AB 1551: Vehicular manslaughter while intoxicated.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2023-04-13
Current Status:
Failed
(2024-02-01: From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
This bill allows the state Victim Compensation Board to pay a minor child for loss of financial support if the child’s parent or guardian was killed by a drunk driver (including gross vehicular manslaughter while intoxicated, vehicular manslaughter while intoxicated, or an intoxicated hit-and-run), and provides payments until the child turns 18, with a maximum of $100,000 total per crime.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Under existing law, a person who drives a motor vehicle when the person has 0.08% or more, by weight, of alcohol in their blood, is guilty of driving under the influence of alcohol. Existing law defines vehicular manslaughter as the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony or a lawful act that might produce death, in an unlawful manner, either with or without gross negligence. Under existing law, vehicular manslaughter that is committed while the person was driving under the influence of alcohol is punishable as vehicular manslaughter while intoxicated or gross vehicular manslaughter while intoxicated.
Existing law requires the driver of a vehicle involved in an accident resulting in injury to a person, other than that driver, or in the death of a person to immediately stop the vehicle at the scene of the accident and provide specified personal information to the injured person or the occupants of the other vehicle and to any traffic or police officer at the scene of the accident. Under existing law, if a vehicle accident results in permanent, serious injury or death, a person who violates the requirement to stop is subject to punishment by imprisonment in the state prison for 2, 3, or 4 years, or in a county jail for not less than 90 days nor more than one year, or by a specified fine, or both the imprisonment and fine.
Existing law 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.
This bill would require a court to order a defendant to pay restitution in the form of child maintenance to each of the victims children until each child reaches 18 years of age if the defendant is convicted of vehicular manslaughter while intoxicated, gross vehicular manslaughter while intoxicated, or a hit-and-run while intoxicated causing death and the deceased victim of the offense was the parent of a minor child. The bill would require the court to determine an amount that is reasonable and necessary for the maintenance of the victims child after considering specified factors.This bill would require the court to order that child maintenance payments be made to the clerk of the court as trustee for remittance to the childs surviving parent or guardian. The bill would require the clerk to remit the payments to the surviving parent or guardian within 10 working days of receipt by the clerk. If a defendant who is ordered to pay child maintenance is incarcerated and unable to pay, the bill would give the defendant up to one year after their release from incarceration to begin the payments, including entering a payment plan to address any arrearage.This bill would authorize the victim to collect from the Restitution Fund any portion of the child maintenance that remains unsatisfied. By expanding the authorizations for use of moneys in the continuously appropriated Restitution Fund, this bill would make an appropriation.This bill would authorize the child of a victim of those crimes to collect compensation from the Restitution Fund for loss of support until the child reaches 18 years of age, in an amount not to exceed $100,000. By expanding the authorizations for use of moneys in the continuously appropriated Restitution Fund, this bill would make an appropriation.
Under existing law, a person who drives a motor vehicle when the person has 0.08% or more, by weight, of alcohol in their blood, is guilty of driving under the influence of alcohol. Existing law defines vehicular manslaughter as the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony or a lawful act that might produce death, in an unlawful manner, either with or without gross negligence. Under existing law, vehicular manslaughter that is committed while the person was driving under the influence of alcohol is punishable as vehicular manslaughter while intoxicated or gross vehicular manslaughter while intoxicated.
Existing law requires the driver of a vehicle involved in an accident resulting in injury to a person, other than that driver, or in the death of a person to immediately stop the vehicle at the scene of the accident and provide specified personal information to the injured person or the occupants of the other vehicle and to any traffic or police officer at the scene of the accident. Under existing law, if a vehicle accident results in permanent, serious injury or death, a person who violates the requirement to stop is subject to punishment by imprisonment in the state prison for 2, 3, or 4 years, or in a county jail for not less than 90 days nor more than one year, or by a specified fine, or both the imprisonment and fine.
Existing law 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.
This bill would require a court to order a defendant to pay restitution in the form of child maintenance to each of the victims children until each child reaches 18 years of age if the defendant is convicted of vehicular manslaughter while intoxicated, gross vehicular manslaughter while intoxicated, or a hit-and-run while intoxicated causing death and the deceased victim of the offense was the parent of a minor child. The bill would require the court to determine an amount that is reasonable and necessary for the maintenance of the victims child after considering specified factors.
This bill would require the court to order that child maintenance payments be made to the clerk of the court as trustee for remittance to the childs surviving parent or guardian. The bill would require the clerk to remit the payments to the surviving parent or guardian within 10 working days of receipt by the clerk. If a defendant who is ordered to pay child maintenance is incarcerated and unable to pay, the bill would give the defendant up to one year after their release from incarceration to begin the payments, including entering a payment plan to address any arrearage.
This bill would authorize the victim to collect from the Restitution Fund any portion of the child maintenance that remains unsatisfied. By expanding the authorizations for use of moneys in the continuously appropriated Restitution Fund, this bill would make an appropriation.
(a)In authorizing compensation for loss of income and support pursuant to paragraph (3) of subdivision (a) of Section 13957, the board may take any of the following actions:
(1)Compensate the victim for loss of income directly resulting from the injury, except that loss of income may not be paid by the board for more than five years following the crime, unless the victim is disabled as defined in Section 416(i) of Title 42 of the United States Code, as a direct result of the injury.
(2)Compensate an adult derivative victim for loss of income, subject to all of the following:
(A)The derivative victim is the parent or legal guardian of a victim, who at the time of the crime was under 18 years of age and is hospitalized as a direct result of the crime.
(B)The minor victims treating physician certifies in writing that the presence of the victims parent or legal guardian at the hospital is necessary for the treatment of the victim.
(C)Reimbursement for loss of income under this paragraph may not exceed the total value of the income that would have been earned by the adult derivative victim during a 30-day period.
(3)Compensate an adult derivative victim for loss of income, subject to all of the following:
(A)The derivative victim is the parent or legal guardian of a victim who at the time of the crime was under 18 years of age.
(B)The victim died as a direct result of the crime.
(C)The board shall pay for loss of income under this paragraph for not more than 30 calendar days from the date of the victims death.
(4)Compensate a derivative victim who was legally dependent on the victim at the time of the crime for the loss of support incurred by that person as a direct result of the crime, subject to both all of the following:
(A)Loss of support shall be paid by the board for income lost by an adult for a period up to, but not more than, five years following the date of the crime.
(B)If the qualifying crime is a violation of gross vehicular manslaughter while intoxicated under subdivision (a) of Section 191.5 of the Penal Code, vehicular manslaughter while intoxicated under subdivision (b) of Section 191.5 of the Penal Code, or a hit and run while intoxicated causing death under Section 20001 of the Vehicle Code and the deceased victim of the offense was the parent or guardian of a minor child, loss of support shall be paid by the board until each child reaches 18 years of age. Notwithstanding subdivision (b), the total amount payable to minor child derivative victims pursuant to this subparagraph as the result of one crime shall not exceed one hundred thousand dollars ($100,000).
(B)(C)Loss of support shall not be paid by the board on behalf of a minor for a period beyond the childs attaining 18 years of age.
(5)(A)If the qualifying crime is a violation of Section 236.1 of the Penal Code, and the victim has not been and will not be compensated from any other source, compensate the victim for loss of income or support directly resulting from the deprivation of liberty during the crime based upon the value of the victims labor as guaranteed under California law at the time that the services were performed for the number of hours that the services were performed, for up to 40 hours per week.
(B)On or before July 1, 2020, the board shall adopt guidelines that allow it to rely on evidence other than official employment documentation in considering and approving an application for that compensation. The evidence may include any reliable corroborating information approved by the board, including, but not limited to, a statement under penalty of perjury from the applicant, a human trafficking caseworker as defined in Section 1038.2 of the Evidence Code, a licensed attorney, or a witness to the circumstances of the crime.
(C)Compensation for loss of income paid by the board pursuant to this paragraph shall not exceed ten thousand dollars ($10,000) per year that the services were performed, for a maximum of two years.
(D)If the victim is a minor at the time of application, the board shall distribute payment under this paragraph when the minor reaches 18 years of age.
(b)The total amount payable to all derivative victims pursuant to this section as the result of one crime shall not exceed seventy thousand dollars ($70,000).
(c)(1)This section shall become inoperative on July 1, 2024, only if General Fund moneys over the multiyear forecasts beginning in the 202425 fiscal year are available to support ongoing augmentations and actions, and if an appropriation is made to backfill the Restitution Fund to support the actions in this section. If those conditions are met, this section is repealed January 1, 2025.
(2)The amendments made by the act adding this subdivision shall become operative on January 1, 2023.
SEC. 2.Section 13957.5 of the Government Code, as added by Section 7 of Chapter 771 of the Statutes of 2022, is amended to read:13957.5.(a)In authorizing compensation for loss of income and support pursuant to paragraph (3) of subdivision (a) of Section 13957, the board may take any of the following actions:
(1)Subject to paragraph (7), and calculated as provided in paragraph (8), compensate the victim for loss of income directly resulting from the injury, except that loss of income shall not be paid by the board for more than five years following the crime, unless the victim is disabled as defined in Section 416(i) of Title 42 of the United States Code, as a direct result of the injury.
(2)Compensate an adult derivative victim for loss of income, subject to all of the following:
(A)The derivative victim is the parent, legal guardian, or spouse of the victim, or if no parent, legal guardian, or spouse of the victim is present at the hospital, is another derivative victim, who is present at the hospital during the period the victim is hospitalized as a direct result of the crime.
(B)The victims treating physician certifies in writing that the presence of the derivative victim at the hospital is reasonably necessary for the treatment of the victim, or is reasonably necessary for the victims psychological well-being.
(C)Reimbursement for loss of income under this paragraph shall not exceed the total value of the income that would have been earned, calculated as described in paragraph (8), by the adult derivative victim during a 30-day period.
(3)Compensate an adult derivative victim for loss of income, subject to all of the following:
(A)The victim died as a direct result of the crime.
(B)(i)If the derivative victim is the spouse of the victim, is the parent of the victim, was living in the household of the victim at the time of the crime, was the legal guardian of the victim at the time of the crime, or was the legal guardian of the victim when the victim was under 18 years of age, the board shall pay for loss of income under this paragraph, calculated as provided by paragraph (8), for not more than 30 calendar days occurring within 90 calendar days of the victims death.
(ii)For a derivative victim not included in clause (i), the board shall pay for loss of income under this paragraph, calculated as provided by paragraph (8), for not more than seven calendar days occurring within 90 calendar days of the victims death.
(4)Compensate a derivative victim who was legally dependent on the victim at the time of the crime for the loss of support incurred by that person as a direct result of the crime, calculated as provided in paragraph (8), subject to both all of the following:
(A)Loss of support shall be paid by the board for income lost by an adult for a period up to, but not more than, five years following the date of the crime.
(B)If the qualifying crime is a violation of gross vehicular manslaughter while intoxicated under subdivision (a) of Section 191.5 of the Penal Code, vehicular manslaughter while intoxicated under subdivision (b) of Section 191.5 of the Penal Code, or a hit and run while intoxicated causing death under Section 20001 of the Vehicle Code and the deceased victim of the offense was the parent or guardian of a minor child, loss of support shall be paid by the board until each child reaches 18 years of age. Notwithstanding paragraph (8) of subdivision (a) or subdivision (c), the total amount payable to minor child derivative victims pursuant to this subparagraph as the result of one crime shall not exceed one hundred thousand dollars ($100,000).
(B)(C)Loss of support shall not be paid by the board on behalf of a minor for a period beyond the childs attaining 18 years of age.
(5)(A) If the qualifying crime is a violation of Section 236.1 of the Penal Code, and the victim has not been and will not be compensated from any other source, compensate the victim for loss of income or support directly resulting from the deprivation of liberty during the crime based upon the value of the victims labor as guaranteed under California law at the time that the services were performed for the number of hours that the services were performed, for up to 40 hours per week.
(B)On or before July 1, 2020, the board shall adopt guidelines that allow it to rely on evidence other than official employment documentation in considering and approving an application for that compensation. The evidence may include any reliable corroborating information approved by the board, including, but not limited to, a statement under penalty of perjury from the applicant, a human trafficking caseworker as defined in Section 1038.2 of the Evidence Code, a licensed attorney, or a witness to the circumstances of the crime.
(C)Compensation for loss of income paid by the board pursuant to this paragraph shall not exceed ten thousand dollars ($10,000) per year that the services were performed, for a maximum of two years.
(D)If the victim is a minor at the time of application, the board shall distribute payment under this paragraph when the minor reaches 18 years of age.
(6)If the victim is a minor at the time of the crime, the victim shall be eligible for future loss of income due to disability from future employment directly resulting from the injury at a rate an employee would earn if employed for 35 hours per week at the minimum wage required at the time of the crime by Section 1182.12 of the Labor Code for a maximum of one year.
(7)(A)A victim or derivative victim who is otherwise eligible for loss of income under paragraph (1), (2), or (3) shall be eligible for loss of income if they were employed or receiving earned income benefits at the time of the crime. If an otherwise eligible adult victim or derivative victim was not employed or receiving earned income benefits at the time of the crime, they shall be eligible for loss of income under paragraph (1), (2), or (3) if the victim or derivative victim was fully or partially employed or receiving income benefits for a total of at least two weeks in the 12 months preceding the qualifying crime, or had an offer of employment at the time of the crime and was unable to begin employment as a result of the crime.
(B)A derivative victim who is otherwise eligible for loss of support under paragraph (4) shall be eligible for loss of support if the victim was employed or receiving earned income benefits at the time of the crime. If the victim was not employed or receiving earned income benefits at the time of the crime, the derivative victim shall be eligible if the victim was fully or partially employed or receiving earned income benefits for a total of at least two weeks in the 12 months preceding the qualifying crime, or if the victim had an offer of employment at the time of the crime and was unable to begin employment as a result of the crime.
(8)(A)Except as provided by subparagraph (B), loss of income or support under paragraph (1), (2), (3), or (4) shall be based on the actual loss the victim or derivative victim, as applicable, sustains or the wages the victim or derivative victim, as applicable, would have earned if employed for 35 hours per week at the minimum wage required by Section 1182.12 of the Labor Code during the applicable period, whichever is greater.
(B)For victims who are under 18 years of age at the time of the crime, loss of income under paragraph (1) shall be based upon the actual loss the victim sustains.
(b)By July 1, 2025, the board shall adopt new guidelines for accepting evidence that may be available to the victim or derivative victim in considering and approving a claim for loss of income or support under this section, which shall require the board to accept any form of reliable corroborating information approved by the board regarding the victim or derivative victims income, including, but not limited to, all of the following:
(1)A statement from the employer.
(2)A pattern of deposits into a bank or credit union account of the victim or derivative victim.
(3)Pay stubs or copies of checks received as payment.
(4)A copy of a job offer letter from an employer.
(5)Income tax records.
(6)Verification through a vendor, if the employer contracts with a vendor for employment verification.
(7)Information related to eligibility or enrollment from any of the following:
(A)The CalFresh program pursuant to Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 of the Welfare and Institution Code.
(B)The CalWORKs program.
(C)The states childrens health insurance program under Title XXI of the federal Social Security Act (42 U.S.C. Sec. 1397aa et seq.).
(D)The California Health Benefit Exchange established pursuant to Title 22 (commencing with Section 100500) of the Government Code.
(E)The electronic service established in accordance with Section 435.949 of Title 42 of the Code of Federal Regulations.
(F)Records from the Employment Development Department.
(c)The total amount payable to all derivative victims pursuant to this section as the result of one crime shall not exceed one hundred thousand dollars ($100,000).
(d)This section shall become operative on July 1, 2024, only if General Fund moneys over the multiyear forecasts beginning in the 202425 fiscal year are available to support ongoing augmentations and actions, and if an appropriation is made to backfill the Restitution Fund to support the actions in this section.
SECTION 1.Section 191.6 is added to the Penal Code, to read:191.6.(a)Notwithstanding any other law, if a defendant is convicted of a violation of gross vehicular manslaughter while intoxicated under subdivision (a) of Section 191.5, vehicular manslaughter while intoxicated under subdivision (b) of Section 191.5, or a hit-and-run while intoxicated causing death under Section 20001 of the Vehicle Code, and the deceased victim of the offense was the parent of a minor child, then the court shall order the defendant to pay restitution in the form of child maintenance to each of the victims children until each child reaches 18 years of age.(b)The court shall determine an amount that is reasonable and necessary for the maintenance of the victims minor child after considering all relevant factors, including all of the following:(1)The financial needs and resources of the child.(2)The financial resources and needs of the surviving parent or guardian of the child, including the state if the child is in the custody of the State Department of Social Services.(3)The standard of living to which the child is accustomed.(4)The physical and emotional condition of the child and the childs educational needs.(5)The childs physical and legal custody arrangements.(6)The reasonable work-related child care expenses of the surviving parent or guardian.(c)(1)The court shall order that child maintenance payments be made to the clerk of the court as trustee for remittance to the childs surviving parent or guardian. The clerk shall remit the payments to the surviving parent or guardian within 10 working days of receipt by the clerk. The clerk shall deposit all payments no later than the next working day after receipt.(2)The minor childs surviving parent or guardian shall have access to contact the clerk on behalf of the minor to inquire about the status of the minor childs maintenance payments.(d)If a defendant who is ordered to pay child maintenance under this section is incarcerated and unable to pay the required maintenance, the defendant shall have up to one year after the release from incarceration to begin payment, including entering a payment plan to address any arrearage. If a defendants child maintenance payments are set to terminate but the defendants obligation is not paid in full, the child maintenance payments shall continue until the entire arrearage is paid.(e)Any portion of the child maintenance that remains unsatisfied shall be enforceable in the same manner as any other order of restitution to a victim under Article 5 (commencing with Section 13959) of Chapter 5 of Part 4 of Division 3 of Title 2 of the Government Code.(f)(1)If the surviving parent or guardian of the child brings a civil action against the defendant prior to the court ordering child maintenance payments as restitution and the surviving parent or guardian obtains a judgment in the civil suit, then no maintenance shall be ordered under this section.(2)If the court orders the defendant to make child maintenance payments as restitution under this section and the surviving parent or guardian subsequently brings a civil action and obtains a judgment, the child maintenance order shall be offset by the amount of the judgment awarded in the civil action.(a)Notwithstanding any other law, if a defendant is convicted of a violation of gross vehicular manslaughter while intoxicated under subdivision (a) of Section 191.5, vehicular manslaughter while intoxicated under subdivision (b) of Section 191.5, or a hit-and-run while intoxicated causing death under Section 20001 of the Vehicle Code, and the deceased victim of the offense was the parent of a minor child, then the court shall order the defendant to pay restitution in the form of child maintenance to each of the victims children until each child reaches 18 years of age.
(b)The court shall determine an amount that is reasonable and necessary for the maintenance of the victims minor child after considering all relevant factors, including all of the following:
(1)The financial needs and resources of the child.
(2)The financial resources and needs of the surviving parent or guardian of the child, including the state if the child is in the custody of the State Department of Social Services.
(3)The standard of living to which the child is accustomed.
(4)The physical and emotional condition of the child and the childs educational needs.
(5)The childs physical and legal custody arrangements.
(6)The reasonable work-related child care expenses of the surviving parent or guardian.
(c)(1)The court shall order that child maintenance payments be made to the clerk of the court as trustee for remittance to the childs surviving parent or guardian. The clerk shall remit the payments to the surviving parent or guardian within 10 working days of receipt by the clerk. The clerk shall deposit all payments no later than the next working day after receipt.
(2)The minor childs surviving parent or guardian shall have access to contact the clerk on behalf of the minor to inquire about the status of the minor childs maintenance payments.
(d)If a defendant who is ordered to pay child maintenance under this section is incarcerated and unable to pay the required maintenance, the defendant shall have up to one year after the release from incarceration to begin payment, including entering a payment plan to address any arrearage. If a defendants child maintenance payments are set to terminate but the defendants obligation is not paid in full, the child maintenance payments shall continue until the entire arrearage is paid.
(e)Any portion of the child maintenance that remains unsatisfied shall be enforceable in the same manner as any other order of restitution to a victim under Article 5 (commencing with Section 13959) of Chapter 5 of Part 4 of Division 3 of Title 2 of the Government Code.
(f)(1)If the surviving parent or guardian of the child brings a civil action against the defendant prior to the court ordering child maintenance payments as restitution and the surviving parent or guardian obtains a judgment in the civil suit, then no maintenance shall be ordered under this section.
(2)If the court orders the defendant to make child maintenance payments as restitution under this section and the surviving parent or guardian subsequently brings a civil action and obtains a judgment, the child maintenance order shall be offset by the amount of the judgment awarded in the civil action.
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Date
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Status
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| Feb 1, 2024 | From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. |
| Jan 31, 2024 | Died pursuant to Art. IV, Sec. 10(c) of the Constitution. |
| May 18, 2023 | In committee: Hearing postponed by committee. |
| May 10, 2023 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| May 3, 2023 | In committee: Hearing postponed by committee. |
| Apr 19, 2023 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 18). Re-referred to Com. on APPR. |
| Apr 17, 2023 | Re-referred to Com. on PUB. S. |
| Apr 13, 2023 | From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. |
| Apr 11, 2023 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Mar 9, 2023 | Referred to Com. on PUB. S. |
| Feb 18, 2023 | From printer. May be heard in committee March 20. |
| Feb 17, 2023 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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| Apr 18, 2023 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly 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.
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Organization
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Position
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Date
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| Alcohol Justice | ** Support | |
| California Association Of Highway Patrolmen | ** Support | |
| California Public Defenders Association | * Against Unless Amend | Apr 18, 2023 |
| Crime Victims United | * Support | Apr 18, 2023 |
| Mothers Against Drunk Driving | ** Support | |
| Peace Officers Research Association Of California | ** Support | |
| Streets for All | ** Support |
Date of Hearing: May 10, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
ABPCA Bill Id:AB 1551
Author:(Gipson) – As Amended Ver:April 13, 2023
Policy Committee: | Public Safety | Vote: | 7 - 0 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill authorizes the California Victim Compensation Board (CalVCB) to pay a derivative child victim up to $100,000 in loss of support payments if the child’s parent or guardian is killed as a result of a specified driving-while-intoxicated (DUI) crime, instead of the $70,000 compensation cap currently authorized by law.
FISCAL EFFECT:
Restitution Fund (RF) costs of an unknown but potentially significant amount and additional General Fund cost pressures to support the RF in the event of continued shortfalls. Costs will depend on the number of DUI crimes resulting in the death of a parent or guardian, the number of child victims who seek compensation, and the age of each child victim at the time of their loss. Each child victim is eligible for compensation until they turn 18 and their annual compensation from CalVCB is based on the net take-home earnings of their deceased parent. This bill increases by $30,000 the cap on support compensation for eligible victims. If this bill results in 15 victims statewide who each receive an additional $30,000 from CalVCB, total costs would be $450,000 (RF) spread out over an unknown number of years. As discussed below, the RF has operated at a structural deficient for years. This bill may increase cost pressures on the General Fund by potentially exacerbating the RF’s structural deficit.
COMMENTS:
- Author’s Statement. According to the author:
All children deserve an equal chance at life. This opportunity is taken away when children lose their parents—especially if it results from a tragic and self-centered action like drinking and driving and killing a parent of a minor. DUI/Hit and run accidents are rampant and have only gone up over the years. AB 1551 would leave a defendant responsible, via the California Victim’s Compensation Board, for child support if the defendant kills the parent of a minor while driving under the influence. We need comprehensive solutions-- I want to ensure children are given resources to help combat the damage caused by these tragedies. This is wholeheartedly about helping the lives of children left without resources, and nothing less.
- Background. Existing law allows a derivative child victim – meaning, a child whose parent or guardian was killed during the commission of a crime – to seek loss of support compensation from CalVCB. This helps provide financially for a child who loses their parent and no longer has the benefit of the parent’s wages. Currently, the lifetime cap on loss of support payments for any victim is $70,000. This bill authorizes higher compensation for child victims of certain DUI crimes. It would allow a child victim whose parent or guardian was killed by gross vehicular manslaughter while intoxicated, vehicular manslaughter while intoxicated, or hit and run while intoxicated to receive up to $100,000 in loss of support compensation from CalVCB.
CalVCB is funded by the Restitution Fund, which has been operating under a structural imbalance for years. Despite steady revenues and federal funding, expenditures have exceeded available funds. The 2021 budget act added $33 million to the Restitution Fund in fiscal year 2021-22 and $39.5 million annually thereafter to restore the fund to operational levels. In 2022, the Legislature passed AB 160 (Budget Committee), Chapter 771, Statutes of 2022, which states that if there are sufficient General Fund resources available and an appropriation is made to backfill the Restitution Fund, the lifetime cap on loss of support payments for all derivative victims will increase to $100,000.
- Related Legislation. AB 56 (Lackey) expands eligibility for victim compensation to include emotional injuries from felony violations of, among other things, attempted murder, rape and sexual assault, mayhem, and stalking. AB 56 is pending on the Assembly Floor.
AB 1186 (Bonta) requires CalVCB, upon appropriation by the Legislature, to compensate victims for their economic losses resulting from offenses committed by juveniles. AB 1186 is pending on this committee’s suspense file.
AB 1187 (Quirk-Silva) allows CalVCB to reimburse the expense of counseling services provided to a victim by a certified child life specialist. AB 1187 is currently pending in this committee.
Analysis Prepared by: Annika Carlson / APPR. / (916) 319-2081
Date of Hearing: April 18, 2023
Counsel: Liah Burnley
ASSEMBLY COMMITTEE ON
Reginald Byron Jones-Sawyer, Sr., Chair
ABPCA Bill Id:
Author:() – As Ver:
SUMMARY:
Requires the California Victim Compensation Board (the Board) to pay child victims loss of support until they are 18 years old, for gross vehicular manslaughter while intoxicated, vehicular manslaughter while intoxicated, or a hit and run while intoxicated, if the offense caused the death of the child’s parent or guardian. The total amount payable to the child shall not exceed $100,000.
EXISTING LAW:
- Provides that gross vehicular manslaughter while intoxicated is a felony punishable by imprisonment in the state prison for four, six, or 10 years. (Pen. Code, § 191.5 subds. (a), (c).)
- Provides that vehicular manslaughter while intoxicated is a misdemeanor punishable by imprisonment in a county jail for not more than one year or a felony punishable by imprisonment in a county jail 16 months or two or four years. (Pen. Code, § 191.5 subds. (b), (c).)
- States that a person who flees the scene of an accident after committing gross vehicular manslaughter or gross vehicular manslaughter while intoxicated, upon conviction for that offense, shall be punished by an additional term of five years in the state prison. This additional term runs consecutive to the punishment for the vehicular manslaughter. (Veh. Code, § 20001, subd. (c).)
- Establishes the Board to operate the California Victim Compensation Program (the Board). (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).)
- Defines “crime” for purposes of victim compensation to mean “a crime or public offense, wherever it may take place, that would constitute a misdemeanor or a felony if the crime had been committed in California by a competent adult. (Gov. Code, § 13951, subd. (b)(1).)
- Provides that a person shall be eligible for compensation if they are a victim or a derivative victim. A derivative victim includes the victim’s child, among others (Gov. Code, § 13955.)
- States that a derivative victim is eligible for compensation if the injury or death was a direct result of a specified vehicular crime, including if the injury or death was intentionally inflicted through the use of a motor vehicle, caused by a driver who fails to stop at the scene of an accident, caused by a person who is under the influence of any alcoholic beverage or drug, caused by a driver of a motor vehicle in the immediate act of fleeing the scene of a crime in which he or she knowingly and willingly participated, or caused by a person who commits vehicular manslaughter. (Gov. Code, § § 13955.)
- Authorizes the Board to reimburse victims and derivative victims for the specified types of pecuniary losses, including but not limited to 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. (Gov. Code, § 13957, subd. (a).)
- Provides that, 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. (Gov. Code, § 13957, subd. (a)(3).)
- Authorizes compensation to a derivative victim who was legally dependent on the victim at the time of the crime for the loss of support incurred by that person as a direct result of the crime, subject to both of the following:
- Loss of support shall be paid by the Board for income lost by an adult for a period up to, but not more than, five years following the date of the crime; and
- Loss of support shall not be paid by the Board on behalf of a minor for a period beyond the child’s attaining 18 years of age. (Gov. Code, § § 13957.5, subd. (a)(4).)
- Loss of support shall be paid by the Board for income lost by an adult for a period up to, but not more than, five years following the date of the crime; and
- Provides that the total award to or on behalf of each victim may not exceed $35,000, and may be increased to an amount not exceeding $70,000, if federal funds for the increase are available. The total amount payable to all derivative victims for loss of support as the result of one crime shall not exceed $70,000. (Gov. Code, §§ 13957, subd. (b) & 13957.5, subd. (b).)
FISCAL EFFECT:
Unknown
COMMENTS:
- Author's Statement: According to the author, “All children deserve an equal chance at life. This opportunity is taken away when children lose their parents—especially if it results from a tragic and self-centered action like drinking and driving and killing a parent of a minor. DUI/Hit and run accidents are rampant and have only gone up over the years. AB 1551 would leave a defendant responsible, via the California Victim’s Compensation Board, for child support if the defendant kills the parent of a minor while driving under the influence. We need comprehensive solutions-- I want to ensure children are given resources to help combat the damage caused by these tragedies. This is wholeheartedly about helping the lives of children left without resources, and nothing less.”
- The Victim Compensation Program: The California Victims Compensation Program provides compensation to victims of violent crime for the losses they suffer as a direct result of criminal acts. (Gov. Code, § 13953 et seq.) The Board administers the program and awards compensation to victims with moneys from the state Restitution Fund. (Gov. Code, § 13950, subd. (b).)
Compensation is available to victims and derivative victims who suffer injuries or death as a direct result of specified crimes. (Gov. Code, § 139501.) To be eligible for compensation, victims must meet specific criteria and file a timely application with the Board. (Ibid.)
Compensation is available for a range of qualified expenses, including, but not limited to, medical and dental expenses, outpatient mental health treatment and counseling, in-patient psychiatric costs, funeral/burial costs, support loss for legal dependents, wage or income loss, job retraining, crime scene clean-up, relocation expenses, veterinarian fees, mileage reimbursements, and home renovation and security improvements. (California Victim Compensation Board, Who is Eligible? <https://victims.ca.gov/for-victims/who-is-eligible/> [as of Feb. 8, 2023].) The total award to or on behalf of each victim may not exceed $35,000, and may be increased to an amount not exceeding $70,000, if federal funds for the increase are available. (Gov. Code, § 13957, subd. (b).)
- Victim Compensation for Child Victims of Vehicular Offenses: Children under age 18, who are legally dependent on an adult victim at the time of any qualifying offense, including specified vehicular offenses, are eligible for loss of support due to the victim’s injury or death. (Gov. Code, §§ 13957, 13957.5.) Gross vehicular manslaughter while intoxicated, vehicular manslaughter while intoxicated, and hit and run while intoxicated, are such qualifying offenses. (Gov. Code, § § 13955.) Loss of support must be paid by the Board for a period up to, but not more than, five years following the date of the crime. (Gov. Code, §§ 13957, 13957.5.) Loss of support cannot be paid by the Board on behalf of a minor after they turn 18. The total award for loss of support cannot exceed $70,000. (Gov. Code § 13957.5, subd. (b).)
This bill would additionally require the Board to pay child victims loss of support until they are 18 years old if their parent death was the result of being a victim of gross vehicular manslaughter while intoxicated, vehicular manslaughter while intoxicated, or a hit and run while intoxicated. The total amount payable cannot exceed $100,000.
This bill differs from the existing provisions providing for loss of support in the following ways: (1) the loss of support must have been the result of the victim’s death, not injury; (2) the total award is capped at $100,000 not $70,000; (3) there is no requirement that the parent of the minor had to have been an adult at the time of the offense; and, (4) there is no requirement that the loss of support be limited to a period of 5 years following the date of the crime.
- Condition of the Restitution Fund: The Restitution Fund, which funds the Victim Compensation Program, has been operating under a structural deficiency for a number of years. In 2015, the Legislative Analyst’s Office (LAO) reported the Restitution Fund was depleting and would eventually face insolvency. (LAO, Improving State Programs for Crime Victims (2015) <https://lao.ca.gov/reports/2015/budget/crime-victims/crime-victims-031815.aspx> [as of Feb. 8, 2023].) Although revenue has remained consistent, expenditures have outpaced revenues since FY 2015-16. The Governor’s 2021-22 budget proposed $33 million dollars in one-time General Fund monies to backfill declining fine and fee revenues in the Restitution Fund, and $39.5 million annually afterwards. This amount will allow the Board to continue operating at its current resource level. The Budget Act allows for additional backfill upon a determination that revenues are insufficient to support the Board. (Department of Finance, California State Budget –2023-24 at p. 90 <https://ebudget.ca.gov/2023-24/pdf/BudgetSummary/CriminalJustice.pdf> [as of Feb. 8, 2023].) In addition, the 2022 Budget prioritized changes to the victim compensation program and the elimination of the restitution fine, if a determination is made in the spring of 2024 that the General Fund over the multiyear forecast is available to support this ongoing augmentation. (Ibid.)
Should the Legislature expand victim compensation when the proposed backfill only allows the Board to continue operating at its current level?
- Argument in Support: According to Mothers Against Drunk Driving (MADD), “Drunk driving deaths increased by 20% California. According to the National Highway Traffic Safety Administration in 2019, there were 966 people killed in drunk driving crashes, but these deaths increased 20% in 2020 to 1,159 people lives taken due to drunk driving.
“AB 1551 better ensures justice and accountability. MADD believes that passing this proposal will make people think twice before getting behind the wheel impaired. […]
“To the victims of the impaired drivers, this proposal allows for another avenue of restitution to help ensure justice.”
- Argument in Opposition: According to the California Public Defenders Association (CPDA), “Intoxicated driving that causes death is indeed a tragedy. It is severely punished. An intoxicated driver can be charged with murder and sentenced to life in prison. A person charged with gross vehicular manslaughter while intoxicated can also receive a life sentence. A death caused under these circumstances almost always results in a prison sentence. A person in prison most often has lost their job, makes pennies from prison work, and has no assets.
“Restitution for losses caused by crimes is mandatory. Usually, some proof of loss is presented that gives the court the ability to determine a reasonable restitution amount.
“AB 1551, unfortunately, is standardless and perhaps inequitable. The restitution desired in AB 1551 for intoxicated driving or hit and run should be sought in a civil law suit, not as restitution in a criminal case. In a civil action, damages are awarded based upon proof. When lost future income is at issue the plaintiff will present an expert witness, such as an economist, who will provide evidence. The defense may choose to present their own expert and the jury will determine the damage award. There is a clear opportunity to challenge the expert conclusions.”
- Related Legislation:
- AB 56 (Lackey), would expand eligibility for victim compensation to include emotional injuries from felony violations of, among other things, attempted murder, rape and sexual assault, mayhem, and stalking. AB 56 is pending on the Assembly Floor.
- AB 1067 (Jim Patterson), would increase the penalties for fleeing the scene of an accident resulting in the death of another person from an alternate felony-misdemeanor with a maximum punishment of four years in state prison, to an alternate felony-misdemeanor having a maximum punishment of six years in the state prison. AB 1607 is pending in Assembly Appropriations Committee.
- AB 1186 (Bonta), would require the Board, upon appropriation by the Legislature, to compensate victims for their economic losses resulting from offenses committed by juveniles. AB 1186 is pending in the Assembly Appropriations Committee.
- AB 1187 (Quirk-Silva), would authorize the Board to reimburse the expense of counseling services provided by a Certified Child Life Specialist who provides counseling under the supervision of a licensed provider. AB 1187 is being heard in this Committee today.
- AB 56 (Lackey), would expand eligibility for victim compensation to include emotional injuries from felony violations of, among other things, attempted murder, rape and sexual assault, mayhem, and stalking. AB 56 is pending on the Assembly Floor.
- Prior Legislation:
- SB 1232 (Bradford), Chapter 983, Statues of 2018, extended the time limit to file an application for compensation with the Board within three years after the victim turns 21, instead of 18.
- AB 2809 (Leno), Chapter 587, Statutes of 2008, allowed a minor who suffers emotional injury as a direct result of witnessing a violent crime to be eligible for reimbursement for the costs of outpatient mental health counseling if the minor was in close proximity to the victim when he or she witnessed the crime.
- SB 1232 (Bradford), Chapter 983, Statues of 2018, extended the time limit to file an application for compensation with the Board within three years after the victim turns 21, instead of 18.
REGISTERED SUPPORT / OPPOSITION:
Support
Alcohol Justice
California Association of Highway Patrolmen
Mothers Against Drunk Driving
Peace Officers Research Association of California (PORAC)
Streets for All
Opposition
California Public Defenders Association (CPDA)
Analysis Prepared by:
Discussed in Hearing
10MIN
Assembly Standing Committee on Public Safety
Bill Author
Bill Co-Author(s):