CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 415

Author:(Maienschein)

As Amended Ver:September 6, 2019

2/3 vote

SUMMARY:

Authorizes the California Victim Compensation Board (board) to compensate a crime victim for the costs of temporary housing for a pet.

The Senate Amendments:

Double joint this bill with AB 629 (Smith) of the current legislative session to avoid chaptering out issues.

COMMENTS:

According to the Author:

According to the author, "Housing should not be a barrier to domestic violence victims safely escaping an abusive relationship. I am proud to author AB 415 that would enhance support for domestic violence survivors, and all eligible crime survivors, with pets seeking alternative housing. By allowing the California Victim Compensation Board to pay for pet-related relocation costs, survivors of crime will be more likely to regain a sense of security for both themselves and their pets."

Arguments in Support:

According to the American Society for the Prevention of Cruelty to Animals and the California Partnership to End Domestic Violence, co-sponsors of this bill, "This bill would strengthen support for survivors of violent crime that seek to protect and maintain their pets. In particular, AB 415 would provide important financial assistance to victims of domestic violence and animal cruelty. Perpetrators of domestic violence often threaten harm or bring actual harm to their victim's 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 financial resources to relocate to appropriate accommodations. Financial abuse is a common tactic used by abusers to gain power and control in a relationship….

"AB 415 would enhance support for domestic violence survivors, and all eligible crime survivors, with pets seeking alternative housing."

Arguments in Opposition:

None.

FISCAL COMMENTS:

According to the Senate Appropriations Committee, unknown costs, potentially in the low hundreds of thousands of dollars annually to compensate victims for temporary pet relocation expenses. Actual costs would depend on how many individuals file a claim related to the temporary housing of a pet. (Special fund*)

The board, on average, reimburses 2,413 relocation claims per year at, on average, $1,809 per claim (with a $2,000 statutory maximum). If, for example, 1,207 claimants (i.e., half of the average number of yearly relocation claims) were to use the remaining $191 for reimbursement towards temporary pet relocation expenses, this measure would increase expenditure from the fund by $230,537 annually.

*Restitution Fund—structurally imbalanced

VOTES:

ASM PUBLIC SAFETY: 8-0-0

YES: Jones-Sawyer, Lackey, Bauer-Kahan, Diep, Kamlager-Dove, Quirk, Santiago, Wicks

ASM APPROPRIATIONS: 17-1-0

YES: Gonzalez, Bigelow, Bloom, Bonta, Brough, Calderon, Carrillo, Chau, Diep, Eggman, Fong, Gabriel, Eduardo Garcia, Maienschein, Petrie-Norris, Quirk, Robert Rivas

NO: Obernolte

ASSEMBLY FLOOR: 73-0-7

YES: Arambula, Bauer-Kahan, Berman, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooper, Cunningham, Dahle, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Patterson, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon

ABS, ABST OR NV: Aguiar-Curry, Bigelow, Cooley, Eduardo Garcia, Melendez, Obernolte, Smith

SENATE FLOOR: 40-0-0

YES: Allen, Archuleta, Atkins, Bates, Beall, Borgeas, Bradford, Caballero, Chang, Dahle, Dodd, Durazo, Galgiani, Glazer, Lena Gonzalez, Grove, Hertzberg, Hill, Hueso, Hurtado, Jackson, Jones, Leyva, McGuire, Mitchell, Monning, Moorlach, Morrell, Nielsen, Pan, Portantino, Roth, Rubio, Skinner, Stern, Stone, Umberg, Wieckowski, Wiener, Wilk

UPDATED:

VERSION: September 6, 2019

CONSULTANT: Sandy Uribe (Counsel) / PUB. S. / (916) 319-3744 FN: 0002316

 THIRD READING  

Bill No: AB 415

Author: Maienschein (D), et al.

Amended: 9/6/19 in Senate

Vote: 27

SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/18/19

AYES: Skinner, Moorlach, Bradford, Jackson, Mitchell, Morrell, Wiener

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/30/19

AYES: Portantino, Bates, Bradford, Durazo, Hill, Jones, Wieckowski

ASSEMBLY FLOOR: 73-0, 5/22/19 - See last page for vote

SUBJECT: Victim compensation: relocation: pets

SOURCE: American Society for the Prevention of Cruelty to Animals

California Partnership to End Domestic Violence

DIGEST:

This bill authorizes the California Victim Compensation Board (board) to compensate a crime victim for the costs of temporary housing for a pet and for any pet deposit that may be required for relocation.

Senate Floor Amendments of 9/6/19 double-join this bill with AB 629 (Smith) to avoid chaptering out issues.

ANALYSIS:

Existing law:

1. States that the Legislature finds and declares that it is in the public interest to assist residents of the State of California in obtaining compensation for the pecuniary losses they suffer as a direct result of criminal acts. (Gov. Code, § 13950, subd. (a).)
2. Establishes the board to operate the California Victim Compensation Program. (Gov. Code, § 13950 et. seq.)
3. Provides than an application for compensation shall be filed with the board in the manner determined by the board. (Gov. Code, § 13952, subd. (a).)
4. Authorizes the board to reimburse for pecuniary loss for the following types of losses:
   1. Medical or medical-related expenses incurred by the victim for services provided by a licensed medical provider;
   2. Out-patient psychiatric, psychological or other mental health counseling-related expenses incurred by the victim or derivative victim;
   3. 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;
   4. Cash payment to, or on behalf of, the victim for job retraining or similar employment-oriented services;
   5. The expense of installing or increasing residential security, not to exceed $1,000;
   6. The expense of renovating or retrofitting a victim’s residence or vehicle to make them accessible or operational, if it is medically necessary;
   7. 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;
   8. Funeral or burial expenses;
   9. Reasonable costs to clean the scene of the crime in an amount not to exceed one thousand dollars;
   10. The expense of veterinary services, replacement costs, or other reasonable expenses, as ordered by the court when the injury or death is to a guide, signal or service dog; and,
   11. Mental health counseling for emotional injury to a victim who is a minor incurred as a direct result of the nonconsensual distribution of pictures or video of sexual conduct in which the minor appears. (Gov. Code, §§ 13957, subd. (a) & 13957.5, subd. (a).)
5. Limits the total award to or on behalf of each victim or derivative victim to $35,000, except this award may be increased up to $70,000, if federal funds for that increase are available (Gov. Code, §§ 13957, subd. (b), & 13957.5, subd. (b).)
6. Specifies that “expenses incurred in relocating” may include the costs of temporary housing for any pets belonging to the victim.
7. Specifies that if a pet deposit is required for relocation, upon expiration of a victim’s rental agreement, the board shall be named as the recipient of the funds.

Comments

According to the author of this bill, “AB 415 will help survivors of domestic violence remove themselves from abusive relationships while maintaining financial security and the safety of their pets. By expanding the authorized use of funds given to victims by the California Victim Compensation Board to clarify pet deposits and pet rents are eligible expenses and also including temporary housing for pets of victims of domestic violence, survivors will have an easier pathway to escape abusive situations.”

FISCAL EFFECT: Appropriation: Yes Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee, unknown costs, potentially in the low hundreds of thousands of dollars annually to compensate victims for temporary pet relocation expenses. Actual costs would depend on how many individuals file a claim related to the temporary housing of a pet. (Special fund*)

The board, on average, reimburses 2,413 relocation claims per year at, on average, $1,809 per claim (with a $2,000 statutory maximum). If, for example, 1,207 claimants (i.e., half of the average number of yearly relocation claims) were to use the remaining $191 for reimbursement towards temporary pet relocation expenses, this measure would increase expenditure from the fund by $230,537 annually.

*Restitution Fund—structurally imbalanced

SUPPORT: (Verified 9/6/19)

American Society for the Prevention of Cruelty to Animals (co-source)

California Partnership to End Domestic Violence (co-source)

Arc and United Cerebral Palsy California Collaboration

Best Friends Animal Society

California Catholic Conference

Family Violence Appellate Project

PawPAC

RedRover

San Diego Humane Society

San Francisco SPCA

OPPOSITION: (Verified 9/6/19)

None received

ASSEMBLY FLOOR: 73-0, 5/22/19

AYES: Arambula, Bauer-Kahan, Berman, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooper, Cunningham, Dahle, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Patterson, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon

NO VOTE RECORDED: Aguiar-Curry, Bigelow, Cooley, Eduardo Garcia, Melendez, Obernolte, Smith

Prepared by: Stella Choe / PUB. S. /

9/9/19 18:35:04

**** END ****

 THIRD READING  

Bill No: AB 415

Author: Maienschein (D), et al.

Introduced: 2/7/19

Vote: 27

SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/18/19

AYES: Skinner, Moorlach, Bradford, Jackson, Mitchell, Morrell, Wiener

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/30/19

AYES: Portantino, Bates, Bradford, Durazo, Hill, Jones, Wieckowski

ASSEMBLY FLOOR: 73-0, 5/22/19 - See last page for vote

SUBJECT: Victim compensation: relocation: pets

SOURCE: American Society for the Prevention of Cruelty to Animals

California Partnership to End Domestic Violence

DIGEST:

This bill authorizes the California Victim Compensation Board (board) to compensate a crime victim for the costs of temporary housing for a pet and for any pet deposit that may be required for relocation.

ANALYSIS:

Existing law:

1. States that the Legislature finds and declares that it is in the public interest to assist residents of the State of California in obtaining compensation for the pecuniary losses they suffer as a direct result of criminal acts. (Gov. Code, § 13950, subd. (a).)
2. Establishes the board to operate the California Victim Compensation Program. (Gov. Code, § 13950 et. seq.)
3. Provides than an application for compensation shall be filed with the board in the manner determined by the board. (Gov. Code, § 13952, subd. (a).)
4. Authorizes the board to reimburse for pecuniary loss for the following types of losses:
   1. Medical or medical-related expenses incurred by the victim for services provided by a licensed medical provider;
   2. Out-patient psychiatric, psychological or other mental health counseling-related expenses incurred by the victim or derivative victim;
   3. 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;
   4. Cash payment to, or on behalf of, the victim for job retraining or similar employment-oriented services;
   5. The expense of installing or increasing residential security, not to exceed $1,000;
   6. The expense of renovating or retrofitting a victim’s residence or vehicle to make them accessible or operational, if it is medically necessary;
   7. 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;
   8. Funeral or burial expenses;
   9. Reasonable costs to clean the scene of the crime in an amount not to exceed one thousand dollars;
   10. The expense of veterinary services, replacement costs, or other reasonable expenses, as ordered by the court when the injury or death is to a guide, signal or service dog; and,
   11. Mental health counseling for emotional injury to a victim who is a minor incurred as a direct result of the nonconsensual distribution of pictures or video of sexual conduct in which the minor appears. (Gov. Code, §§ 13957, subd. (a) & 13957.5, subd. (a).)
5. Limits the total award to or on behalf of each victim or derivative victim to $35,000, except this award may be increased up to $70,000, if federal funds for that increase are available (Gov. Code, §§ 13957, subd. (b), & 13957.5, subd. (b).)
6. Specifies that “expenses incurred in relocating” may include the costs of temporary housing for any pets belonging to the victim.
7. Specifies that if a pet deposit is required for relocation, upon expiration of a victim’s rental agreement, the board shall be named as the recipient of the funds.

Comments

According to the author, “AB 415 will help survivors of domestic violence remove themselves from abusive relationships while maintaining financial security and the safety of their pets. By expanding the authorized use of funds given to victims by the California Victim Compensation Board to clarify pet deposits and pet rents are eligible expenses and also including temporary housing for pets of victims of domestic violence, survivors will have an easier pathway to escape abusive situations.”

FISCAL EFFECT: Appropriation: Yes Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee:

Unknown costs, potentially in the low hundreds of thousands of dollars annually to compensate victims for temporary pet relocation expenses. Actual costs would depend on how many individuals file a claim related to the temporary housing of a pet. (Special fund*)

The board, on average, reimburses 2,413 relocation claims per year at, on average, $1,809 per claim (with a $2,000 statutory maximum). If, for example, 1,207 claimants (i.e., half of the average number of yearly relocation claims) were to use the remaining $191 for reimbursement towards temporary pet relocation expenses, this measure would increase expenditure from the fund by $230,537 annually.

*Restitution Fund—structurally imbalanced

SUPPORT: (Verified 8/30/19)

American Society for the Prevention of Cruelty to Animals (co-source)

California Partnership to End Domestic Violence (co-source)

Arc and United Cerebral Palsy California Collaboration

Best Friends Animal Society

California Catholic Conference

Family Violence Appellate Project

PawPAC

RedRover

San Diego Humane Society

San Francisco SPCA

OPPOSITION: (Verified 8/30/19)

None received

ASSEMBLY FLOOR: 73-0, 5/22/19

AYES: Arambula, Bauer-Kahan, Berman, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooper, Cunningham, Dahle, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Patterson, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon

NO VOTE RECORDED: Aguiar-Curry, Bigelow, Cooley, Eduardo Garcia, Melendez, Obernolte, Smith

Prepared by: Stella Choe / PUB. S. /

9/1/19 11:04:04

**** END ****

SENATE COMMITTEE ON

Senator Anthony Portantino, Chair

2019 - 2020 Regular Session

AB 415 (Maienschein) - Victim compensation: relocation: pets

Bill Summary:

AB 415 would allow the California Victim Compensation Board (VCB) to compensate a crime victim for the costs of temporarily housing a pet and for any pet deposit that may be required for relocation.

Fiscal Impact:

Unknown costs, potentially in the low hundreds of thousands of dollars annually to compensate victims for temporary pet relocation expenses. Actual costs would depend on how many individuals file a claim related to the temporary housing of a pet. (Special fund*)

The board, on average, reimburses 2,413 relocation claims per year at, on average, $1,809 per claim (with a $2,000 statutory maximum). If, for example, 1,207 claimants (i.e., half of the average number of yearly relocation claims) were to use the remaining $191 for reimbursement towards temporary pet relocation expenses, this measure would increase expenditure from the fund by $230,537 annually.

*Restitution Fund—structurally imbalanced

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 $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 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 specify that costs of temporary housing for any pets belonging to the victim upon immediate relocation may be included in relocating expenses compensable by VCB. It also would allow the cash payment or grant to reimburse a victim for a security deposit, pet deposit, or both, for which the board would be named as the recipient, and would receive the funds, upon expiration of the victim’s rental agreement.

Related Legislation:

AB 1939 (Steinorth, 2018) would have included temporary housing for a victim’s pets as part of relocation expenses that are reimbursable by the board. AB 1939 was vetoed by the Governor, who stated that “a victim staying in a domestic violence shelter or other temporary housing situation will likely need much more assistance than [AB 1939] provides. It would be more appropriate to seek a different funding source which can provide a more comprehensive benefit that would truly complement the services that are now available.”

SB 1005 (Atkins, 2018) would have allowed the board to compensate a crime victim for a pet deposit and additional rent required if the victim has a pet. SB 1005 was vetoed by the Governor, stating that VCB “currently provides compensation for these purposes. Other specific costs that are included within compensable relocation expenses are not individually enumerated in the authorizing statute. [He doesn’t] see any need to do so now.”

Staff Comments:

The Restitution Fund has been operating under a structural deficient for a number of years. From FY 2017-18 to FY 2018-19, fund revenues dropped by 12 percent; proposed revenue for FY 2019-20 is projected to remain consistent with 2018-19, however. The FY 2019-20 proposed budget anticipates a beginning balance of $41 million, revenues of $68.5 million, expenditures of $92.2 million, and an ending reserve of $17.3 million. Given the operational deficit of the Restitution Fund, added expenses (such as those associated with AB 415) would create cost pressure on the General Fund to backfill any shortage.

-- END --

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Nancy Skinner, Chair

2019 - 2020 Regular

Bill No: AB 415 Hearing Date: June 18, 2019

Subject: Victim Compensation: Relocation: Pets

HISTORY

Source: California Partnership to End Domestic Violence

American Society for the Prevention of Cruelty to Animals (ASPCA)

Prior Legislation: SB 1005 (Atkins), vetoed, 2018

AB 1939 (Steinorth), vetoed, 2018

SB 1232 (Bradford), Ch. 983, Stats. 2018

AB 1140 (Bonta), Ch. 569, Stats. 2015

AB 2264 (Levine), Ch. 502, Stats. 2014

SB 1299 (Wright), Ch. 870, Stats. 2012

Support: Arc and United Cerebral Palsy California Collaboration; Best Friends Animal Society; California Catholic Conference; Family Violence Appellate Project; PawPAC; RedRover; San Diego Humane Society; San Francisco SPCA

Opposition: None known

Assembly Floor Vote: 73 - 0

PURPOSE

The purpose of this bill is to authorize the California Victim Compensation Board (board) to compensate a crime victim for the costs of temporary housing for a pet and for any pet deposit that may be required for relocation.

Existing law states that the Legislature finds and declares that it is in the public interest to assist residents of the State of California in obtaining compensation for the pecuniary losses they suffer as a direct result of criminal acts. (Gov. Code, § 13950, subd. (a).)

Existing law establishes the board to operate the California Victim Compensation Program (CalVCP). (Gov. Code, § 13950 et. seq.)

Existing law provides than an application for compensation shall be filed with the board in the manner determined by the board. (Gov. Code, § 13952, subd. (a).)

Existing law authorizes the board to reimburse for pecuniary loss for the following types of losses:

1. Medical or medical-related expenses incurred by the victim for services provided by a licensed medical provider;
2. Out-patient psychiatric, psychological or other mental health counseling-related expenses incurred by the victim or derivative victim;
3. 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;
4. Cash payment to, or on behalf of, the victim for job retraining or similar employment-oriented services;
5. The expense of installing or increasing residential security, not to exceed $1,000;
6. The expense of renovating or retrofitting a victim’s residence or vehicle to make them accessible or operational, if it is medically necessary;
7. 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;
8. Funeral or burial expenses;
9. Reasonable costs to clean the scene of the crime in an amount not to exceed one thousand dollars;
10. The expense of veterinary services, replacement costs, or other reasonable expenses, as ordered by the court when the injury or death is to a guide, signal or service dog; and,
11. Mental health counseling for emotional injury to a victim who is a minor incurred as a direct result of the nonconsensual distribution of pictures or video of sexual conduct in which the minor appears. (Gov. Code, §§ 13957, subd. (a) & 13957.5, subd. (a).)

Existing law limits the total award to or on behalf of each victim or derivative victim to $35,000, except this award may be increased up to $70,000, if federal funds for that increase are available (Gov. Code, §§ 13957, subd. (b), & 13957.5, subd. (b).)

This bill specifies that “expenses incurred in relocating” may include the costs of temporary housing for any pets belonging to the victim.

This bill specifies that if a pet deposit is required for relocation, upon expiration of a victim’s rental agreement, the board shall be named as the recipient of the funds.

COMMENTS

1. Need for This Bill

According to the author of this bill:

AB 415 will help survivors of domestic violence remove themselves from abusive relationships while maintaining financial security and the safety of their pets. By expanding the authorized use of funds given to victims by the California Victim Compensation Board to clarify pet deposits and pet rents are eligible expenses and also including temporary housing for pets of victims of domestic violence, survivors will have an easier pathway to escape abusive situations.

1. Purpose and History of Cal VCP

The victim compensation program was created in 1965, the first such program in the country. The board provides compensation for victims of violent crime. It reimburses eligible victims for many crime-related expenses, such as counseling and medical fees. Funding for the board comes from restitution fines and penalty assessments paid by criminal offenders, as well as federal matching funds. (See the California Victim Compensation Board’s website <http://www.vcgcb.ca.gov/board/>.)

1. Recent Changes to Cal VCP

The Cal VCP underwent various changes after AB 1140 (Bonta), Chapter 569, Statutes of 2015, was enacted. The bill required the application to be written in several languages other than English, and once an applicant chooses his or her preferred language, any subsequent communications must be in the chosen language. The bill provided more guidance on how to deal with applications involving victims of domestic violence, rape, and human trafficking so that these victims will not have their applications denied for failing to provide information at the scene of the crime or failing to report the crime immediately. The bill provided ways to mitigate or overcome the disqualifying factor of involvement in a crime by providing factors that the board should consider. The bill also added new expenses that may be covered including reimbursement for the modification or purchase of a vehicle for a victim who becomes permanently disabled and reimbursement for mental health counseling for grandparents and grandchildren of the victim. The bill also changed the disqualifying factor of a victim who is on parole or probation so that only a person who is a registered sex offender or convicted of a violent felony and currently on parole or probation may be denied.

Other recent changes include authorizing compensation when a victim’s guide, signal, or service dog is disabled or killed (AB 2264 (Levine) Ch. 502, Stats. 2014); establishment of a deadline for the board to respond to an appeal by a crime victim who has had an application for compensation denied (AB 1563 (Rodriguez), Ch. 121, Stats. 2016); and extension of the application deadline for minor victims (AB 1232 (Bradford), Ch. 983, Stats. 2018).

1. Condition of the Restitution Fund

The restitution fund which funds the Cal VCP is facing insolvency due to declining revenue. (LAO, The 2017-18 Budget: Governor’s Criminal Fine and Fee Proposals, p. 17.) According to a recent Senate Appropriations analysis of a bill that expands eligibility of persons who may apply for compensation:

The Restitution Fund has been operating under a structural deficient for a number of years. From FY 2017-18 to FY 2018-19, fund revenues dropped by 12 percent; proposed revenue for FY 2019-20 is projected to remain consistent with 2018-19, however. The FY 2019-20 proposed budget anticipates a beginning balance of $41 million, revenues of $68.5 million, expenditures of $92.2 million, and an ending reserve of $17.3 million. Given the operational deficit of the Restitution

Fund, added expenses . . . would create cost pressure on the General Fund to backfill any shortage.

(Sen. Com. On Appropriations, Analysis of Sen. Bill No. 375 (2019-2020 Reg. Sess.) as amended Mar. 25, 2019, p. 3.)

While this bill does not increase the total amount a victim can be reimbursed by CalVCP ($35,000, or $70,000 if federal funding is available), it does provide for payment by the board for a new type of expense which in some cases would increase the total compensation amount.

Increasing eligible services while the fund is nearing insolvency would place additional strains on the fund.

1. Governor’s Veto of Prior Legislation

This bill is substantially similar to SB 1005 (Atkins) and SB 1939 (Steinorth), of the 2017-2018 Legislative Session. Both of those bills were vetoed.

SB 1005 (Atkins) would have authorized the board to compensate a crime victim for a pet deposit and additional rent required if the victim has a pet. The Governor’s veto message stated:

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.

AB 1939 (Steinorth), of the 2017-2018 Legislative Session, would have included temporary housing for the victim’s pets as part of relocation expenses which are reimbursable by the board. The Governor’s veto message said the following:

This bill would require that compensation provided by the California Victims Compensation Board for relocation expenses include the costs of temporary housing for a victim's pet for a maximum of three days at a cost of under $40 per day.

While this bill is well intended, a victim staying in a domestic violence shelter or other temporary housing situation will likely need much more assistance than this bill provides. It would be more appropriate to seek a different funding source which can provide a more comprehensive benefit that would truly complement the services that are now available.

1. Argument in Support

According the California Partnership to End Domestic Violence and the ASPCA, the co-sponsors of this bill:

This bill would strengthen support for survivors of violent crime that seek to protect and maintain their pets. In particular, AB 415 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 relational. 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 –

ASSEMBLY THIRD READING

ATR Bill Id:AB 415

Author:(Maienschein)

As Introduced Ver:February 7, 2019

2/3 vote

SUMMARY:

Authorizes the California Victim Compensation Board (board) to compensate a crime victim for the costs of temporary housing for a pet.

Major Provisions

1. Expands "expenses incurred in relocating" to include the costs of temporary housing for any pets belonging to the victim.
2. Specifies that if a pet deposit is required for relocation, upon expiration of a victim's rental agreement, the board shall be named as the recipient of the funds.

COMMENTS:

According to the Author:

According to the author, "Housing should not be a barrier to domestic violence victims safely escaping an abusive relationship. I am proud to author AB 415 that would enhance support for domestic violence survivors, and all eligible crime survivors, with pets seeking alternative housing. By allowing the California Victim Compensation Board to pay for pet-related relocation costs, survivors of crime will be more likely to regain a sense of security for both themselves and their pets."

Arguments in Support:

According to the American Society for the Prevention of Cruelty to Animals and the California Partnership to End Domestic Violence, co-sponsors of this bill, "This bill would strengthen support for survivors of violent crime that seek to protect and maintain their pets. In particular, AB 415 would provide important financial assistance to victims of domestic violence and animal cruelty. Perpetrators of domestic violence often threaten harm or bring actual harm to their victim's 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 financial resources to relocate to appropriate accommodations. Financial abuse is a common tactic used by abusers to gain power and control in a relationship….

"AB 415 would enhance support for domestic violence survivors, and all eligible crime survivors, with pets seeking alternative housing."

Arguments in Opposition:

None

FISCAL COMMENTS:

According to the Assembly Appropriations Committee, unknown, likely significant costs (Restitution Fund/General Fund) in the hundreds of thousands of dollars to the California Victim Compensation Board 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. To the extent more victims with pets choose to relocate as a result of this bill, costs will be higher.

Please see the policy committee analysis for a full discussion of this bill.

VOTES:

ASM PUBLIC SAFETY: 8-0-0

YES: Jones-Sawyer, Lackey, Bauer-Kahan, Diep, Kamlager-Dove, Quirk, Santiago, Wicks

ASM APPROPRIATIONS: 17-1-0

YES: Gonzalez, Bigelow, Bloom, Bonta, Brough, Calderon, Carrillo, Chau, Diep, Eggman, Fong, Gabriel, Eduardo Garcia, Maienschein, Petrie-Norris, Quirk, Robert Rivas

NO: Obernolte

UPDATED:

VERSION: February 7, 2019

CONSULTANT: Sandy Uribe / PUB. S. / (916) 319-3744 FN: 0000638

Date of Hearing: March 20, 2019

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 415

Author:(Maienschein) – As Introduced Ver:February 7, 2019

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill authorizes the California Victim Compensation Board (CalVCB) to compensate a crime victim for the costs of temporary housing for a pet. Specifically, this bill:

1. Expands the definition of “expenses incurred in relocating,” for which a victim may receive up to $2,000, the costs of temporary housing for any pets belonging to the victim.
2. Specifies if a pet deposit is required for relocation, upon expiration of a victim’s rental agreement, the board shall be named as the recipient of the funds.

FISCAL EFFECT:

Unknown, likely significant costs (Restitution Fund/GF) in the hundreds of thousands of dollars 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. To the extent more victims with pets choose to relocate as a result of this bill, costs will be higher.

COMMENTS:

1. Purpose. According to the author:

Housing should not be a barrier to domestic violence victims safely escaping an abusive relationship. I am proud to author AB 415 that would enhance support for domestic violence survivors, and all eligible crime survivors, with pets seeking alternative housing. By allowing the California Victim Compensation Board to pay for pet-related relocation costs, survivors of crime will be more likely to regain a sense of security for both themselves and their pets.

1. Background. In 2015, the Legislative Analyst’s Office (LAO) reported restitution fund revenues were depleting and would eventually face insolvency. Although revenue has remained consistent, expenditures have outpaced revenues since FY 2015-2016.

Although this bill just expands the definition of “expenses incurred in relocating” to include pet deposits, any additional request for reimbursement to Cal VCP places pressures on a depleting and almost insolvent fund.

1. Support. According to the American Society for the Prevention of Cruelty to Animals and the California Partnership to End Domestic Violence:

This bill would strengthen support for survivors of violent crime that seek to protect and maintain their pets. In particular, AB 415 would provide important financial assistance to victims of domestic violence and animal cruelty. Perpetrators of domestic violence often threaten harm or bring actual harm to their victim’s 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 financial resources to relocate to appropriate accommodations. Financial abuse is a common tactic used by abusers to gain power and control in a relationship.

1. Related Legislation.
   
2. AB 445 (Choi) would authorize the board to reimburse a victim for up to $2,500 in attorney fees for services rendered to preserve a crime victim’s rights under Marsy’s Law. AB 445 is pending hearing in this committee.
   
3. AB 629 (Smith) would authorize the board to provide compensation equal to loss of income or support for a victim of human trafficking. AB 629 is pending hearing in this committee.
4. Prior Legislation.
5. AB 1939 (Steinorth), of the 2017-2018 Legislative Session, would have included temporary housing for the victim’s pets as part of relocation expenses which are reimbursable by the board. AB 1939 was vetoed.
   
6. SB 1005 (Atkins), of the 2017-2018 Legislative Session, would have authorized the board to compensate a crime victim for a pet deposit and additional rent required if the victim has a pet. SB 1005 was vetoed.
   

Analysis Prepared by: Kimberly Horiuchi / APPR. / (916) 319-2081

Date of Hearing: March 12, 2019

Counsel: Sandy Uribe

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Reginald Byron Jones-Sawyer, Sr., Chair

ABPCA Bill Id:AB 415

Author:(Maienschein) – As Introduced Ver:February 7, 2019

SUMMARY:

Authorizes the California Victim Compensation Board (board) to compensate a crime victim for the costs of temporary housing for a pet. Specifically, this bill:

1. Expands “expenses incurred in relocating” to include the costs of temporary housing for any pets belonging to the victim.
2. Specifies that if a pet deposit is required for relocation, upon expiration of a victim’s rental agreement, the board shall be named as the recipient of the funds.

EXISTING LAW:

1. Establishes the board to operate the California Victim Compensation Program (CalVCP). (Gov. Code, § 13950 et. seq.)
   
2. Provides than an application for compensation shall be filed with the board in the manner determined by the board. (Gov. Code, § 13952, subd. (a).)
   
3. Authorizes the board to reimburse for pecuniary loss for the following types of losses:
   
   1. Medical or medical-related expenses incurred by the victim for services provided by a licensed medical provider;
      
   2. Out-patient psychiatric, psychological or other mental health counseling-related expenses incurred by the victim or derivative victim, including peer counseling services;
      
   3. 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;
      
   4. Cash payment to, or on behalf of, the victim for job retraining or similar employment-oriented services;
      
   5. The expense of installing or increasing residential security, not to exceed $1,000;
      
   6. The expense of renovating or retrofitting a victim’s residence or vehicle to make them accessible or operational, if it is medically necessary;
      
   7. 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,
      
   8. Funeral or burial expenses. (Gov. Code, §§ 13957, subd. (a) & 13957.5, subd. (a).)
      
4. Limits the total award to or on behalf of each victim or derivative victim to $35,000, except this award may be increased up to $70,000, if federal funds for that increase are available (Gov. Code, §§ 13957, subd. (b), & 13957.5, subd. (b).)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, “Housing should not be a barrier to domestic violence victims safely escaping an abusive relationship. I am proud to author AB 415 that would enhance support for domestic violence survivors, and all eligible crime survivors, with pets seeking alternative housing. By allowing the California Victim Compensation Board to pay for pet-related relocation costs, survivors of crime will be more likely to regain a sense of security for both themselves and their pets.”
   
2. 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>.)
   
3. 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 temporarily housing any pets while relocating. Specifically, as pertains to the inadequacies of relocation costs, the report noted that “Reimbursements have not kept pace with increases in costs for moving and rent.” (Id. at p. 13.) The report did not mention anything related to relocation costs incurred because of pets. Moreover, it is unclear whether the board has ever denied the costs of temporarily housing a pet during relocation.

1. 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]:

While this bill does not increase the total amount a victim can be reimbursed by CalVCP ($35,000, or $70,000 if federal funding is available), 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?

1. Governor’s Veto Message: SB 1939 (Steinorth), of the 2017-2018 Legislative Session, as introduced was identical to this bill. The bill was amended in the Senate Appropriations Committee to set a limit on the amount of compensation authorized for the costs of temporarily housing pets. Nevertheless, Governor Brown vetoed the bill.
   
   The veto message said, “This bill would require that compensation provided by the California Victims Compensation Board for relocation expenses include the costs of temporary housing for a victim's pet for a maximum of three days at a cost of under $40 per day.
   
   “While this bill is well intended, a victim staying in a domestic violence shelter or other temporary housing situation will likely need much more assistance than this bill provides. It would be more appropriate to seek a different funding source which can provide a more comprehensive benefit that would truly complement the services that are now available.”
   
2. Argument in Support: According to the American Society for the Prevention of Cruelty to Animals and the California Partnership to End Domestic Violence, co-sponsors of this bill, “This bill would strengthen support for survivors of violent crime that seek to protect and maintain their pets. In particular, AB 415 would provide important financial assistance to victims of domestic violence and animal cruelty. Perpetrators of domestic violence often threaten harm or bring actual harm to their victim’s 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 financial resources to relocate to appropriate accommodations. Financial abuse is a common tactic used by abusers to gain power and control in a relationship….
   
   “AB 415 would enhance support for domestic violence survivors, and all eligible crime survivors, with pets seeking alternative housing.”
   
3. Related Legislation:
   
   1. AB 445 (Choi) would authorize the board to reimburse a victim for up to $2,500 in attorney fees for services rendered to preserve a crime victim’s rights under Marsy’s Law. AB 445 is pending hearing in this Committee.
      
   2. AB 629 (Smith) would authorize the board to provide compensation equal to loss of income or support for a victim of human trafficking. AB 629 is pending hearing in this Committee.
      
4. Prior Legislation:
   
   1. AB 1939 (Steinorth), of the 2017-2018 Legislative Session, would have included temporary housing for the victim’s pets as part of relocation expenses which are reimbursable by the board. AB 1939 was vetoed.
      
   2. SB 1005 (Atkins), of the 2017-2018 Legislative Session, would have authorized the board to compensate a crime victim for a pet deposit and additional rent required if the victim has a pet. SB 1005 was vetoed.

REGISTERED SUPPORT / OPPOSITION:

Support

American Society for the Prevention of Cruelty to Animals (Co-Sponsor)
California Partnership to End Domestic Violence (Co-Sponsor)
California Catholic Conference
Family Violence Appellate Project
PawPAC
San Diego Humane Society 
San Francisco SPCA

Opposition

None

Analysis Prepared by:

Sandy Uribe / PUB. S. / (916) 319-3744

1. The figures are represented are in thousands. So, for example, the projected fund balance for FY 2019-2020 is $17,288,000. ↑