating, if the expenses are determined by law enforcement to be necessary for the personal safety of the victim or by a mental health treatment provider to be necessary for the emotional well-being of the victim. For purposes of this paragraph, expenses incurred in relocating may include the costs of temporary housing for pets of the victim, limited to three days of pet boarding at a maximum cost of forty dollars ($40) per day for all of the victims pets, and may include a pet deposit and additional rent required if the victim has a pet.
(B)The cash payment or reimbursement made under this paragraph shall only be awarded to one claimant per crime giving rise to the relocation. The board may authorize more than one relocation per crime if necessary for the personal safety or emotional well-being of the claimant. However, the total cash payment or reimbursement for all relocations due to the same crime shall not exceed two thousand dollars ($2,000). For purposes of this paragraph paragraph, a claimant is the crime victim, or, if the victim is deceased, a person who resided with the deceased at the time of the crime.
(C)The board may, under compelling circumstances, award a second cash payment or reimbursement to a victim for another crime if both of the following conditions are met:
(i)The crime occurs more than three years from the date of the crime giving rise to the initial relocation cash payment or reimbursement.
(ii)The crime does not involve the same offender.
(D)When a relocation payment or reimbursement is provided to a victim of sexual assault or domestic violence and the identity of the offender is known to the victim, the victim shall agree not to inform the offender of the location of the victims new residence and not to allow the offender on the premises at any time, or shall agree to seek a restraining order against the offender. A victim may be required to repay the relocation payment or reimbursement to the board if he or she violates the terms set forth in this paragraph.
(E)Notwithstanding subparagraphs (A) and (B), the board may increase the cash payment or reimbursement for expenses incurred in relocating to an amount greater than two thousand dollars ($2,000), if the board finds this amount is appropriate due to the unusual, dire, or exceptional circumstances of a particular claim.
(F)If a security deposit or pet deposit, or both, is required for relocation, the board shall be named as the recipient and receive the funds upon expiration of the victims rental agreement.
(8)When a victim dies as a result of a crime, the board may reimburse any an individual who voluntarily, and without anticipation of personal gain, pays or assumes the obligation to pay any of the following expenses:
(A)The medical expenses incurred as a direct result of the crime in an amount not to exceed the rates or limitations established by the board.
(B)The funeral and burial expenses incurred as a direct result of the crime, not to exceed seven thousand five hundred dollars ($7,500). The board shall not create or comply with a regulation or policy that mandates a lower maximum potential amount of an award pursuant to this subparagraph for less than seven thousand five hundred dollars ($7,500).
(9)When the crime occurs in a residence or inside a vehicle, the board may reimburse any an individual who voluntarily, and without anticipation of personal gain, pays or assumes the obligation to pay the reasonable costs to clean the scene of the crime in an amount not to exceed one thousand dollars ($1,000). Services reimbursed pursuant to this subdivision shall be performed by persons registered with the State Department of Public Health as trauma scene waste practitioners in accordance with Chapter 9.5 (commencing with Section 118321) of Part 14 of Division 104 of the Health and Safety Code.
(10)When the crime is a violation of Section 600.2 or 600.5 of the Penal Code, the board may reimburse the expense of veterinary services, replacement costs, medical or medical-related expenses of, and loss of wages or income incurred by, the disabled person, or other reasonable expenses, as ordered by the court pursuant to Section 600.2 or 600.5 of the Penal Code, in an amount not to exceed ten thousand dollars ($10,000).
(11)An award of compensation pursuant to paragraph (5) of subdivision (f) of Section 13955 shall be limited to compensation to provide mental health counseling and shall not limit the eligibility of a victim for an award that he or she may be otherwise entitled to receive under this part. A derivative victim shall not be eligible for compensation under this provision.
(b)The total award to or on behalf of each victim or derivative victim may not exceed thirty-five thousand dollars ($35,000), except that this award may be increased to an amount not exceeding seventy thousand dollars ($70,000) if federal funds for that increase are available.
SEC. 2.(a)Section 1.1 of this bill incorporates amendments to Section 13957 of the Government Code proposed by both this bill and Assembly Bill 900. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 13957 of the Government Code, (3) Assembly Bill 1865 and Assembly Bill 1939 are not enacted or, as enacted, do not amend that section, and (4) this bill is enacted after Assembly Bill 900, in which case Sections 1, 1.2, 1.3, 1.4, 1.5, 1.6, and 1.7 of this bill shall not become operative.
(b)Section 1.2 of this bill incorporates amendments to Section 13957 of the Government Code proposed by both this bill and Assembly Bill 1865. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 13957 of the Government Code, (3) Assembly Bill 900 and Assembly Bill 1939 are not enacted or, as enacted, do not amend that section, and (4) this bill is enacted after Assembly Bill 1865, in which case Sections 1, 1.1, 1.3, 1.4, 1.5, 1.6, and 1.7 of this bill shall not become operative.
(c)Section 1.3 of this bill incorporates amendments to Section 13957 of the Government Code proposed by this bill and Assembly Bill 1939. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 13957 of the Government Code, (3) Assembly Bill 900 and Assembly Bill 1865 are not enacted or, as enacted, do not amend that section, and (4) this bill is enacted after Assembly Bill 1939, in which case Sections 1, 1.1, 1.2, 1.4, 1.5, 1.6, and 1.7 of this bill shall not become operative.
(d)Section 1.4 of this bill incorporates amendments to Section 13957 of the Government Code proposed by this bill, Assembly Bill 900, and Assembly Bill 1865. That section shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2019, (2) all three bills amend Section 13957 of the Government Code, (3) Assembly Bill 1939 is not enacted or, as enacted, does not amend that section, and (4) this bill is enacted after Assembly Bill 900 and Assembly Bill 1865, in which case Sections 1, 1.1, 1.2, 1.3, 1.5, 1.6, and 1.7 of this bill shall not become operative.
(e)Section 1.5 of this bill incorporates amendments to Section 13957 of the Government Code proposed by this bill, Assembly Bill 900, and Assembly Bill 1939. That section shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2019, (2) all three bills amend Section 13957 of the Government Code, (3) Assembly Bill 1865 is not enacted or, as enacted, does not amend that section, and (4) this bill is enacted after Assembly Bill 900 and Assembly Bill 1939, in which case Sections 1, 1.1, 1.2, 1.3, 1.4, 1.6, and 1.7 of this bill shall not become operative.
(f)Section 1.6 of this bill incorporates amendments to Section 13957 of the Government Code proposed by this bill, Assembly Bill 1865, and Assembly Bill 1939. That section shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2019, (2) all three bills amend Section 13957 of the Government Code, (3) Assembly Bill 900 is not enacted or, as enacted, does not amend that section, and (4) this bill is enacted after Assembly Bill 1865 and Assembly Bill 1939, in which case Sections 1, 1.1, 1.2, 1.3, 1.4, 1.5, and 1.7 of this bill shall not become operative.
(g)Section 1.7 of this bill incorporates amendments to Section 13957 of the Government Code proposed by this bill, Assembly Bill 900, Assembly Bill 1865, and Assembly Bill 1939. That section shall only become operative if (1) all four bills are enacted and become effective on or before January 1, 2019, (2) all four bills amend Section 13957 of the Government Code, and (3) this bill is enacted after Assembly Bill 900, Assembly Bill 1865, and Assembly Bill 1939, in which case Sections 1, 1.1, 1.2, 1.3, 1.4, 1.5, and 1.6 of this bill shall not become operative.
(a)The board may grant for pecuniary loss, when the board determines it will best aid the person seeking compensation, as follows:
(1)Subject to the limitations set forth in Section 13957.2, reimburse the amount of medical or medical-related expenses incurred by the victim for services that were provided by a licensed medical provider, including, but not limited to, eyeglasses, hearing aids, dentures, or any prosthetic device taken, lost, or destroyed during the commission of the crime, or the use of which became necessary as a direct result of the crime.
(2)Subject to the limitations set forth in Section 13957.2, reimburse the amount of outpatient psychiatric, psychological, or other mental health counseling-related expenses incurred by the victim or derivative victim, including peer counseling services provided by a rape crisis center sexual assault services program, as defined by Section 13837 of the Penal Code, and including family psychiatric, psychological, or mental health counseling for the successful treatment of the victim provided to family members of the victim in the presence of the victim, whether or not the family member relationship existed at the time of the crime, that became necessary as a direct result of the crime, subject to the following conditions:
(A)The following persons may be reimbursed for the expense of their outpatient mental health counseling in an amount not to exceed ten thousand dollars ($10,000):
(i)A victim.
(ii)A derivative victim who is the surviving parent, grandparent, sibling, child, grandchild, spouse, fiance, or fiancee of a victim of a crime that directly resulted in the death of the victim.
(iii)A derivative victim, as described in paragraphs (1) to (4), inclusive, of subdivision (c) of Section 13955, who is the primary caretaker of a minor victim whose claim is not denied or reduced pursuant to Section 13956 in a total amount not to exceed ten thousand dollars ($10,000) for not more than two derivative victims.
(B)The following persons may be reimbursed for the expense of their outpatient mental health counseling in an amount not to exceed five thousand dollars ($5,000):
(i)A derivative victim not eligible for reimbursement pursuant to subparagraph (A), provided that mental health counseling of a derivative victim described in paragraph (5) of subdivision (c) of Section 13955, shall be reimbursed only if that counseling is necessary for the treatment of the victim.
(ii)A minor who suffers emotional injury as a direct result of witnessing a violent crime and who is not eligible for reimbursement of the costs of outpatient mental health counseling under any other provision of this chapter. To be eligible for reimbursement under this clause, the minor must have been in close proximity to the victim when he or she witnessed the crime.
(C)The board may reimburse a victim or derivative victim for outpatient mental health counseling in excess of that authorized by subparagraph (A) or (B) or for inpatient psychiatric, psychological, or other mental health counseling if the claim is based on dire or exceptional circumstances that require more extensive treatment, as approved by the board.
(D)Expenses for psychiatric, psychological, or other mental health counseling-related services may be reimbursed only if the services were provided by either of the following individuals:
(i)A person who would have been authorized to provide those services pursuant to former Article 1 (commencing with Section 13959) as it read on January 1, 2002.
(ii)A person who is licensed in California to provide those services, or who is properly supervised by a person who is licensed in California to provide those services, subject to the boards approval and subject to the limitations and restrictions the board may impose.
(3)Subject to the limitations set forth in Section 13957.5, authorize 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. If the victim or derivative victim requests that the board give priority to reimbursement of loss of income or support, the board may not pay medical expenses, or mental health counseling expenses, except upon the request of the victim or derivative victim or after determining that payment of these expenses will not decrease the funds available for payment of loss of income or support.
(4)Authorize a cash payment to or on behalf of the victim for job retraining or similar employment-oriented services.
(5)Reimburse the expense of installing or increasing residential security, not to exceed one thousand dollars ($1,000). Installing or increasing residential security may include, but need not be limited to, both of the following:
(A)Home security device or system.
(B)Replacing or increasing the number of locks.
(6)Reimburse the expense of renovating or retrofitting a victims residence, or the expense of modifying or purchasing a vehicle, to make the residence or the vehicle accessible or operational by a victim upon verification that the expense is medically necessary for a victim who is permanently disabled as a direct result of the crime, whether the disability is partial or total.
(7)(A)Authorize a cash payment or reimbursement not to exceed two thousand dollars ($2,000) to a victim for expenses incurred in relocating, if the expenses are determined by law enforcement to be necessary for the personal safety of the victim or by a mental health treatment provider to be necessary for the emotional well-being of the victim. For purposes of this paragraph, expenses incurred in relocating may include a pet deposit and additional rent required if the victim has a pet.
(B)The cash payment or reimbursement made under this paragraph shall only be awarded to one claimant per crime giving rise to the relocation. The board may authorize more than one relocation per crime if necessary for the personal safety or emotional well-being of the claimant. However, the total cash payment or reimbursement for all relocations due to the same crime shall not exceed two thousand dollars ($2,000). For purposes of this paragraph a claimant is the crime victim, or, if the victim is deceased, a person who resided with the deceased at the time of the crime.
(C)The board may, under compelling circumstances, award a second cash payment or reimbursement to a victim for another crime if both of the following conditions are met:
(i)The crime occurs more than three years from the date of the crime giving rise to the initial relocation cash payment or reimbursement.
(ii)The crime does not involve the same offender.
(D)When a relocation payment or reimbursement is provided to a victim of sexual assault or domestic violence and the identity of the offender is known to the victim, the victim shall agree not to inform the offender of the location of the victims new residence and not to allow the offender on the premises at any time, or shall agree to seek a restraining order against the offender. A victim may be required to repay the relocation payment or reimbursement to the board if he or she violates the terms set forth in this paragraph.
(E)Notwithstanding subparagraphs (A) and (B), the board may increase the cash payment or reimbursement for expenses incurred in relocating to an amount greater than two thousand dollars ($2,000), if the board finds this amount is appropriate due to the unusual, dire, or exceptional circumstances of a particular claim.
(F)If a security deposit or pet deposit, or both, is required for relocation, the board shall be named as the recipient and receive the funds upon expiration of the victims rental agreement.
(8)When a victim dies as a result of a crime, the board may reimburse any an individual who voluntarily, and without anticipation of personal gain, pays or assumes the obligation to pay any of the following expenses:
(A)The medical expenses incurred as a direct result of the crime in an amount not to exceed the rates or limitations established by the board.
(B)The funeral and burial expenses incurred as a direct result of the crime, not to exceed seven thousand five hundred dollars ($7,500). The board shall not create or comply with a regulation or policy that mandates a lower maximum potential amount of an award pursuant to this subparagraph for less than seven thousand five hundred dollars ($7,500).
(9)When the crime occurs in a residence or inside a vehicle, the board may reimburse any an individual who voluntarily, and without anticipation of personal gain, pays or assumes the obligation to pay the reasonable costs to clean the scene of the crime in an amount not to exceed one thousand dollars ($1,000). Services reimbursed pursuant to this subdivision shall be performed by persons registered with the State Department of Public Health as trauma scene waste practitioners in accordance with Chapter 9.5 (commencing with Section 118321) of Part 14 of Division 104 of the Health and Safety Code.
(10)When the crime is a violation of Section 600.2 or 600.5 of the Penal Code, the board may reimburse the expense of veterinary services, replacement costs, or other reasonable expenses, as ordered by the court pursuant to Section 600.2 or 600.5 of the Penal Code, in an amount not to exceed ten thousand dollars ($10,000).
(11)An award of compensation pursuant to paragraph (5) of subdivision (f) of Section 13955 shall be limited to compensation to provide mental health counseling and shall not limit the eligibility of a victim for an award that he or she may be otherwise entitled to receive under this part. A derivative victim shall not be eligible for compensation under this provision.
(b)The total award to or on behalf of each victim or derivative victim may not exceed thirty-five thousand dollars ($35,000), except that this award may be increased to an amount not exceeding seventy thousand dollars ($70,000) if federal funds for that increase are available.
|
Date
|
Status
|
|---|---|
| Sep 28, 2018 | In Senate. Consideration of Governor's veto pending. |
| Sep 28, 2018 | Vetoed by the Governor. |
| Sep 5, 2018 | Enrolled and presented to the Governor at 3:30 p.m. |
| Aug 28, 2018 | Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling. |
| Aug 28, 2018 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 27, 2018 | Read third time. Passed. Ordered to the Senate. |
| Aug 23, 2018 | Read third time and amended. |
| Aug 20, 2018 | Read second time. Ordered to third reading. |
| Aug 16, 2018 | From committee: Do pass. (Ayes 16. Noes 0.) (August 16). |
| Jun 27, 2018 | June 27 set for first hearing. Placed on APPR. suspense file. |
| Jun 12, 2018 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0.) (June 12). Re-referred to Com. on APPR. |
| Apr 30, 2018 | Referred to Com. on PUB. S. |
| Apr 23, 2018 | In Assembly. Read first time. Held at Desk. |
| Apr 23, 2018 | Read third time. Passed. (Ayes 38. Noes 0.) Ordered to the Assembly. |
| Apr 17, 2018 | Read second time. Ordered to third reading. |
| Apr 16, 2018 | From committee: Do pass. (Ayes 7. Noes 0.) (April 16). |
| Apr 9, 2018 | Set for hearing April 16. |
| Apr 3, 2018 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 6. Noes 0.) (April 3). Re-referred to Com. on APPR. |
| Mar 6, 2018 | Set for hearing April 3. |
| Feb 14, 2018 | Referred to Com. on PUB. S. |
| Feb 7, 2018 | From printer. May be acted upon on or after March 9. |
| Feb 6, 2018 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 28, 2018 | Unfinished Business SB1005 Atkins et al. Concurrence | Senate Floor |
Passed |
|
| Aug 27, 2018 | SB 1005 Atkins Senate Third Reading By WALDRON | Assembly Floor |
Passed |
|
| Aug 16, 2018 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 12, 2018 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Public Safety |
Passed |
|
| Apr 23, 2018 | Senate 3rd Reading SB1005 Atkins et al. | Senate Floor |
Passed |
|
| Apr 16, 2018 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 3, 2018 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Best Friends Animal Society | ** Support | Oct 2, 2018 |
| California Animal Control Directors Association | ** Support | Oct 2, 2018 |
| California Partnership To End Domestic Violence | ** Support | Jun 11, 2018 |
| Next Door Solutions | ** Support | Oct 2, 2018 |
| RedRover | ** Support | Oct 2, 2018 |
| San Diego Humane Society | ** Support | Oct 2, 2018 |
| San Francisco Spca | ** Support | Jun 11, 2018 |
| State Humane Association of California | ** Support | Oct 2, 2018 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 1005 |
VETO
Bill No: SB 1005
Amended: 8/23/18
SENATE PUBLIC SAFETY COMMITTEE: 6-0, 4/3/18
AYES: Skinner, Bradford, Jackson, Mitchell, Stone, Wiener
NO VOTE RECORDED: Anderson
SENATE APPROPRIATIONS COMMITTEE: 7-0, 4/16/18
AYES: Lara, Bates, Beall, Bradford, Hill, Nielsen, Wiener
SENATE FLOOR: 38-0, 4/23/18
AYES: Allen, Anderson, Atkins, Bates, Beall, Berryhill, Bradford, Cannella, De León, Dodd, Fuller, Gaines, Galgiani, Glazer, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mitchell, Monning, Moorlach, Newman, Nguyen, Nielsen, Pan, Portantino, Roth, Skinner, Stern, Stone, Vidak, Wieckowski, Wiener, Wilk
NO VOTE RECORDED: Morrell
SENATE FLOOR: 39-0, 8/28/18
AYES: Allen, Anderson, Atkins, Bates, Beall, Bradford, Cannella, Chang, De León, Delgado, Dodd, Fuller, Gaines, Galgiani, Glazer, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Portantino, Roth, Skinner, Stern, Stone, Vidak, Wieckowski, Wiener, Wilk
NO VOTE RECORDED: Berryhill
ASSEMBLY FLOOR: 76-0, 8/27/18 - See last page for vote
SUBJECT: Crime victim compensation: relocation expenses: pet costs
SOURCE: American Society for the Prevention of Cruelty to Animals
California Partnership to End Domestic Violence
DIGEST:
This bill expands “expenses incurred in relocating” to include the pet deposit and additional rent for which a victim may receive compensation from the California Victim Compensation Board (CalVCB).
Existing law:
- Requires CalVCB to provide compensations to victims and derivative victims of specified types of crimes from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of those crimes. (Gov. Code § 13957, subd. (a).)
- Authorizes CalVCB to grant cash payment or reimbursement, when the board determines it will best aid the person with medical or medical-related expenses that became necessary as a direct result of the crime, subject to the following conditions: including licensed medical provider services, mental health counseling, and sexual assault services. (Gov. Code § 13957, subd. (a)(1)(2).):
- Authorizes cash payment or reimbursement not to exceed $2,000 to a victim for expenses incurred in relocating, if the expenses are determined by law enforcement to be necessary for the personal safety of the victim or by a mental health treatment provider to be necessary for the emotional well-being of the victim. (Gov. Code § 13957, subd. (a)(7)(A).)
- States that if a security deposit is required for relocation, CalVCB shall be named as the recipient and receive the funds upon expiration of the victim’s rental agreement. (Gov. Code § 13957, subd. (a)(7)(F).)
This bill:
- Expands “expenses incurred in relocating” to include pet deposit and additional rent required if the victim has a pet.
- Includes pet deposit in the funds required for relocation, and upon expiration of a victim’s rental agreement, CalVCB shall be named the recipient of the funds.
- Includes chaptering out language.
Background
The author states: “Concern over the safety of pets can often delay domestic violence victims from seeking help, cause them to return to their abuser, or prevent them from seeking assistance entirely. A 2011 study of refuges for women who have experienced abuse found that more than a quarter of domestic violence victims stay in abusive relationships for a median time of two years in order to avoid leaving their pets behind. Perpetrators of domestic violence often threaten harm or bring actual harm to their victims’ pets in order to control their victims or keep them from leaving. In addition, pets can play a vital role in restoring a victim’s emotional well-being post-abuse.”
Studies confirm a significant association between engaging in animal abuse and perpetration of frequent and severe forms of intimate partner violence. When domestic abuse survivors own pets, abusers may use threats or acts of violence to further control the survivor. In a study conducted with domestic violence shelter residents, 19% of individuals witnessed their abusers threatening their pet, 17% reported their abuser harmed their animal, and 4% witnessed their abusers kill their pet. Concern for family pet welfare may be an obstacle to survivor’s seeking safety. Some survivors may stay in abusive environments rather than surrender their animals and subject them to further maltreatment. Across various surveys, between 18% and 48% of survivors delay leaving a dangerous situation out of concern for their pet’s safety.
CalVCB helps pay bills and expenses that result from violent crime. The board aids a number of individuals who have been victims of crimes such as assault, child abuse, domestic violence, homicide, hate crimes, robbery, and more. CalVCB may help pay for expenses related to a crime including medical and dental treatment, mental health services, income loss, home or vehicle modifications, relocation, and more. The board limits relocation payment or reimbursement to $2,000 per household. If CalVCB pay for the security and/or pet deposit for relocation, upon expiration of the victim’s rental agreement, existing law states that those funds will be returned to the board (Gov. Code § 13957, subd. (a)(7)(F).) CalVCB informed the Senate Public Safety Committee that pet deposits are already covered in expenses incurred during relocation; this bill codifies this in state statute.
The Legislative Analyst’s Office (LAO) has informed Assembly Public Safety Committee that restitution fund revenue is depleting and that the fund is facing insolvency. Based on budget documents the LAO has provided this committee with the following figures regarding the financial status of the CalVCP:
Restitution Fund (in thousands) | FY 2014-15 | FY 2015-16 | FY 2016-17 | FY 2017-18 (estimated) | FY 2018-19 (projected) |
Adjusted Beginning Balance | $76,765 | $85,759 | $86,789 | $68,530 | $48,434 |
Revenues | $102,292 | $96,433 | $87,177 | $70,704 | $68,138 |
Expenditures | $93,301 | $122,092 | $105,439 | $90,801 | $90,823 |
Net Revenue | $8,991 | ($25,659) | ($18,262) | ($20,097) | ($22,685) |
Fund Balance | $85,756 | $60,100 | $68,527 | $48,433 | $25,749 |
While this bill does not increase the total amount a victim can be reimbursed by CalVCP ($70,000), it does provide for payment by the board for a new type of expense. Does it make sense to increase services while revenue is depleting and there are concerns about insolvency?
AB 1939 (Steinorth, 2018) and AB 1865 (Lackey, 2018) are two bills concerning animal abuse that are currently passing through the Legislature. AB 1939 is similar to SB 1005 (Atkins) as it also expanded eligible uses of victim’s compensation to include recourses for pets. As stated previously, CalVCB provides compensation to victims and derivative victims for specified types of crimes from the Restitution Fund, for specified losses suffered as a result of those crimes. Assemblymember Steinorth’s bill expanded “expenses used for relocation” to include the costs of temporary housing for pets of the victim upon immediate relocation. Furthermore, Assemblymember Lackey’s AB 1865 bill addressed injury and death inflicted on a guide, signal, or services dogs, and deleted the requirement that dogs must be discharged of their duties at the time of the injury or death, to constitute a crime (Pen. Code § 600.2, subd. (a).) AB 1865 authorized CalVCB to pay compensation for expenses incurred by the person with a disability as a direct result of the criminal violation.
FISCAL EFFECT: Appropriation: Yes Fiscal Com.: Yes Local: No
According to the Assembly Appropriations Committee, unknown, potentially significant costs (Restitution Fund and federal funds) to CalVCB to pay relocations expenses related to pets, as authorized by this bill. For example, if 1,150 victims (half of the current claimants for relocation expenses) are reimbursed $250 each, total reimbursement for pet relocation will be $287,500 annually. In addition, it is possible some victims choose not to relocate because of difficulties relocating with a pet. To the extent more victims with pets choose to relocate as a result of this bill, costs will be higher. While some of the reimbursements required under this bill are currently allowed by CalVCB administrative decisions, putting these requirements into statute will remove CalVCB’s flexibility to reduce or eliminate such reimbursements in the future, thus resulting in potential state costs.
American Society for the Prevention of Cruelty to Animals (co-source)
California Animal Control Directors Association (co-source)
Best Friends Animal Society
Next Door Solutions
RedRover
San Diego Humane Society
San Francisco Society for the Prevention of Cruelty to Animals
State Humane Association of California
OPPOSITION: (Verified 10/1/18)
None received
GOVERNOR'S VETO MESSAGE:
I am returning Senate Bill 1005 without my signature.
This bill would require that compensation provided by the California Victims Compensation Board for relocation expenses include pet deposits and additional rent if the victim has a pet.
The Board currently provides compensation for these purposes. Other specific costs that are included within compensable relocation expenses are not individually enumerated in the authorizing statute. I don't see any need to do so now.
ASSEMBLY FLOOR: 76-0, 8/27/18
AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rivas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Waldron, Weber, Wood, Rendon
NO VOTE RECORDED: Choi, Melendez, Obernolte, Voepel
Prepared by: Elle Chen / PUB. S. / , Stella Choe / PUB. S. /
10/2/18 14:30:10
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
UNFINISHED BUSINESS
Bill No: SB 1005
:
SENATE PUBLIC SAFETY COMMITTEE: 6-0, 4/3/18
AYES: Skinner, Bradford, Jackson, Mitchell, Stone, Wiener
NO VOTE RECORDED: Anderson
SENATE APPROPRIATIONS COMMITTEE: 7-0, 4/16/18
AYES: Lara, Bates, Beall, Bradford, Hill, Nielsen, Wiener
SENATE FLOOR: 38-0, 4/23/18
AYES: Allen, Anderson, Atkins, Bates, Beall, Berryhill, Bradford, Cannella, De León, Dodd, Fuller, Gaines, Galgiani, Glazer, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mitchell, Monning, Moorlach, Newman, Nguyen, Nielsen, Pan, Portantino, Roth, Skinner, Stern, Stone, Vidak, Wieckowski, Wiener, Wilk
NO VOTE RECORDED: Morrell
ASSEMBLY FLOOR: 76-0, 8/27/18 - See last page for vote
SOURCE: American Society for the Prevention of Cruelty to Animals
California Partnership to End Domestic Violence
DIGEST:
This bill expands “expenses incurred in relocating” to include the pet deposit and additional rent for which a victim may receive compensation from the California Victim Compensation Board (CalVCB).
Assembly Amendments
make conflict and chaptering out amendments.
Existing law:
- Requires CalVCB to provide compensations to victims and derivative victims of specified types of crimes from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of those crimes. (Gov. Code § 13957, subd. (a).)
- Authorizes CalVCB to grant cash payment or reimbursement, when the board determines it will best aid the person with medical or medical-related expenses that became necessary as a direct result of the crime, subject to the following conditions: including licensed medical provider services, mental health counseling, and sexual assault services. (Gov. Code § 13957, subd. (a)(1)(2).):
- Authorizes cash payment or reimbursement not to exceed $2,000 to a victim for expenses incurred in relocating, if the expenses are determined by law enforcement to be necessary for the personal safety of the victim or by a mental health treatment provider to be necessary for the emotional well-being of the victim. (Gov. Code § 13957, subd. (a)(7)(A).)
- States that if a security deposit is required for relocation, CalVCB shall be named as the recipient and receive the funds upon expiration of the victim’s rental agreement. (Gov. Code § 13957, subd. (a)(7)(F).)
This bill:
- Expands “expenses incurred in relocating” to include pet deposit and additional rent required if the victim has a pet.
- Includes pet deposit in the funds required for relocation, and upon expiration of a victim’s rental agreement, CalVCB shall be named the recipient of the funds.
- Includes chaptering out language.
Background
The author states: “Concern over the safety of pets can often delay domestic violence victims from seeking help, cause them to return to their abuser, or prevent them from seeking assistance entirely. A 2011 study of refuges for women who have experienced abuse found that more than a quarter of domestic violence victims stay in abusive relationships for a median time of two years in order to avoid leaving their pets behind. Perpetrators of domestic violence often threaten harm or bring actual harm to their victims’ pets in order to control their victims or keep them from leaving. In addition, pets can play a vital role in restoring a victim’s emotional well-being post-abuse.”
Studies confirm a significant association between engaging in animal abuse and perpetration of frequent and severe forms of intimate partner violence. When domestic abuse survivors own pets, abusers may use threats or acts of violence to further control the survivor. In a study conducted with domestic violence shelter residents, 19% of individuals witnessed their abusers threatening their pet, 17% reported their abuser harmed their animal, and 4% witnessed their abusers kill their pet. Concern for family pet welfare may be an obstacle to survivor’s seeking safety. Some survivors may stay in abusive environments rather than surrender their animals and subject them to further maltreatment. Across various surveys, between 18% and 48% of survivors delay leaving a dangerous situation out of concern for their pet’s safety.
CalVCB helps pay bills and expenses that result from violent crime. The board aids a number of individuals who have been victims of crimes such as assault, child abuse, domestic violence, homicide, hate crimes, robbery, and more. CalVCB may help pay for expenses related to a crime including medical and dental treatment, mental health services, income loss, home or vehicle modifications, relocation, and more. The board limits relocation payment or reimbursement to $2,000 per household. If CalVCB pay for the security and/or pet deposit for relocation, upon expiration of the victim’s rental agreement, existing law states that those funds will be returned to the board (Gov. Code § 13957, subd. (a)(7)(F).) CalVCB informed the Senate Public Safety Committee that pet deposits are already covered in expenses incurred during relocation; this bill codifies this in state statute.
The Legislative Analyst’s Office (LAO) has informed Assembly Public Safety Committee that restitution fund revenue is depleting and that the fund is facing insolvency. Based on budget documents the LAO has provided this committee with the following figures regarding the financial status of the CalVCP:
Restitution Fund (in thousands) | FY 2014-15 | FY 2015-16 | FY 2016-17 | FY 2017-18 (estimated) | FY 2018-19 (projected) |
Adjusted Beginning Balance | $76,765 | $85,759 | $86,789 | $68,530 | $48,434 |
Revenues | $102,292 | $96,433 | $87,177 | $70,704 | $68,138 |
Expenditures | $93,301 | $122,092 | $105,439 | $90,801 | $90,823 |
Net Revenue | $8,991 | ($25,659) | ($18,262) | ($20,097) | ($22,685) |
Fund Balance | $85,756 | $60,100 | $68,527 | $48,433 | $25,749 |
While this bill does not increase the total amount a victim can be reimbursed by CalVCP ($70,000), it does provide for payment by the board for a new type of expense. Does it make sense to increase services while revenue is depleting and there are concerns about insolvency?
AB 1939 (Steinorth, 2018) and AB 1865 (Lackey, 2018) are two bills concerning animal abuse that are currently passing through the Legislature. AB 1939 is similar to SB 1005 (Atkins) as it also expands eligible uses of victim’s compensation to include recourses for pets. As stated previously, CalVCB provides compensation to victims and derivative victims for specified types of crimes from the Restitution Fund, for specified losses suffered as a result of those crimes. Assemblymember Steinorth’s bill expands “expenses used for relocation” to include the costs of temporary housing for pets of the victim upon immediate relocation. Furthermore, Assemblymember Lackey’s AB 1865 bill addresses injury and death inflicted on a guide, signal, or services dogs, and deleted the requirement that dogs must be discharged of their duties at the time of the injury or death, to constitute a crime (Pen. Code § 600.2, subd. (a).) AB 1865 authorizes CalVCB to pay compensation for expenses incurred by the person with a disability as a direct result of the criminal violation.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Assembly Appropriations Committee, unknown, potentially significant costs (Restitution Fund and federal funds) to CalVCB to pay relocations expenses related to pets, as authorized by this bill. For example, if 1,150 victims (half of the current claimants for relocation expenses) are reimbursed $250 each, total reimbursement for pet relocation will be $287,500 annually. In addition, it is possible some victims choose not to relocate because of difficulties relocating with a pet. To the extent more victims with pets choose to relocate as a result of this bill, costs will be higher. While some of the reimbursements required under this bill are currently allowed by CalVCB administrative decisions, putting these requirements into statute will remove CalVCB’s flexibility to reduce or eliminate such reimbursements in the future, thus resulting in potential state costs.
Best Friends Animal Society
California Animal Control Directors Association
Next Door Solutions
RedRover
San Diego Humane Society
San Francisco Society for the Prevention of Cruelty to Animals
State Humane Association of California
OPPOSITION: (Verified 8/27/18)
None received
ASSEMBLY FLOOR: 76-0, 8/27/18
AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rivas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Waldron, Weber, Wood, Rendon
NO VOTE RECORDED: Choi, Melendez, Obernolte, Voepel
8/28/18 9:36:34
**** END ****
SENATE THIRD READING
STR Bill Id:SB 1005
Author:(Atkins)
As Introduced Ver:August 23, 2018
2/3 vote
SENATE VOTE: 38-0
Committee | Votes | Ayes | Noes |
Public Safety | 7-0 | Jones-Sawyer, Lackey, Carrillo, McCarty, Kiley, Quirk, Weber |
|
Appropriations | 16-0 | Gonzalez Fletcher, Bigelow, Bloom, Bonta, Brough, Calderon, Carrillo, Chau, Eggman, Fong, Friedman, Gallagher, Eduardo Garcia, Nazarian, Quirk, Reyes |
|
SUMMARY: Authorizes the California Victim Compensation Board (board) to compensate a crime victim for a pet deposit and additional rent required if the victim has a pet. Specifically, this bill:
- Expands "expenses incurred in relocating" to include pet deposit and additional rent required if the victim has a pet.
- Includes pet deposit in the funds required for relocation, and upon expiration of a victim's rental agreement, VCB shall be named the recipient of the funds.
EXISTING LAW:
- Establishes the board to operate the California Victim Compensation Program (CalVCP).
- Provides than an application for compensation shall be filed with the board in the manner determined by the board.
- Authorizes the board to reimburse for pecuniary loss for the following types of losses:
- Medical or medical-related expenses incurred by the victim for services provided by a licensed medical provider;
- Out-patient psychiatric, psychological or other mental health counseling-related expenses incurred by the victim or derivative victim, including peer counseling services;
- 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 victim's injury or the victim's death,
- Cash payment to, or on behalf of, the victim for job retraining or similar employment-oriented services;
- The expense of installing or increasing residential security, not to exceed $1,000;
- The expense of renovating or retrofitting a victim's residence or vehicle to make them accessible or operational, if it is medically necessary;
- Relocation expenses up to $2,000 if the expenses are determined by law enforcement to be necessary for the victim's personal safety, or by a mental health treatment provider to be necessary for the emotional well-being of the victim; and,
- Funeral or burial expenses.
- States that if a security deposit is required for relocation, the board shall be named as the recipient and receive the funds upon expiration of the victim's rental agreement.
- Limits the total award to or on behalf of each victim or derivative victim to $70,000.
FISCAL EFFECT: According to the Assembly Appropriations Committee, unknown, potentially significant costs (Restitution Fund and federal funds) to CalVCB to pay relocations expenses related to pets, as authorized by this bill. For example, if 1,150 victims (half of the current claimants for relocation expenses) are reimbursed $250 each, total reimbursement for pet relocation will be $287,500 annually. In addition, it is possible some victims choose not to relocate because of difficulties relocating with a pet. To the extent more victims with pets choose to relocate as a result of this bill, costs will be higher. While some of the reimbursements required under this bill are currently allowed by CalVCB administrative decisions, putting these requirements into statute will remove CalVCB's flexibility to reduce or eliminate such reimbursements in the future, thus resulting in potential state costs.
COMMENTS: According to the author, ''SB 1005 will help victims of domestic violence leave their abusive environment by reducing the financial costs associated with escaping domestic violence with their pet, who is often an important source of comfort and support.''
Please see the policy committee analysis for a full discussion of this bill.
Analysis Prepared by: Sandy Uribe / PUB. S. / (916) 319-3744 FN: 0004488
SENATE THIRD READING
STR Bill Id:SB 1005
Author:(Atkins)
As Introduced Ver:February 6, 2018
2/3 vote
SENATE VOTE: 38-0
Committee | Votes | Ayes | Noes |
Public Safety | 7-0 | Jones-Sawyer, Lackey, Carrillo, McCarty, Kiley, Quirk, Weber | |
Appropriations | 16-0 | Gonzalez Fletcher, Bigelow, Bloom, Bonta, Brough, Calderon, Carrillo, Chau, Eggman, Fong, Friedman, Gallagher, Eduardo Garcia, Nazarian, Quirk, Reyes |
|
SUMMARY: Authorizes the California Victim Compensation Board (board) to compensate a crime victim for a pet deposit and additional rent required if the victim has a pet. Specifically, this bill:
- Expands "expenses incurred in relocating" to include pet deposit and additional rent required if the victim has a pet.
- Includes pet deposit in the funds required for relocation, and upon expiration of a victim's rental agreement, VCB shall be named the recipient of the funds.
EXISTING LAW:
- Establishes the board to operate the California Victim Compensation Program (CalVCP).
- Provides than an application for compensation shall be filed with the board in the manner determined by the board.
- Authorizes the board to reimburse for pecuniary loss for the following types of losses:
- Medical or medical-related expenses incurred by the victim for services provided by a licensed medical provider;
- Out-patient psychiatric, psychological or other mental health counseling-related expenses incurred by the victim or derivative victim, including peer counseling services;
- 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 victim's injury or the victim's death,
- Cash payment to, or on behalf of, the victim for job retraining or similar employment-oriented services;
- The expense of installing or increasing residential security, not to exceed $1,000;
- The expense of renovating or retrofitting a victim's residence or vehicle to make them accessible or operational, if it is medically necessary;
- Relocation expenses up to $2,000 if the expenses are determined by law enforcement to be necessary for the victim's personal safety, or by a mental health treatment provider to be necessary for the emotional well-being of the victim; and,
- Funeral or burial expenses.
- States that if a security deposit is required for relocation, the board shall be named as the recipient and receive the funds upon expiration of the victim's rental agreement.
- Limits the total award to or on behalf of each victim or derivative victim to $70,000.
FISCAL EFFECT: According to the Assembly Appropriations Committee, unknown, potentially significant costs (Restitution Fund and federal funds) to CalVCB to pay relocations expenses related to pets, as authorized by this bill. For example, if 1,150 victims (half of the current claimants for relocation expenses) are reimbursed $250 each, total reimbursement for pet relocation will be $287,500 annually. In addition, it is possible some victims choose not to relocate because of difficulties relocating with a pet. To the extent more victims with pets choose to relocate as a result of this bill, costs will be higher. While some of the reimbursements required under this bill are currently allowed by CalVCB administrative decisions, putting these requirements into statute will remove CalVCB's flexibility to reduce or eliminate such reimbursements in the future, thus resulting in potential state costs.
COMMENTS: According to the author, ''SB 1005 will help victims of domestic violence leave their abusive environment by reducing the financial costs associated with escaping domestic violence with their pet, who is often an important source of comfort and support.''
Please see the policy committee analysis for a full discussion of this bill.
Analysis Prepared by: Sandy Uribe / PUB. S. / (916) 319-3744 FN: 0004085
Date of Hearing: June 27, 2018
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
SBPCA Bill Id:SB 1005
Author:(Atkins) – As Introduced Ver:February 6, 2018
Policy Committee: | Public Safety | Vote: | 7 - 0 |
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill adds pet deposits and additional rent required, if the victim has a pet, to the list of allowable relocation expenses that are reimbursable by the California Victim Compensation Board (CalVCB)’s victim compensation program. Reimbursements authorized by this bill are included in the existing limit of $2,000 on relocation expenses.
FISCAL EFFECT:
Unknown, potentially significant costs (Restitution Fund and federal funds) to CalVCB to pay relocations expenses related to pets, as authorized by this bill. For example, if 1,150 victims (half of the current claimants for relocation expenses) are reimbursed $250 each, total reimbursement for pet relocation will be $287,500 annually. In addition, it is possible some victims choose not to relocate because of difficulties relocating with a pet. To the extent more victims with pets choose to relocate as a result of this bill, costs will be higher. While some of the reimbursements required under this bill are currently allowed by CalVCB administrative decisions, putting these requirements into statute will remove CalVCB’s flexibility to reduce or eliminate such reimbursements in the future, thus resulting in potential state costs.
COMMENTS:
- Background. Victims of domestic violence are often threatened by their abusers with harm to themselves or their loved ones, including pets. Roughly half of all female victims report threats made against their pets. Currently, CalVCB will reimburse relocation expenses for a victim, up to $2,000 each. However, certain pet-related relocation expenses are not explicitly allowed under existing law.
- Purpose. According to the author:
SB 1005 will help victims of domestic violence leave their abusive environment by reducing the financial costs associated with escaping domestic violence with their pet, who is often an important source of comfort and support.
- Restitution Fund experiencing shortfall. The Restitution Fund receives funding from restitution funds, fees, and penalties paid by criminal offenders. Similar to many funds supported by criminal fines and fees, the Restitution Fund has experienced declining revenues in recent years. In 2015-16, the Restitution Fund developed a structural shortfall—a situation where expenditures from the account exceed revenues. This shortfall has persisted since that time and is projected to continue into the future. If the structural shortfall continues, the Restitution Fund will face insolvency in the coming years, which will require either increased revenues or reduced expenditures.
- Related Legislation. AB 1939 (Steinorth), of the current legislative session, will include temporary pet boarding expenses as allowable relocation expenses reimbursable by CalVCB. AB 1939 is pending hearing in Senate Public Safety Committee.
Analysis Prepared by: Jessica Peters / APPR. / (916) 319-2081
Date of Hearing: June 12, 2018
Counsel: Sandy Uribe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
SBPCA Bill Id:SB 1005
Author:(Atkins) – As Introduced Ver:February 6, 2018
SUMMARY: Authorizes the California Victim Compensation Board (board) to compensate a crime victim for a pet deposit and additional rent required if the victim has a pet. Specifically, this bill:
- Expands “expenses incurred in relocating” to include pet deposit and additional rent required if the victim has a pet.
- Includes pet deposit in the funds required for relocation, and upon expiration of a victim’s rental agreement, VCB shall be named the recipient of the funds.
EXISTING LAW:
- Establishes the board to operate the California Victim Compensation Program (CalVCP). (Gov. Code, § 13950 et. seq.)
- Provides than an application for compensation shall be filed with the board in the manner determined by the board. (Gov. Code, § 13952, subd. (a).)
- Authorizes the board to reimburse for pecuniary loss for the following types of losses:
- Medical or medical-related expenses incurred by the victim for services provided by a licensed medical provider;
- Out-patient psychiatric, psychological or other mental health counseling-related expenses incurred by the victim or derivative victim, including peer counseling services;
- 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 victim’s injury or the victim’s death,
- Cash payment to, or on behalf of, the victim for job retraining or similar employment-oriented services;
- The expense of installing or increasing residential security, not to exceed $1,000;
- The expense of renovating or retrofitting a victim’s residence or vehicle to make them accessible or operational, if it is medically necessary;
- Relocation expenses up to $2,000 if the expenses are determined by law enforcement to be necessary for the victim's personal safety, or by a mental health treatment provider to be necessary for the emotional well-being of the victim; and,
- Funeral or burial expenses. (Gov. Code, §§ 13957, subd. (a) & 13957.5, subd. (a).)
- Medical or medical-related expenses incurred by the victim for services provided by a licensed medical provider;
- States that if a security deposit is required for relocation, the board shall be named as the recipient and receive the funds upon expiration of the victim’s rental agreement. (Gov. Code, § 13957, subd. (a)(7)(F).)
- Limits the total award to or on behalf of each victim or derivative victim to $70,000. (Gov. Code, §§ 13957, subd. (b), & 13957.5, subd. (b).)
FISCAL EFFECT: Unknown.
COMMENTS:
- Author's Statement: According to the author, “SB 1005 will help victims of domestic violence leave their abusive environment by reducing the financial costs associated with escaping domestic violence with their pet, who is often an important source of comfort and support.”
- CalVCP: The CalVCP provides compensation for victims of violent crime, or more specifically those who have been physically injured or threatened with injury. It reimburses eligible victims for many crime-related expenses, such as medical treatment, mental health services, funeral expenses, and home security. Funding for the board comes from restitution fines and penalty assessments paid by criminal offenders, as well as from federal matching funds. (See board Website <http://www.vcgcb.ca.gov/board>.)
- Gap Analysis Report: In July 2015, the board issued the third in a series of reports which sought to determine the unmet needs of crime victims and barriers to services for crime victims. This final report outlined gaps in current services and compensation provided under CalVCP. (See Gap Analysis Report: California's Underserved Crime Victims and their Access to Victim Services and Compensation, July 2015, <http://vcgcb.ca.gov/victims/ovcgrant2013/deliverables/CalVCPGapAnalysis-OVCGrant2013.pdf >.) The report noted that the following unmet financial needs were among the more commonly identified by victims:
- Victims who received funeral and burial compensation stated that the actual cost of the services exceeded the CalVCP reimbursement limit.
- Victims stated that the amounts for relocation expenses were inadequate to cover the actual costs of relocation.
- Mental health providers stated that victims’ lack of access to transportation creates difficulty accessing mental health treatment.
- Victims and advocates noted that lack of access to transportation was a barrier to obtaining other needed services.
- Childcare expenses are not currently reimbursed by CalVCP, further limiting some victims’ access to medical or mental health services.
- Victims need to be reimbursed for lost wages for time taken from work to access services or attend crime-related appointments. (Id. at p. 7.)
This bill would provide that as part of relocation expenses, a victim may seek reimbursement for a pet deposit or increased rent due to owning a pet.
- Financial Condition of the CalVCP: The Legislative Analyst’s Office (LAO) has informed this committee that restitution fund revenue is depleting and that the fund is facing insolvency. Based on budget documents the LAO has provided this committee with the following figures regarding the financial status of the CalVCP[1]:
Restitution Fund (in thousands) | FY 2014-15 | FY 2015-16 | FY 2016-17 | FY 2017-18 (estimated) | FY 2018-19 (projected) |
Adjusted Beginning Balance | $76,765 | $85,759 | $86,789 | $68,530 | $48,434 |
Revenues | $102,292 | $96,433 | $87,177 | $70,704 | $68,138 |
Expenditures | $93,301 | $122,092 | $105,439 | $90,801 | $90,823 |
Net Revenue | $8,991 | ($25,659) | ($18,262) | ($20,097) | ($22,685) |
Fund Balance | $85,756 | $60,100 | $68,527 | $48,433 | $25,749 |
While this bill does not increase the total amount a victim can be reimbursed by CalVCP ($70,000), it does provide for payment by the board for a new type of expense. Does it make sense to increase services while revenue is depleting and there are concerns about insolvency?
- Argument in Support: The California Partnership to End Domestic Violence, a Co-sponsor of this bill, states, “This bill would strengthen support for survivors of violent crime that seek to protect and maintain their pets. In particular, SB 1005 would provide important financial assistance to victims of domestic violence given the significant connection between domestic violence and animal cruelty. Perpetrators of domestic violence often threaten harm or bring actual harm to their victims’ pets in order to control their victims or keep them from leaving. Concern over the safety of pets often delays domestic violence victims from seeking help, causes them to return to their abuser, or prevents them from seeking assistance entirely. For many violent crime survivors, pets are sources of comfort and provide strong emotional support. 95% of American pet owners consider their pets to be members of the family.
“In order to escape abuse, while protecting their pets, survivors of domestic abuse must necessarily identify alternative housing, but may lack the financial resources to relocate to appropriate accommodations. Financial abuse is a common tactic used by abusers to gain power and control in a relationship. Research indicates that financial abuse is experienced in 98% of abusive relationships. In many cases, landlords that are willing to accommodate pets often charge a ‘pet deposit’ and/or surplus rent as a condition of allowing pets. This additional cost may serve as a significant barrier to a victim’s relocation. By clarifying existing law to specify that ‘pet deposits’ and ‘pet rent’ are eligible relocation costs, these victims would have a source of financial support to remove themselves from a violent situation.” - Related Legislation:
- AB 900 (Gonzalez Fletcher) authorizes the board to provide compensation equal to loss of income or support to human trafficking victims, as specified. AB 900 is pending in the Senate Appropriations Committee.
- AB 1939 (Steinorth) includes temporary housing for the victim’s pets as part of relocation expenses which are reimbursable by the board. AB 1939 is pending referral by the Senate Rules Committee.
- SB 1232 (Bradford) requires an application for compensation to be filed within three years after the victim attains 21 years of age, instead of 18, except as specified. SB 1232 will be heard in this Committee today.
- AB 900 (Gonzalez Fletcher) authorizes the board to provide compensation equal to loss of income or support to human trafficking victims, as specified. AB 900 is pending in the Senate Appropriations Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
American Society for the Prevention of Cruelty to Animals (Co-Sponsor)
California Partnership to End Domestic Violence (Co-Sponsor)
Best Friends Animal Society
California Animal Control Directors Association
Next Door Solutions
Red Rover
San Diego Humane Society
San Francisco SPCA
State Humane Association of California
Opposition
None
Analysis Prepared by: Sandy Uribe / PUB. S. / (916) 319-3744
The figures are represented are in thousands. So, for example, the projected fund balance for FY 2018-2019 is $25,749,000. ↑
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
THIRD READING
Bill No: SB 1005
:
SENATE PUBLIC SAFETY COMMITTEE: 6-0, 4/3/18
AYES: Skinner, Bradford, Jackson, Mitchell, Stone, Wiener
NO VOTE RECORDED: Anderson
SENATE APPROPRIATIONS COMMITTEE: 7-0, 4/16/18
AYES: Lara, Bates, Beall, Bradford, Hill, Nielsen, Wiener
SOURCE: American Society for the Prevention of Cruelty to Animals
California Partnership to End Domestic Violence
DIGEST:
This bill expands “expenses incurred in relocating” to include the pet deposit and additional rent for which a victim may receive compensation from the California Victim Compensation Board (CalVCB).
Existing law:
- Requires CalVCB to provide compensations to victims and derivative victims of specified types of crimes from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of those crimes. (Gov. Code § 13957, subd. (a).)
- Authorizes CalVCB to grant cash payment or reimbursement, when the board determines it will best aid the person with medical or medical-related expenses that became necessary as a direct result of the crime, subject to the following conditions: including licensed medical provider services, mental health counseling, and sexual assault services. (Gov. Code § 13957, subd. (a)(1)(2).)
- Authorizes cash payment or reimbursement not to exceed $2,000 to a victim for expenses incurred in relocating, if the expenses are determined by law enforcement to be necessary for the personal safety of the victim or by a mental health treatment provider to be necessary for the emotional well-being of the victim. (Gov. Code § 13957, subd. (a)(7)(A).)
- States that if a security deposit is required for relocation, CalVCB shall be named as the recipient and receive the funds upon expiration of the victim’s rental agreement. (Gov. Code § 13957, subd. (a)(7)(F).)
This bill:
- Expands “expenses incurred in relocating” to include pet deposit and additional rent required if the victim has a pet.
- Includes pet deposit in the funds required for relocation, and upon expiration of a victim’s rental agreement, CalVCB shall be named the recipient of the funds.
Background
Studies confirm a significant association between engaging in animal abuse and perpetration of frequent and severe forms of intimate partner violence. When domestic abuse survivors own pets, abusers may use threats or acts of violence to further control the survivor. In a study conducted with domestic violence shelter residents, 19% of individuals witnessed their abusers threatening their pet, 17% reported their abuser harmed their animal, and 4% witnessed their abusers kill their pet. Concern for family pet welfare may be an obstacle to survivor’s seeking safety. Some survivors may stay in abusive environments rather than surrender their animals and subject them to further maltreatment. Across various surveys, between 18% and 48% of survivors delay leaving a dangerous situation out of concern for their pet’s safety.
CalVCB helps pay bills and expenses that result from violent crime. The board aids a number of individuals who have been victims of crimes such as assault, child abuse, domestic violence, homicide, hate crimes, robbery, and more. CalVCB may help pay for expenses related to a crime including medical and dental treatment, mental health services, income loss, home or vehicle modifications, relocation, and more. The board limits relocation payment or reimbursement to $2,000 per household. If CalVCB pay for the security and/or pet deposit for relocation, upon expiration of the victim’s rental agreement, existing law states that those funds will be returned to the board (Gov. Code § 13957, subd. (a)(7)(F).) CalVCB informed the Senate Public Safety Committee that pet deposits are already covered in expenses incurred during relocation; this bill codifies this in state statute.
AB 1939 (Steinorth, 2018) and AB 1865 (Lackey, 2018) are two bills concerning animal abuse that are currently passing through the Legislature. AB 1939 is similar to SB 1005 (Atkins) as it also expands eligible uses of victim’s compensation to include recourses for pets. As stated previously, CalVCB provides compensation to victims and derivative victims for specified types of crimes from the Restitution Fund, for specified losses suffered as a result of those crimes. Assemblymember Steinorth’s bill expands “expenses used for relocation” to include the costs of temporary housing for pets of the victim upon immediate relocation. Furthermore, Assemblymember Lackey’s AB 1865 bill addresses injury and death inflicted on a guide, signal, or services dogs, and deleted the requirement that dogs must be discharged of their duties at the time of the injury or death, to constitute a crime (Pen. Code § 600.2, subd. (a).) AB 1865 authorizes CalVCB to pay compensation for expenses incurred by the person with a disability as a direct result of the criminal violation.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Appropriations Committee, CalVCB has indicated that it currently allows pet deposits as a reimbursable expense within the $2,000 limit for relocation claims. Given current practice, this bill imposes a neutral fiscal impact (*special fund) to the board.
*Restitution Fund
American Society for the Prevention of Cruelty to Animals (co-source)
California Partnership to End Domestic Violence (co-source)
Best Friends Animal Society
California Animal Control Directors Association and State Humane Association
Next Door Solutions
RedRover
San Diego Humane Society
San Francisco Society for the Prevention of Cruelty to Animals
OPPOSITION: (Verified 4/16/18)
None received
4/18/18 17:03:34
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2017 - 2018 Regular Session
SB 1005 (Atkins) - Crime victim compensation: relocation expenses: pet costs
Version: February 6, 2018 | Policy Vote: PUB. S. 6 - 0 |
Urgency: No | Mandate: No |
Hearing Date: April 16, 2018 | Consultant: Shaun Naidu |
This bill does not meet the criteria for referral to the Suspense File.
Bill Summary:
SB 1005 would authorize the California Victim Compensation Board (VCB) to compensate a crime victim for a pet deposit and additional rent required if the victim has a pet.
Fiscal Impact:
The California Victim Compensation Board has indicated that it currently allows pet deposits as a reimbursable expense within the $2,000 limit for relocation claims. Given current practice, this bill would impose a neutral fiscal impact (*special fund) to the board.
*Restitution Fund
Background:
Victims and derivative victims of specified types of crimes generally are provided compensation by VCB from the Restitution Fund, a continuously-appropriated fund, for specified losses suffered as a result of those crimes. Compensation may include a cash payment or reimbursement not to exceed a specified amount to a victim for expenses incurred in relocating, if the expenses are determined by law enforcement to be necessary for the personal safety of the victim or by a mental health treatment provider to be necessary for the emotional wellbeing of the victim. The board is required to be named as the recipient of funds when the victim’s rental agreement expires if a security deposit is required for relocation.
Proposed Law:
This bill would authorize VCB to compensate a victim for a pet deposit and additional rent required if the victim has a pet. Additionally, it would require VCB to be named as the recipient of funds when the victim’s rental agreement expires if a pet deposit that is required for relocation is provided to the victim by the board.
Related Legislation:
AB 1824 (Chang, 2016) would have expanded the circumstances in which a person could be charged with causing injury to, or death of, a guide, signal, or service dog and would have required a defendant who committed this crime to make restitution for medical and medical-related expenses that directly resulted from the crime. AB 1824 was vetoed by the governor.
AB 1140 (Bonta, Ch. 569, Stats. 2015) revised various provisions of law that govern VCB.
Staff Comments:
In some instances, direct victim restitution by the defendant is deposited into the Restitution Fund and paid to the victim or victims by VCB (e.g., when the defendant is incarcerated in state prison and making partial restitution). In other situations, the victim or victims have received assistance from the board, in which case, some or all of the direct restitution is deposited into the Restitution Fund. To the extent restitution money is deposited into the Restitution Fund, it is subject to continuous appropriation.
-- END --
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Nancy Skinner, Chair
2017 - 2018 Regular
Bill No: SB 1005 Hearing Date: April 3, 2018
Author: | Atkins | ||
Version: | February 6, 2018 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | EC | ||
Subject: Crime Victim Compensation: Relocation Expenses: Pet Costs
HISTORY
Source: American Society for the Prevention of Cruelty to Animals
California Partnership to End Domestic Violence
Prior Legislation: AB 1824 (Chang), vetoed, 2016
AB 1140 (Bonta), Chapter 569, Statutes of 2015
Support: Best Friends Animal Society; Next Door Solutions; RedRover; San Diego Humane Society; San Francisco Society for the Prevention of Cruelty to Animals (SPCA)
Opposition: None known
PURPOSE
The purpose of this bill is to expand “expenses incurred in relocating” to include the pet deposit and additional rent for which a victim may receive compensation from the California Victim Compensation Board (CalVCB).
Existing law requires CalVCB to provide compensations to victims and derivative victims of specified types of crimes from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of those crimes. (Gov. Code § 13957, subd. (a).)
Existing law authorizes CalVCB to grant cash payment or reimbursement, when the board determines it will best aid the person with medical or medical-related expenses that became necessary as a direct result of the crime, subject to the following conditions: including licensed medical provider services, mental health counseling, and sexual assault services. (Gov. Code § 13957, subd. (a)(1)(2).):
Existing law authorizes cash payment or reimbursement not to exceed $2,000 to a victim for expenses incurred in relocating, if the expenses are determined by law enforcement to be necessary for the personal safety of the victim or by a mental health treatment provider to be necessary for the emotional well-being of the victim. (Gov. Code § 13957, subd. (a)(7)(A).)
This bill expands “expenses incurred in relocating” to include pet deposit and additional rent required if the victim has a pet.
Existing law states that if a security deposit is required for relocation, CalVCB shall be named as the recipient and receive the funds upon expiration of the victim’s rental agreement. (Gov. Code § 13957, subd. (a)(7)(F).)
This bill includes pet deposit in the funds required for relocation, and upon expiration of a victim’s rental agreement, CalVCB shall be named the recipient of the funds.
COMMENTS
1. Need for the Bill
The author states:
Approximately 40% of California women experience physical intimate partner violence in their lifetimes. CalVCB provides compensation for victims of violent crime who are injured or threatened with injury, including those in domestic violence situations. If a person meets eligibility criteria, CalVCB will compensate many types of services when the costs are not covered by other sources. This may include costs associated with finding alternative housing if the expenses are determined by law enforcement to be necessary for the personal safety of the victim or if they are determined by a mental health treatment provider to be necessary for the emotional well-being of the victim. In addition, the law explicitly allows for payment of a security deposit.
Concern over the safety of pets can often delay domestic violence victims from seeking help, cause them to return to their abuser, or prevent them from seeking assistance entirely. A 2011 study of refuges for women who have experienced abuse found that more than a quarter of domestic violence victims stay in abusive relationships for a median time of two years in order to avoid leaving their pets behind. Perpetrators of domestic violence often threaten harm or bring actual harm to their victims’ pets in order to control their victims or keep them from leaving. In addition, pets can play a vital role in restoring a victim’s emotional well-being post-abuse.
SB 1005 would clarify existing law to specify that pet deposits and pet rent are eligible relocation costs. There is a $2,000 cap per household on relocation costs through CalVCB. This bill would not increase this amount, just clarify eligible uses.
SB 1005 will help victims of domestic violence leave their abusive environment by reducing the financial costs associated with escaping domestic violence with their pet, who is often an important source of comfort and support.
2. Domestic Violence and Animal Abuse
Studies confirm a significant association between engaging in animal abuse and perpetration of frequent and severe forms of intimate partner violence. When domestic abuse survivors own pets, abusers may use threats or acts of violence to further control the survivor. In a study conducted with domestic violence shelter residents, 19% of individuals witnessed their abusers threatening their pet, 17% reported their abuser harmed their animal, and 4% witnessed their abusers kill their pet. [1] Concern for family pet welfare may be an obstacle to survivor’s seeking safety. Some survivors may stay in abusive environments rather than surrender their animals and subject them to further maltreatment. Across various surveys, between 18% and 48% of survivors delay leaving a dangerous situation out of concern for their pet’s safety.[2]
CalVCB helps pay bills and expenses that result from violent crime. The board aids a number of individuals who have been victims of crimes such as assault, child abuse, domestic violence, homicide, hate crimes, robbery, and more.[3] CalVCB may help pay for expenses related to a crime including medical and dental treatment, mental health services, income loss, home or vehicle modifications, relocation, and more. The board limits relocation payment or reimbursement to $2,000 per household.[4] If CalVCB pay for the security and/or pet deposit for relocation, upon expiration of the victim’s rental agreement, existing law states that those funds will be returned to the board (Gov. Code § 13957, subd. (a)(7)(F).) CalVCB informed this committee that pet deposits are already covered in expenses incurred during relocation; this bill would codify this in state statute.
3. Current Bills
AB 1939 (Steinorth) and AB 1865 (Lackey) are two bills concerning animal abuse that are currently passing through the legislature. AB 1939 is similar to SB 1005 (Atkins) as it also expands eligible uses of victim’s compensation to include recourses for pets. As stated previously, CalVCB provides compensation to victims and derivative victims for specified types of crimes from the Restitution Fund, for specified losses suffered as a result of those crimes. Assemblymember Steinorth’s bill expands “expenses used for relocation” to include the costs of temporary housing for pets of the victim upon immediate relocation. Furthermore, Assemblymember Lackey’s AB 1865 bill addresses injury and death inflicted on a guide, signal, or services dogs, and deleted the requirement that dogs must be discharged of their duties at the time of the injury or death, to constitute a crime (Pen. Code § 600.2, subd. (a).) AB 1865 authorizes CalVCB to pay compensation for expenses incurred by the person with a disability as a direct result of the criminal violation.
4. Argument in Support
According to Next Door Solutions to Domestic Violence:
Perpetrators of domestic violence often threaten harm or bring actual harm to their victims’ pets in order to control their victims or keep them from leaving…In order to escape abuse, while protecting their pets, survivors of domestic abuse must necessarily identify alternative housing, but may lack the financial resources to relocate to the appropriate accommodations…In many cases, landlords that are willing to accommodate pets often charge a “pet deposit” and/or surplus rent as a condition of allowing pets. This additional cost may serve as a significant barrier to a victim’s relocation. By clarifying existing law to specify that “pet deposits” and “pet rent” are eligible relocation costs, these victims would have a source of financial support to remove themselves from a violent situation.
-- END –
“Escaping Domestic Violence as a Pet Owner,” Urban Resource Institute (UNRIPALS People and Animals Living Safetly, n.d.), http://big.assets.huffingtonpost.com/uripals.pdf. ↑
“Facts and Myths About Domestic Violence and Animal Abuse,” accessed March 16, 2018, https://awionline.org/content/facts-and-myths-about-domestic-violence-and-animal-abuse. ↑
“California Victim Compensation Program,” accessed March 16, 2018, http://vcgcb.ca.gov/victims/. ↑
“CalVCB FAQ: Expenses — CalVCB,” accessed March 16, 2018, https://victims.ca.gov/victims/faq/expenses.aspx. ↑
Bill Author
