AB 56: Victim’s compensation: emotional injuries.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2023-10-08
Current Status:
Passed
(2023-10-08: Chaptered by Secretary of State - Chapter 512, Statutes of 2023.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
This bill lets victims and their family members (called “derivative victims”) receive state compensation for emotional injuries caused by additional felony crimes, including attempted murder, rape and sexual assault, mayhem, stalking, and similar offenses.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Existing law generally provides for the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation Board from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of those crimes, including emotional injuries where the crime was a violation of specified provisions.
This bill would expand eligibility for compensation to include emotional injuries from felony violations of, among other things, attempted murder, rape and sexual assault, mayhem, and stalking.
By expanding the authorization for the use of moneys in the continuously appropriated Restitution Fund, this bill would make an appropriation.
Existing law generally provides for the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation Board from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of those crimes, including emotional injuries where the crime was a violation of specified provisions.
This bill would expand eligibility for compensation to include emotional injuries from felony violations of, among other things, attempted murder, rape and sexual assault, mayhem, and stalking.
By expanding the authorization for the use of moneys in the continuously appropriated Restitution Fund, this bill would make an appropriation.
Existing law generally provides for the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation Board from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of those crimes, including emotional injuries where the crime was a violation of specified provisions.
This bill would expand eligibility for compensation to include emotional injuries from felony violations of, among other things, attempted murder, rape and sexual assault, mayhem, and stalking.
By expanding the authorization for the use of moneys in the continuously appropriated Restitution Fund, this bill would make an appropriation.
Existing law generally provides for the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation Board from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of those crimes, including emotional injuries where the crime was a violation of specified provisions.
This bill would expand eligibility for compensation to include emotional injuries from felony violations of, among other things, attempted murder, rape and sexual assault, mayhem, and stalking.
By expanding the authorization for the use of moneys in the continuously appropriated Restitution Fund, this bill would make an appropriation.
Existing law requires the court to order a person who is convicted of a crime to pay restitution to the victim or victims for the full amount of economic loss. Existing law also requires that order to include noneconomic losses, including, but not limited to, psychological harm, for felony violations of specified crimes relating to child sexual abuse.This bill would expand those provisions to also include noneconomic losses from felony violations of, among other things, attempted murder, rape and sexual assault, mayhem, robbery, and stalking.Existing law requires the court to order a person who is convicted of a crime to pay restitution to the victim or victims for the full amount of economic loss. Existing law also requires that order to include noneconomic losses, including, but not limited to, psychological harm, for felony violations of specified crimes relating to child sexual abuse.
This bill would expand those provisions to also include noneconomic losses from felony violations of, among other things, attempted murder, rape and sexual assault, mayhem, robbery, and stalking.
Except as provided in Section 13956, a person shall be eligible for compensation when all of the following requirements are met:
(a)The person for whom compensation is being sought is any of the following:
(1)A victim.
(2)A derivative victim.
(3)(A)A person who is entitled to reimbursement for funeral, burial, or crime scene cleanup expenses pursuant to paragraph (9) or (10) of subdivision (a) of Section 13957.
(B)This paragraph applies without respect to any felon status of the victim.
(b)Either of the following conditions is met:
(1)The crime occurred in California. This paragraph shall apply only during those time periods during which the board determines that federal funds are available to the state for the compensation of victims of crime.
(2)Whether or not the crime occurred in California, the victim was any of the following:
(A)A resident of California.
(B)A member of the military stationed in California.
(C)A family member living with a member of the military stationed in California.
(c)If compensation is being sought for a derivative victim, the derivative victim is a resident of California, or any other state, who is any of the following:
(1)At the time of the crime was the parent, grandparent, sibling, spouse, child, or grandchild of the victim.
(2)At the time of the crime was living in the household of the victim.
(3)At the time of the crime was a person who had previously lived in the household of the victim for a period of not less than two years in a relationship substantially similar to a relationship listed in paragraph (1).
(4)Is another family member of the victim, including, but not limited to, the victims fiance or fiancee, and who witnessed the crime.
(5)Is the primary caretaker of a minor victim, but was not the primary caretaker at the time of the crime.
(d)The application is timely pursuant to Section 13953.
(e)(1)Except as provided in paragraph (2), the injury or death was a direct result of a crime.
(2)Notwithstanding paragraph (1), no act involving the operation of a motor vehicle, aircraft, or water vehicle that results in injury or death constitutes a crime for the purposes of this chapter, except when the injury or death from such an act was any of the following:
(A)Intentionally inflicted through the use of a motor vehicle, aircraft, or water vehicle.
(B)Caused by a driver who fails to stop at the scene of an accident in violation of Section 20001 of the Vehicle Code.
(C)Caused by a person who is under the influence of any alcoholic beverage or drug.
(D)Caused by a driver of a motor vehicle in the immediate act of fleeing the scene of a crime in which they knowingly and willingly participated.
(E)Caused by a person who commits vehicular manslaughter in violation of subdivision (b) of Section 191.5, subdivision (c) of Section 192, or Section 192.5 of the Penal Code.
(F)Caused by any party where a peace officer is operating a motor vehicle in an effort to apprehend a suspect, and the suspect is evading, fleeing, or otherwise attempting to elude the peace officer.
(f)As a direct result of the crime, the victim or derivative victim sustained one or more of the following:
(1)Physical injury. The board may presume a child who has been the witness of a crime of domestic violence has sustained physical injury. A child who resides in a home where a crime or crimes of domestic violence have occurred may be presumed by the board to have sustained physical injury, regardless of whether the child has witnessed the crime.
(2)Emotional injury and a threat of physical injury.
(3)Emotional injury, where the crime was a violation of any of the following provisions:
(A)Section 236.1, 261, former Section 262, 271, 273a, 273d, 285, 286, 287, 288, former Section 288a, Section 288.5, 289, or 653.2 of, or subdivision (b) or (c) of Section 311.4 of, the Penal Code.
(B)Felony violations of subdivision (a) of Section 187 of, Section 203, 206, 207, 209, 209.5, 210, 220, 264.1, 269, 288.7, or 646.9 of, or any crime punishable pursuant to Section 667.61 or 667.71 of, or attempted violations of Section 187 of, the Penal Code.
(C)Section 270 of the Penal Code, where the emotional injury was a result of conduct other than a failure to pay child support, and criminal charges were filed.
(D)Section 261.5 of the Penal Code, and criminal charges were filed.
(E)Section 278 or 278.5 of the Penal Code, and criminal charges were filed. For purposes of this paragraph, the child, and not the nonoffending parent or other caretaker, shall be deemed the victim.
(4)Injury to, or the death of, a guide, signal, or service dog, as defined in Section 54.1 of the Civil Code, as a result of a violation of Section 600.2 or 600.5 of the Penal Code.
(5)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.
(g)The injury or death has resulted or may result in pecuniary loss within the scope of compensation pursuant to Sections 13957 to 13957.7, inclusive.
Except as provided in Section 13956, a person shall be eligible for compensation when all of the following requirements are met:
(a)The person for whom compensation is being sought is any of the following:
(1)A victim.
(2)A derivative victim.
(3)(A)A person who is entitled to reimbursement for funeral, burial, or crime scene cleanup expenses pursuant to paragraph (9) or (10) of subdivision (a) of Section 13957.
(B)This paragraph applies without respect to any felon status of the victim.
(b)Either of the following conditions is met:
(1)The crime occurred in California. This paragraph shall apply only during those time periods during which the board determines that federal funds are available to the state for the compensation of victims of crime.
(2)Whether or not the crime occurred in California, the victim was any of the following:
(A)A resident of California.
(B)A member of the military stationed in California.
(C)A family member living with a member of the military stationed in California.
(c)If compensation is being sought for a derivative victim, the derivative victim is a resident of California, or any other state, who is any of the following:
(1)At the time of the crime was the parent, grandparent, sibling, spouse, child, or grandchild of the victim.
(2)At the time of the crime was living in the household of the victim.
(3)At the time of the crime was a person who had previously lived in the household of the victim for a period of not less than two years in a relationship substantially similar to a relationship listed in paragraph (1).
(4)Is another family member of the victim, including, but not limited to, the victims fiance or fiancee, and who witnessed the crime.
(5)Is the primary caretaker of a minor victim, but was not the primary caretaker at the time of the crime.
(d)The application is timely pursuant to Section 13953.
(e)(1)Except as provided in paragraph (2), the injury or death was a direct result of a crime.
(2)Notwithstanding paragraph (1), no act involving the operation of a motor vehicle, aircraft, or water vehicle that results in injury or death constitutes a crime for the purposes of this chapter, except when the injury or death from such an act was any of the following:
(A)Intentionally inflicted through the use of a motor vehicle, aircraft, or water vehicle.
(B)Caused by a driver who fails to stop at the scene of an accident in violation of Section 20001 of the Vehicle Code.
(C)Caused by a person who is under the influence of any alcoholic beverage or drug.
(D)Caused by a driver of a motor vehicle in the immediate act of fleeing the scene of a crime in which they knowingly and willingly participated.
(E)Caused by a person who commits vehicular manslaughter in violation of subdivision (b) of Section 191.5, subdivision (c) of Section 192, or Section 192.5 of the Penal Code.
(F)Caused by any party where a peace officer is operating a motor vehicle in an effort to apprehend a suspect, and the suspect is evading, fleeing, or otherwise attempting to elude the peace officer.
(f)As a direct result of the crime, the victim or derivative victim sustained one or more of the following:
(1)Physical injury. The board may presume a child who has been the witness of a crime of domestic violence has sustained physical injury. A child who resides in a home where a crime or crimes of domestic violence have occurred may be presumed by the board to have sustained physical injury, regardless of whether the child has witnessed the crime.
(2)Emotional injury and a threat of physical injury.
(3)Emotional injury, where the crime was a violation of any of the following provisions:
(A)Section 236.1, 261, former Section 262, 271, 273a, 273d, 285, 286, 287, 288, former Section 288a, Section 288.5, 289, or 653.2 of, or subdivision (b) or (c) of Section 311.4 of, the Penal Code.
(B)Felony violations of subdivision (a) of Section 187 of, Section 203, 206, 207, 209, 209.5, 210, 220, 264.1, 269, 288.7, or 646.9 of, or any crime punishable pursuant to Section 667.61 or 667.71 of, or attempted violations of Section 187 of, the Penal Code.
(C)Section 270 of the Penal Code, where the emotional injury was a result of conduct other than a failure to pay child support, and criminal charges were filed.
(D)Section 261.5 of the Penal Code, and criminal charges were filed.
(E)Section 278 or 278.5 of the Penal Code, and criminal charges were filed. For purposes of this paragraph, the child, and not the nonoffending parent or other caretaker, shall be deemed the victim.
(4)Injury to, or the death of, a guide, signal, or service dog, as defined in Section 54.1 of the Civil Code, as a result of a violation of Section 600.2 or 600.5 of the Penal Code.
(5)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.
(g)The injury or death has resulted or may result in pecuniary loss within the scope of compensation pursuant to Sections 13957 to 13957.7, inclusive.
Except as provided in Section 13956, a person shall be eligible for compensation when all of the following requirements are met:
(a)The person for whom compensation is being sought is any of the following:
(1)A victim.
(2)A derivative victim.
(3)(A)A person who is entitled to reimbursement for funeral, burial, or crime scene cleanup expenses pursuant to paragraph (9) or (10) of subdivision (a) of Section 13957.
(B)This paragraph applies without respect to any felon status of the victim.
(b)Either of the following conditions is met:
(1)The crime occurred in California. This paragraph shall apply only during those time periods during which the board determines that federal funds are available to the state for the compensation of victims of crime.
(2)Whether or not the crime occurred in California, the victim was any of the following:
(A)A resident of California.
(B)A member of the military stationed in California.
(C)A family member living with a member of the military stationed in California.
(c)If compensation is being sought for a derivative victim, the derivative victim is a resident of California, or any other state, who is any of the following:
(1)At the time of the crime was the parent, grandparent, sibling, spouse, child, or grandchild of the victim.
(2)At the time of the crime was living in the household of the victim.
(3)At the time of the crime was a person who had previously lived in the household of the victim for a period of not less than two years in a relationship substantially similar to a relationship listed in paragraph (1).
(4)Is another family member of the victim, including, but not limited to, the victims fiance or fiancee, and who witnessed the crime.
(5)Is the primary caretaker of a minor victim, but was not the primary caretaker at the time of the crime.
(d)The application is timely pursuant to Section 13953.
(e)(1)Except as provided in paragraph (2), the injury or death was a direct result of a crime.
(2)Notwithstanding paragraph (1), no act involving the operation of a motor vehicle, aircraft, or water vehicle that results in injury or death constitutes a crime for the purposes of this chapter, except when the injury or death from such an act was any of the following:
(A)Intentionally inflicted through the use of a motor vehicle, aircraft, or water vehicle.
(B)Caused by a driver who fails to stop at the scene of an accident in violation of Section 20001 of the Vehicle Code.
(C)Caused by a person who is under the influence of any alcoholic beverage or drug.
(D)Caused by a driver of a motor vehicle in the immediate act of fleeing the scene of a crime in which they knowingly and willingly participated.
(E)Caused by a person who commits vehicular manslaughter in violation of subdivision (b) of Section 191.5, subdivision (c) of Section 192, or Section 192.5 of the Penal Code.
(F)Caused by any party where a peace officer is operating a motor vehicle in an effort to apprehend a suspect, and the suspect is evading, fleeing, or otherwise attempting to elude the peace officer.
(f)As a direct result of the crime, the victim or derivative victim sustained one or more of the following:
(1)Physical injury. The board may presume a child who has been the witness of a crime of domestic violence has sustained physical injury. A child who resides in a home where a crime or crimes of domestic violence have occurred may be presumed by the board to have sustained physical injury, regardless of whether the child has witnessed the crime.
(2)Emotional injury and a threat of physical injury.
(3)Emotional injury, where the crime was a violation of any of the following provisions:
(A)Section 203, 206, 207, 209, 209.5, 210, 220, 236.1, 261, former Section 262, Section 264.1, 269, 236.1, 261, former Section 262, 271, 273a, 273d, 285, 286, 287, 288, former Section 288a, Section 288.5, 288.7, 289, 646.9, 653.2, 664, 667.61, or 667.71 of, subdivision (a) of Section 187 of, 289, or 653.2 of, or subdivision (b) or (c) of Section 311.4 of, the Penal Code.
(B)Felony violations of subdivision (a) of Section 187 of, Section 203, 206, 207, 209, 209.5, 210, 220, 264.1, 269, 288.7, or 646.9 of, or any crime punishable pursuant to Section 667.61 or 667.71 of, or attempted violations of Section 187 of, the Penal Code.
(B)(C)Section 270 of the Penal Code, where the emotional injury was a result of conduct other than a failure to pay child support, and criminal charges were filed.
(C)(D)Section 261.5 of the Penal Code, and criminal charges were filed.
(D)(E)Section 278 or 278.5 of the Penal Code, and criminal charges were filed. For purposes of this paragraph, the child, and not the nonoffending parent or other caretaker, shall be deemed the victim.
(4)Injury to, or the death of, a guide, signal, or service dog, as defined in Section 54.1 of the Civil Code, as a result of a violation of Section 600.2 or 600.5 of the Penal Code.
(5)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.
(g)The injury or death has resulted or may result in pecuniary loss within the scope of compensation pursuant to Sections 13957 to 13957.7, inclusive.
Except as provided in Section 13956, a person shall be eligible for compensation when all of the following requirements are met:
(a)The person for whom compensation is being sought is any of the following:
(1)A victim.
(2)A derivative victim.
(3)(A)A person who is entitled to reimbursement for funeral, burial, or crime scene cleanup expenses pursuant to paragraph (9) or (10) of subdivision (a) of Section 13957.
(B)This paragraph applies without respect to any felon status of the victim.
(b)Either of the following conditions is met:
(1)The crime occurred in California. This paragraph shall apply only during those time periods during which the board determines that federal funds are available to the state for the compensation of victims of crime.
(2)Whether or not the crime occurred in California, the victim was any of the following:
(A)A resident of California.
(B)A member of the military stationed in California.
(C)A family member living with a member of the military stationed in California.
(c)If compensation is being sought for a derivative victim, the derivative victim is a resident of California, or any other state, who is any of the following:
(1)At the time of the crime was the parent, grandparent, sibling, spouse, child, or grandchild of the victim.
(2)At the time of the crime was living in the household of the victim.
(3)At the time of the crime was a person who had previously lived in the household of the victim for a period of not less than two years in a relationship substantially similar to a relationship listed in paragraph (1).
(4)Is another family member of the victim, including, but not limited to, the victims fiance or fiancee, and who witnessed the crime.
(5)Is the primary caretaker of a minor victim, but was not the primary caretaker at the time of the crime.
(d)The application is timely pursuant to Section 13953.
(e)(1)Except as provided in paragraph (2), the injury or death was a direct result of a crime.
(2)Notwithstanding paragraph (1), no act involving the operation of a motor vehicle, aircraft, or water vehicle that results in injury or death constitutes a crime for the purposes of this chapter, except when the injury or death from such an act was any of the following:
(A)Intentionally inflicted through the use of a motor vehicle, aircraft, or water vehicle.
(B)Caused by a driver who fails to stop at the scene of an accident in violation of Section 20001 of the Vehicle Code.
(C)Caused by a person who is under the influence of any alcoholic beverage or drug.
(D)Caused by a driver of a motor vehicle in the immediate act of fleeing the scene of a crime in which he or she they knowingly and willingly participated.
(E)Caused by a person who commits vehicular manslaughter in violation of subdivision (b) of Section 191.5, subdivision (c) of Section 192, or Section 192.5 of the Penal Code.
(F)Caused by any party where a peace officer is operating a motor vehicle in an effort to apprehend a suspect, and the suspect is evading, fleeing, or otherwise attempting to elude the peace officer.
(f)As a direct result of the crime, the victim or derivative victim sustained one or more of the following:
(1)Physical injury. The board may presume a child who has been the witness of a crime of domestic violence has sustained physical injury. A child who resides in a home where a crime or crimes of domestic violence have occurred may be presumed by the board to have sustained physical injury, regardless of whether the child has witnessed the crime.
(2)Emotional injury and a threat of physical injury.
(3)Emotional injury, where the crime was a violation of any of the following provisions:
(A)Section 203, 206, 207, 209, 209.5, 210, 220, 236.1, 261, former Section 262, Section 264.1, 269, 271, 273a, 273d, 285, 286, 287, or 288 of, 288, former Section 288a of, 288a, Section 288.5, 288.7, 289, or 653.2 646.9, 653.2, 664, 667.61, or 667.71 of, subdivision (a) of Section 187 of, or subdivision (b) or (c) of Section 311.4 of, the Penal Code.
(B)Section 270 of the Penal Code, where the emotional injury was a result of conduct other than a failure to pay child support, and criminal charges were filed.
(C)Section 261.5 of the Penal Code, and criminal charges were filed.
(D)Section 278 or 278.5 of the Penal Code, and criminal charges were filed. For purposes of this paragraph, the child, and not the nonoffending parent or other caretaker, shall be deemed the victim.
(4)Injury to, or the death of, a guide, signal, or service dog, as defined in Section 54.1 of the Civil Code, as a result of a violation of Section 600.2 or 600.5 of the Penal Code.
(5)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.
(g)The injury or death has resulted or may result in pecuniary loss within the scope of compensation pursuant to Sections 13957 to 13957.7, inclusive.
SECTION 1.Section 1202.4 of the Penal Code is amended to read:1202.4.(a)(1)It is the intent of the Legislature that a victim of crime who incurs an economic loss as a result of the commission of a crime shall receive restitution directly from a defendant convicted of that crime.(2)Upon a person being convicted of a crime in the State of California, the court shall order the defendant to pay a fine in the form of a penalty assessment in accordance with Section 1464.(3)The court, in addition to any other penalty provided or imposed under the law, shall order the defendant to pay both of the following:(A)A restitution fine in accordance with subdivision (b).(B)Restitution to the victim or victims, if any, in accordance with subdivision (f), which shall be enforceable as if the order were a civil judgment.(b)In every case where a person is convicted of a crime, the court shall impose a separate and additional restitution fine, unless it finds compelling and extraordinary reasons for not doing so and states those reasons on the record.(1)The restitution fine shall be set at the discretion of the court and commensurate with the seriousness of the offense. If the person is convicted of a felony, the fine shall not be less than three hundred dollars ($300) and not more than ten thousand dollars ($10,000). If the person is convicted of a misdemeanor, the fine shall not be less than one hundred fifty dollars ($150) and not more than one thousand dollars ($1,000).(2)In setting a felony restitution fine, the court may determine the amount of the fine as the product of the minimum fine pursuant to paragraph (1) multiplied by the number of years of imprisonment the defendant is ordered to serve, multiplied by the number of felony counts of which the defendant is convicted.(c)The court shall impose the restitution fine unless it finds compelling and extraordinary reasons for not doing so and states those reasons on the record. A defendants inability to pay shall not be considered a compelling and extraordinary reason not to impose a restitution fine. Inability to pay may be considered only in increasing the amount of the restitution fine in excess of the minimum fine pursuant to paragraph (1) of subdivision (b). The court may specify that funds confiscated at the time of the defendants arrest, except for funds confiscated pursuant to Chapter 8 (commencing with Section 11469) of Division 10 of the Health and Safety Code, be applied to the restitution fine if the funds are not exempt for spousal or child support or subject to any other legal exemption.(d)In setting the amount of the fine pursuant to subdivision (b) in excess of the minimum fine pursuant to paragraph (1) of subdivision (b), the court shall consider any relevant factors, including, but not limited to, the defendants inability to pay, the seriousness and gravity of the offense and the circumstances of its commission, any economic gain derived by the defendant as a result of the crime, the extent to which any other person suffered losses as a result of the crime, and the number of victims involved in the crime. Those losses may include pecuniary losses to the victim or the victims dependents as well as intangible losses, such as psychological harm caused by the crime. Consideration of a defendants inability to pay may include the defendants future earning capacity. A defendant shall bear the burden of demonstrating the defendants inability to pay. Express findings by the court as to the factors bearing on the amount of the fine shall not be required. A separate hearing for the fine shall not be required.(e)The restitution fine shall not be subject to penalty assessments authorized in Section 1464 or Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code, or the state surcharge authorized in Section 1465.7, and shall be deposited in the Restitution Fund in the State Treasury.(f)Except as provided in subdivisions (p) and (q), in every case in which a victim has suffered economic loss as a result of the defendants conduct, the court shall require that the defendant make restitution to the victim or victims in an amount established by court order, based on the amount of loss claimed by the victim or victims or any other showing to the court. If the amount of loss cannot be ascertained at the time of sentencing, the restitution order shall include a provision that the amount shall be determined at the direction of the court. The court shall order full restitution. The court may specify that funds confiscated at the time of the defendants arrest, except for funds confiscated pursuant to Chapter 8 (commencing with Section 11469) of Division 10 of the Health and Safety Code, be applied to the restitution order if the funds are not exempt for spousal or child support or subject to any other legal exemption.(1)The defendant has the right to a hearing before a judge to dispute the determination of the amount of restitution. The court may modify the amount, on its own motion or on the motion of the district attorney, the victim or victims, or the defendant. If a motion is made for modification of a restitution order, the victim shall be notified of that motion at least 10 days prior to the proceeding held to decide the motion. A victim at a restitution hearing or modification hearing described in this paragraph may testify by live, two-way audio and video transmission, if testimony by live, two-way audio and video transmission is available at the court.(2)Determination of the amount of restitution ordered pursuant to this subdivision shall not be affected by the indemnification or subrogation rights of a third party. Restitution ordered pursuant to this subdivision shall be ordered to be deposited in the Restitution Fund to the extent that the victim, as defined in subdivision (k), has received assistance from the California Victim Compensation Board pursuant to Chapter 5 (commencing with Section 13950) of Part 4 of Division 3 of Title 2 of the Government Code.(3)To the extent possible, the restitution order shall be prepared by the sentencing court, shall identify each victim and each loss to which it pertains, and shall be of a dollar amount that is sufficient to fully reimburse the victim or victims for every determined economic loss incurred as the result of the defendants criminal conduct, including, but not limited to, all of the following:(A)Full or partial payment for the value of stolen or damaged property. The value of stolen or damaged property shall be the replacement cost of like property, or the actual cost of repairing the property when repair is possible.(B)Medical expenses.(C)Mental health counseling expenses.(D)Wages or profits lost due to injury incurred by the victim, and if the victim is a minor, wages or profits lost by the minors parent, parents, guardian, or guardians, while caring for the injured minor. Lost wages shall include commission income as well as base wages. Commission income shall be established by evidence of commission income during the 12-month period prior to the date of the crime for which restitution is being ordered, unless good cause for a shorter time period is shown.(E)Wages or profits lost by the victim, and if the victim is a minor, wages or profits lost by the minors parent, parents, guardian, or guardians, due to time spent as a witness or in assisting the police or prosecution. Lost wages shall include commission income as well as base wages. Commission income shall be established by evidence of commission income during the 12-month period prior to the date of the crime for which restitution is being ordered, unless good cause for a shorter time period is shown.(F)Noneconomic losses, including, but not limited to, psychological harm, for felony violations of any of the following:(i)Attempted murder.(ii)Lewd acts on a child, as defined in Section 269, 288, 288.5, or 288.7.(iii)Exploitation of a child in the production of child pornography, as defined in Section 311.4.(iv)Rape and sexual assault, as defined in Section 261, former Section 262, 264.1, 286, 287, former Section 288a, 667.61, or 667.71.(v)Mayhem, as defined in Section 203.(vi)Torture, as defined in Section 206.(vii)Kidnapping, as defined in Section 207, 209, 209.5 or 210.(viii)Robbery, train robbery, or carjacking, as defined in Section 211, 212.5, 214, or 215.(ix)Assault with the intent to commit mayhem or specified sex offenses, as defined in Section 220.(x)Human trafficking, as defined in Section 236.1.(xi)Stalking, as defined in Section 646.9.(G)Interest, at the rate of 10 percent per annum, that accrues as of the date of sentencing or loss, as determined by the court.(H)Actual and reasonable attorneys fees and other costs of collection accrued by a private entity on behalf of the victim.(I)Expenses incurred by an adult victim in relocating away from the defendant, including, but not limited to, deposits for utilities and telephone service, deposits for rental housing, temporary lodging and food expenses, clothing, and personal items. Expenses incurred pursuant to this section shall be verified by law enforcement to be necessary for the personal safety of the victim or by a mental health treatment provider to be necessary for the emotional well-being of the victim.(J)Expenses to install or increase residential security incurred related to a violation of Section 273.5, or a violent felony as defined in subdivision (c) of Section 667.5, including, but not limited to, a home security device or system, or replacing or increasing the number of locks.(K)Expenses to retrofit a residence or vehicle, or both, to make the residence accessible to or the vehicle operational by the victim, if the victim is permanently disabled, whether the disability is partial or total, as a direct result of the crime.(L)Expenses for a period of time reasonably necessary to make the victim whole, for the costs to monitor the credit report of, and for the costs to repair the credit of, a victim of identity theft, as defined in Section 530.5.(4)(A)If, as a result of the defendants conduct, the Restitution Fund has provided assistance to or on behalf of a victim or derivative victim pursuant to Chapter 5 (commencing with Section 13950) of Part 4 of Division 3 of Title 2 of the Government Code, the amount of assistance provided shall be presumed to be a direct result of the defendants criminal conduct and shall be included in the amount of the restitution ordered.(B)The amount of assistance provided by the Restitution Fund shall be established by copies of bills submitted to the California Victim Compensation Board reflecting the amount paid by the board and whether the services for which payment was made were for medical or dental expenses, funeral or burial expenses, mental health counseling, wage or support losses, or rehabilitation. Certified copies of these bills provided by the board and redacted to protect the privacy and safety of the victim or any legal privilege, together with a statement made under penalty of perjury by the custodian of records that those bills were submitted to and were paid by the board, shall be sufficient to meet this requirement.(C)If the defendant offers evidence to rebut the presumption established by this paragraph, the court may release additional information contained in the records of the board to the defendant only after reviewing that information in camera and finding that the information is necessary for the defendant to dispute the amount of the restitution order.(5)Except as provided in paragraph (6), in any case in which an order may be entered pursuant to this subdivision, the defendant shall prepare and file a disclosure identifying all assets, income, and liabilities in which the defendant held or controlled a present or future interest as of the date of the defendants arrest for the crime for which restitution may be ordered. The financial disclosure statements shall be made available to the victim and the board pursuant to Section 1214. The disclosure shall be signed by the defendant upon a form approved or adopted by the Judicial Council for the purpose of facilitating the disclosure. A defendant who willfully states as true a material matter that the defendant knows to be false on the disclosure required by this subdivision is guilty of a misdemeanor, unless this conduct is punishable as perjury or another provision of law provides for a greater penalty.(6)A defendant who fails to file the financial disclosure required in paragraph (5), but who has filed a financial affidavit or financial information pursuant to subdivision (c) of Section 987, shall be deemed to have waived the confidentiality of that affidavit or financial information as to a victim in whose favor the order of restitution is entered pursuant to subdivision (f). The affidavit or information shall serve in lieu of the financial disclosure required in paragraph (5), and paragraphs (7) to (10), inclusive, shall not apply.(7)Except as provided in paragraph (6), the defendant shall file the disclosure with the clerk of the court no later than the date set for the defendants sentencing, unless otherwise directed by the court. The disclosure may be inspected or copied as provided by subdivision (b), (c), or (d) of Section 1203.05.(8)In its discretion, the court may relieve the defendant of the duty under paragraph (7) of filing with the clerk by requiring that the defendants disclosure be submitted as an attachment to, and be available to, those authorized to receive the following:(A)A report submitted pursuant to subparagraph (D) of paragraph (2) of subdivision (b) of Section 1203 or subdivision (g) of Section 1203.(B)A stipulation submitted pursuant to paragraph (4) of subdivision (b) of Section 1203.(C)A report by the probation officer, or information submitted by the defendant applying for a conditional sentence pursuant to subdivision (d) of Section 1203.(9)The court may consider a defendants unreasonable failure to make a complete disclosure pursuant to paragraph (5) as any of the following:(A)A circumstance in aggravation of the crime in imposing a term under subdivision (b) of Section 1170.(B)A factor indicating that the interests of justice would not be served by admitting the defendant to probation under Section 1203.(C)A factor indicating that the interests of justice would not be served by conditionally sentencing the defendant under Section 1203.(D)A factor indicating that the interests of justice would not be served by imposing less than the maximum fine and sentence fixed by law for the case.(10)A defendants failure or refusal to make the required disclosure pursuant to paragraph (5) shall not delay entry of an order of restitution or pronouncement of sentence. In appropriate cases, the court may do any of the following:(A)Require the defendant to be examined by the district attorney pursuant to subdivision (h).(B)If sentencing the defendant under Section 1170, provide that the victim shall receive a copy of the portion of the probation report filed pursuant to Section 1203.10 concerning the defendants employment, occupation, finances, and liabilities.(C)If sentencing the defendant under Section 1203, set a date and place for submission of the disclosure required by paragraph (5) as a condition of probation or suspended sentence.(11)If a defendant has any remaining unpaid balance on a restitution order or fine 120 days prior to the defendants scheduled release from probation or 120 days prior to the defendants completion of a conditional sentence, the defendant shall prepare and file a new and updated financial disclosure identifying all assets, income, and liabilities in which the defendant holds or controls or has held or controlled a present or future interest during the defendants period of probation or conditional sentence. The financial disclosure shall be made available to the victim and the board pursuant to Section 1214. The disclosure shall be signed and prepared by the defendant on the same form as described in paragraph (5). A defendant who willfully states as true a material matter that the defendant knows to be false on the disclosure required by this subdivision is guilty of a misdemeanor, unless this conduct is punishable as perjury or another provision of law provides for a greater penalty. The financial disclosure required by this paragraph shall be filed with the clerk of the court no later than 90 days prior to the defendants scheduled release from probation or completion of the defendants conditional sentence.(12)In cases where an employer is convicted of a crime against an employee, a payment to the employee or the employees dependent that is made by the employers workers compensation insurance carrier shall not be used to offset the amount of the restitution order unless the court finds that the defendant substantially met the obligation to pay premiums for that insurance coverage.(g)A defendants inability to pay shall not be a consideration in determining the amount of a restitution order.(h)The district attorney may request an order of examination pursuant to the procedures specified in Article 2 (commencing with Section 708.110) of Chapter 6 of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure, in order to determine the defendants financial assets for purposes of collecting on the restitution order.(i)A restitution order imposed pursuant to subdivision (f) shall be enforceable as if the order were a civil judgment.(j)The making of a restitution order pursuant to subdivision (f) shall not affect the right of a victim to recovery from the Restitution Fund as otherwise provided by law, except to the extent that restitution is actually collected pursuant to the order. Restitution collected pursuant to this subdivision shall be credited to any other judgments for the same losses obtained against the defendant arising out of the crime for which the defendant was convicted.(k)For purposes of this section, victim shall include all of the following:(1)The immediate surviving family of the actual victim.(2)A corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity when that entity is a direct victim of a crime.(3)A person who has sustained economic loss as the result of a crime and who satisfies any of the following conditions:(A)At the time of the crime was the parent, grandparent, sibling, spouse, child, or grandchild of the victim.(B)At the time of the crime was living in the household of the victim.(C)At the time of the crime was a person who had previously lived in the household of the victim for a period of not less than two years in a relationship substantially similar to a relationship listed in subparagraph (A).(D)Is another family member of the victim, including, but not limited to, the victims fiance or fiancee, and who witnessed the crime.(E)Is the primary caretaker of a minor victim.(4)A person who is eligible to receive assistance from the Restitution Fund pursuant to Chapter 5 (commencing with Section 13950) of Part 4 of Division 3 of Title 2 of the Government Code.(5)A governmental entity that is responsible for repairing, replacing, or restoring public or privately owned property that has been defaced with graffiti or other inscribed material, as defined in subdivision (e) of Section 594, and that has sustained an economic loss as the result of a violation of Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7.(l)In every case in which the defendant is granted probation, the court shall make the payment of restitution fines and orders imposed pursuant to this section a condition of probation. Any portion of a restitution order that remains unsatisfied after a defendant is no longer on probation shall continue to be enforceable by a victim pursuant to Section 1214 until the obligation is satisfied.(m)If the court finds and states on the record compelling and extraordinary reasons why a restitution fine should not be required, the court shall order, as a condition of probation, that the defendant perform specified community service, unless it finds and states on the record compelling and extraordinary reasons not to require community service in addition to the finding that a restitution fine should not be required. Upon revocation of probation, the court shall impose the restitution fine pursuant to this section.(n)The provisions of Section 13963 of the Government Code shall apply to restitution imposed pursuant to this section.(o)The court clerk shall notify the California Victim Compensation and Government Claims Board within 90 days of an order of restitution being imposed if the defendant is ordered to pay restitution to the board due to the victim receiving compensation from the Restitution Fund. Notification shall be accomplished by mailing a copy of the court order to the board, which may be done periodically by bulk mail or email.(p)Upon conviction for a violation of Section 236.1, the court shall, in addition to any other penalty or restitution, order the defendant to pay restitution to the victim in a case in which a victim has suffered economic loss as a result of the defendants conduct. The court shall require that the defendant make restitution to the victim or victims in an amount established by court order, based on the amount of loss claimed by the victim or victims or another showing to the court. In determining restitution pursuant to this section, the court shall base its order upon the greater of the following: the gross value of the victims labor or services based upon the comparable value of similar services in the labor market in which the offense occurred, or the value of the victims labor as guaranteed under California law, or the actual income derived by the defendant from the victims labor or services or any other appropriate means to provide reparations to the victim.(q)(1)In addition to any other penalty or fine, the court shall order a person who has been convicted of a violation of Section 350, 653h, 653s, 653u, 653w, or 653aa that involves a recording or audiovisual work to make restitution to an owner or lawful producer, or trade association acting on behalf of the owner or lawful producer, of a phonograph record, disc, wire, tape, film, or other device or article from which sounds or visual images are derived that suffered economic loss resulting from the violation. The order of restitution shall be based on the aggregate wholesale value of lawfully manufactured and authorized devices or articles from which sounds or visual images are devised corresponding to the number of nonconforming devices or articles involved in the offense, unless a higher value can be proved in the case of (A) an unreleased audio work, or (B) an audiovisual work that, at the time of unauthorized distribution, has not been made available in copies for sale to the general public in the United States on a digital versatile disc. For purposes of this subdivision, possession of nonconforming devices or articles intended for sale constitutes actual economic loss to an owner or lawful producer in the form of displaced legitimate wholesale purchases. The order of restitution shall also include reasonable costs incurred as a result of an investigation of the violation undertaken by the owner, lawful producer, or trade association acting on behalf of the owner or lawful producer. Aggregate wholesale value means the average wholesale value of lawfully manufactured and authorized sound or audiovisual recordings. Proof of the specific wholesale value of each nonconforming device or article is not required.(2)As used in this subdivision, audiovisual work and recording shall have the same meaning as in Section 653w.(r)This section shall become operative on January 1, 2022. REVISIONS: HeadingLine 2.(a)(1)It is the intent of the Legislature that a victim of crime who incurs an economic loss as a result of the commission of a crime shall receive restitution directly from a defendant convicted of that crime.
(2)Upon a person being convicted of a crime in the State of California, the court shall order the defendant to pay a fine in the form of a penalty assessment in accordance with Section 1464.
(3)The court, in addition to any other penalty provided or imposed under the law, shall order the defendant to pay both of the following:
(A)A restitution fine in accordance with subdivision (b).
(B)Restitution to the victim or victims, if any, in accordance with subdivision (f), which shall be enforceable as if the order were a civil judgment.
(b)In every case where a person is convicted of a crime, the court shall impose a separate and additional restitution fine, unless it finds compelling and extraordinary reasons for not doing so and states those reasons on the record.
(1)The restitution fine shall be set at the discretion of the court and commensurate with the seriousness of the offense. If the person is convicted of a felony, the fine shall not be less than three hundred dollars ($300) and not more than ten thousand dollars ($10,000). If the person is convicted of a misdemeanor, the fine shall not be less than one hundred fifty dollars ($150) and not more than one thousand dollars ($1,000).
(2)In setting a felony restitution fine, the court may determine the amount of the fine as the product of the minimum fine pursuant to paragraph (1) multiplied by the number of years of imprisonment the defendant is ordered to serve, multiplied by the number of felony counts of which the defendant is convicted.
(c)The court shall impose the restitution fine unless it finds compelling and extraordinary reasons for not doing so and states those reasons on the record. A defendants inability to pay shall not be considered a compelling and extraordinary reason not to impose a restitution fine. Inability to pay may be considered only in increasing the amount of the restitution fine in excess of the minimum fine pursuant to paragraph (1) of subdivision (b). The court may specify that funds confiscated at the time of the defendants arrest, except for funds confiscated pursuant to Chapter 8 (commencing with Section 11469) of Division 10 of the Health and Safety Code, be applied to the restitution fine if the funds are not exempt for spousal or child support or subject to any other legal exemption.
(d)In setting the amount of the fine pursuant to subdivision (b) in excess of the minimum fine pursuant to paragraph (1) of subdivision (b), the court shall consider any relevant factors, including, but not limited to, the defendants inability to pay, the seriousness and gravity of the offense and the circumstances of its commission, any economic gain derived by the defendant as a result of the crime, the extent to which any other person suffered losses as a result of the crime, and the number of victims involved in the crime. Those losses may include pecuniary losses to the victim or the victims dependents as well as intangible losses, such as psychological harm caused by the crime. Consideration of a defendants inability to pay may include the defendants future earning capacity. A defendant shall bear the burden of demonstrating the defendants inability to pay. Express findings by the court as to the factors bearing on the amount of the fine shall not be required. A separate hearing for the fine shall not be required.
(e)The restitution fine shall not be subject to penalty assessments authorized in Section 1464 or Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code, or the state surcharge authorized in Section 1465.7, and shall be deposited in the Restitution Fund in the State Treasury.
(f)Except as provided in subdivisions (p) and (q), in every case in which a victim has suffered economic loss as a result of the defendants conduct, the court shall require that the defendant make restitution to the victim or victims in an amount established by court order, based on the amount of loss claimed by the victim or victims or any other showing to the court. If the amount of loss cannot be ascertained at the time of sentencing, the restitution order shall include a provision that the amount shall be determined at the direction of the court. The court shall order full restitution. The court may specify that funds confiscated at the time of the defendants arrest, except for funds confiscated pursuant to Chapter 8 (commencing with Section 11469) of Division 10 of the Health and Safety Code, be applied to the restitution order if the funds are not exempt for spousal or child support or subject to any other legal exemption.
(1)The defendant has the right to a hearing before a judge to dispute the determination of the amount of restitution. The court may modify the amount, on its own motion or on the motion of the district attorney, the victim or victims, or the defendant. If a motion is made for modification of a restitution order, the victim shall be notified of that motion at least 10 days prior to the proceeding held to decide the motion. A victim at a restitution hearing or modification hearing described in this paragraph may testify by live, two-way audio and video transmission, if testimony by live, two-way audio and video transmission is available at the court.
(2)Determination of the amount of restitution ordered pursuant to this subdivision shall not be affected by the indemnification or subrogation rights of a third party. Restitution ordered pursuant to this subdivision shall be ordered to be deposited in the Restitution Fund to the extent that the victim, as defined in subdivision (k), has received assistance from the California Victim Compensation Board pursuant to Chapter 5 (commencing with Section 13950) of Part 4 of Division 3 of Title 2 of the Government Code.
(3)To the extent possible, the restitution order shall be prepared by the sentencing court, shall identify each victim and each loss to which it pertains, and shall be of a dollar amount that is sufficient to fully reimburse the victim or victims for every determined economic loss incurred as the result of the defendants criminal conduct, including, but not limited to, all of the following:
(A)Full or partial payment for the value of stolen or damaged property. The value of stolen or damaged property shall be the replacement cost of like property, or the actual cost of repairing the property when repair is possible.
(B)Medical expenses.
(C)Mental health counseling expenses.
(D)Wages or profits lost due to injury incurred by the victim, and if the victim is a minor, wages or profits lost by the minors parent, parents, guardian, or guardians, while caring for the injured minor. Lost wages shall include commission income as well as base wages. Commission income shall be established by evidence of commission income during the 12-month period prior to the date of the crime for which restitution is being ordered, unless good cause for a shorter time period is shown.
(E)Wages or profits lost by the victim, and if the victim is a minor, wages or profits lost by the minors parent, parents, guardian, or guardians, due to time spent as a witness or in assisting the police or prosecution. Lost wages shall include commission income as well as base wages. Commission income shall be established by evidence of commission income during the 12-month period prior to the date of the crime for which restitution is being ordered, unless good cause for a shorter time period is shown.
(F)Noneconomic losses, including, but not limited to, psychological harm, for felony violations of Section 288, 288.5, or 288.7. any of the following:
(i)Attempted murder.
(ii)Lewd acts on a child, as defined in Section 269, 288, 288.5, or 288.7.
(iii)Exploitation of a child in the production of child pornography, as defined in Section 311.4.
(iv)Rape and sexual assault, as defined in Section 261, former Section 262, 264.1, 286, 287, former Section 288a, 667.61, or 667.71.
(v)Mayhem, as defined in Section 203.
(vi)Torture, as defined in Section 206.
(vii)Kidnapping, as defined in Section 207, 209, 209.5 or 210.
(viii)Robbery, train robbery, or carjacking, as defined in Section 211, 212.5, 214, or 215.
(ix)Assault with the intent to commit mayhem or specified sex offenses, as defined in Section 220.
(x)Human trafficking, as defined in Section 236.1.
(xi)Stalking, as defined in Section 646.9.
(G)Interest, at the rate of 10 percent per annum, that accrues as of the date of sentencing or loss, as determined by the court.
(H)Actual and reasonable attorneys fees and other costs of collection accrued by a private entity on behalf of the victim.
(I)Expenses incurred by an adult victim in relocating away from the defendant, including, but not limited to, deposits for utilities and telephone service, deposits for rental housing, temporary lodging and food expenses, clothing, and personal items. Expenses incurred pursuant to this section shall be verified by law enforcement to be necessary for the personal safety of the victim or by a mental health treatment provider to be necessary for the emotional well-being of the victim.
(J)Expenses to install or increase residential security incurred related to a violation of Section 273.5, or a violent felony as defined in subdivision (c) of Section 667.5, including, but not limited to, a home security device or system, or replacing or increasing the number of locks.
(K)Expenses to retrofit a residence or vehicle, or both, to make the residence accessible to or the vehicle operational by the victim, if the victim is permanently disabled, whether the disability is partial or total, as a direct result of the crime.
(L)Expenses for a period of time reasonably necessary to make the victim whole, for the costs to monitor the credit report of, and for the costs to repair the credit of, a victim of identity theft, as defined in Section 530.5.
(4)(A)If, as a result of the defendants conduct, the Restitution Fund has provided assistance to or on behalf of a victim or derivative victim pursuant to Chapter 5 (commencing with Section 13950) of Part 4 of Division 3 of Title 2 of the Government Code, the amount of assistance provided shall be presumed to be a direct result of the defendants criminal conduct and shall be included in the amount of the restitution ordered.
(B)The amount of assistance provided by the Restitution Fund shall be established by copies of bills submitted to the California Victim Compensation Board reflecting the amount paid by the board and whether the services for which payment was made were for medical or dental expenses, funeral or burial expenses, mental health counseling, wage or support losses, or rehabilitation. Certified copies of these bills provided by the board and redacted to protect the privacy and safety of the victim or any legal privilege, together with a statement made under penalty of perjury by the custodian of records that those bills were submitted to and were paid by the board, shall be sufficient to meet this requirement.
(C)If the defendant offers evidence to rebut the presumption established by this paragraph, the court may release additional information contained in the records of the board to the defendant only after reviewing that information in camera and finding that the information is necessary for the defendant to dispute the amount of the restitution order.
(5)Except as provided in paragraph (6), in any case in which an order may be entered pursuant to this subdivision, the defendant shall prepare and file a disclosure identifying all assets, income, and liabilities in which the defendant held or controlled a present or future interest as of the date of the defendants arrest for the crime for which restitution may be ordered. The financial disclosure statements shall be made available to the victim and the board pursuant to Section 1214. The disclosure shall be signed by the defendant upon a form approved or adopted by the Judicial Council for the purpose of facilitating the disclosure. A defendant who willfully states as true a material matter that the defendant knows to be false on the disclosure required by this subdivision is guilty of a misdemeanor, unless this conduct is punishable as perjury or another provision of law provides for a greater penalty.
(6)A defendant who fails to file the financial disclosure required in paragraph (5), but who has filed a financial affidavit or financial information pursuant to subdivision (c) of Section 987, shall be deemed to have waived the confidentiality of that affidavit or financial information as to a victim in whose favor the order of restitution is entered pursuant to subdivision (f). The affidavit or information shall serve in lieu of the financial disclosure required in paragraph (5), and paragraphs (7) to (10), inclusive, shall not apply.
(7)Except as provided in paragraph (6), the defendant shall file the disclosure with the clerk of the court no later than the date set for the defendants sentencing, unless otherwise directed by the court. The disclosure may be inspected or copied as provided by subdivision (b), (c), or (d) of Section 1203.05.
(8)In its discretion, the court may relieve the defendant of the duty under paragraph (7) of filing with the clerk by requiring that the defendants disclosure be submitted as an attachment to, and be available to, those authorized to receive the following:
(A)A report submitted pursuant to subparagraph (D) of paragraph (2) of subdivision (b) of Section 1203 or subdivision (g) of Section 1203.
(B)A stipulation submitted pursuant to paragraph (4) of subdivision (b) of Section 1203.
(C)A report by the probation officer, or information submitted by the defendant applying for a conditional sentence pursuant to subdivision (d) of Section 1203.
(9)The court may consider a defendants unreasonable failure to make a complete disclosure pursuant to paragraph (5) as any of the following:
(A)A circumstance in aggravation of the crime in imposing a term under subdivision (b) of Section 1170.
(B)A factor indicating that the interests of justice would not be served by admitting the defendant to probation under Section 1203.
(C)A factor indicating that the interests of justice would not be served by conditionally sentencing the defendant under Section 1203.
(D)A factor indicating that the interests of justice would not be served by imposing less than the maximum fine and sentence fixed by law for the case.
(10)A defendants failure or refusal to make the required disclosure pursuant to paragraph (5) shall not delay entry of an order of restitution or pronouncement of sentence. In appropriate cases, the court may do any of the following:
(A)Require the defendant to be examined by the district attorney pursuant to subdivision (h).
(B)If sentencing the defendant under Section 1170, provide that the victim shall receive a copy of the portion of the probation report filed pursuant to Section 1203.10 concerning the defendants employment, occupation, finances, and liabilities.
(C)If sentencing the defendant under Section 1203, set a date and place for submission of the disclosure required by paragraph (5) as a condition of probation or suspended sentence.
(11)If a defendant has any remaining unpaid balance on a restitution order or fine 120 days prior to the defendants scheduled release from probation or 120 days prior to the defendants completion of a conditional sentence, the defendant shall prepare and file a new and updated financial disclosure identifying all assets, income, and liabilities in which the defendant holds or controls or has held or controlled a present or future interest during the defendants period of probation or conditional sentence. The financial disclosure shall be made available to the victim and the board pursuant to Section 1214. The disclosure shall be signed and prepared by the defendant on the same form as described in paragraph (5). A defendant who willfully states as true a material matter that the defendant knows to be false on the disclosure required by this subdivision is guilty of a misdemeanor, unless this conduct is punishable as perjury or another provision of law provides for a greater penalty. The financial disclosure required by this paragraph shall be filed with the clerk of the court no later than 90 days prior to the defendants scheduled release from probation or completion of the defendants conditional sentence.
(12)In cases where an employer is convicted of a crime against an employee, a payment to the employee or the employees dependent that is made by the employers workers compensation insurance carrier shall not be used to offset the amount of the restitution order unless the court finds that the defendant substantially met the obligation to pay premiums for that insurance coverage.
(g)A defendants inability to pay shall not be a consideration in determining the amount of a restitution order.
(h)The district attorney may request an order of examination pursuant to the procedures specified in Article 2 (commencing with Section 708.110) of Chapter 6 of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure, in order to determine the defendants financial assets for purposes of collecting on the restitution order.
(i)A restitution order imposed pursuant to subdivision (f) shall be enforceable as if the order were a civil judgment.
(j)The making of a restitution order pursuant to subdivision (f) shall not affect the right of a victim to recovery from the Restitution Fund as otherwise provided by law, except to the extent that restitution is actually collected pursuant to the order. Restitution collected pursuant to this subdivision shall be credited to any other judgments for the same losses obtained against the defendant arising out of the crime for which the defendant was convicted.
(k)For purposes of this section, victim shall include all of the following:
(1)The immediate surviving family of the actual victim.
(2)A corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity when that entity is a direct victim of a crime.
(3)A person who has sustained economic loss as the result of a crime and who satisfies any of the following conditions:
(A)At the time of the crime was the parent, grandparent, sibling, spouse, child, or grandchild of the victim.
(B)At the time of the crime was living in the household of the victim.
(C)At the time of the crime was a person who had previously lived in the household of the victim for a period of not less than two years in a relationship substantially similar to a relationship listed in subparagraph (A).
(D)Is another family member of the victim, including, but not limited to, the victims fiance or fiancee, and who witnessed the crime.
(E)Is the primary caretaker of a minor victim.
(4)A person who is eligible to receive assistance from the Restitution Fund pursuant to Chapter 5 (commencing with Section 13950) of Part 4 of Division 3 of Title 2 of the Government Code.
(5)A governmental entity that is responsible for repairing, replacing, or restoring public or privately owned property that has been defaced with graffiti or other inscribed material, as defined in subdivision (e) of Section 594, and that has sustained an economic loss as the result of a violation of Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7.
(l)In every case in which the defendant is granted probation, the court shall make the payment of restitution fines and orders imposed pursuant to this section a condition of probation. Any portion of a restitution order that remains unsatisfied after a defendant is no longer on probation shall continue to be enforceable by a victim pursuant to Section 1214 until the obligation is satisfied.
(m)If the court finds and states on the record compelling and extraordinary reasons why a restitution fine should not be required, the court shall order, as a condition of probation, that the defendant perform specified community service, unless it finds and states on the record compelling and extraordinary reasons not to require community service in addition to the finding that a restitution fine should not be required. Upon revocation of probation, the court shall impose the restitution fine pursuant to this section.
(n)The provisions of Section 13963 of the Government Code shall apply to restitution imposed pursuant to this section.
(o)The court clerk shall notify the California Victim Compensation and Government Claims Board within 90 days of an order of restitution being imposed if the defendant is ordered to pay restitution to the board due to the victim receiving compensation from the Restitution Fund. Notification shall be accomplished by mailing a copy of the court order to the board, which may be done periodically by bulk mail or email.
(p)Upon conviction for a violation of Section 236.1, the court shall, in addition to any other penalty or restitution, order the defendant to pay restitution to the victim in a case in which a victim has suffered economic loss as a result of the defendants conduct. The court shall require that the defendant make restitution to the victim or victims in an amount established by court order, based on the amount of loss claimed by the victim or victims or another showing to the court. In determining restitution pursuant to this section, the court shall base its order upon the greater of the following: the gross value of the victims labor or services based upon the comparable value of similar services in the labor market in which the offense occurred, or the value of the victims labor as guaranteed under California law, or the actual income derived by the defendant from the victims labor or services or any other appropriate means to provide reparations to the victim.
(q)(1)In addition to any other penalty or fine, the court shall order a person who has been convicted of a violation of Section 350, 653h, 653s, 653u, 653w, or 653aa that involves a recording or audiovisual work to make restitution to an owner or lawful producer, or trade association acting on behalf of the owner or lawful producer, of a phonograph record, disc, wire, tape, film, or other device or article from which sounds or visual images are derived that suffered economic loss resulting from the violation. The order of restitution shall be based on the aggregate wholesale value of lawfully manufactured and authorized devices or articles from which sounds or visual images are devised corresponding to the number of nonconforming devices or articles involved in the offense, unless a higher value can be proved in the case of (A) an unreleased audio work, or (B) an audiovisual work that, at the time of unauthorized distribution, has not been made available in copies for sale to the general public in the United States on a digital versatile disc. For purposes of this subdivision, possession of nonconforming devices or articles intended for sale constitutes actual economic loss to an owner or lawful producer in the form of displaced legitimate wholesale purchases. The order of restitution shall also include reasonable costs incurred as a result of an investigation of the violation undertaken by the owner, lawful producer, or trade association acting on behalf of the owner or lawful producer. Aggregate wholesale value means the average wholesale value of lawfully manufactured and authorized sound or audiovisual recordings. Proof of the specific wholesale value of each nonconforming device or article is not required.
(2)As used in this subdivision, audiovisual work and recording shall have the same meaning as in Section 653w.
(r)This section shall become operative on January 1, 2022.
|
Date
|
Status
|
|---|---|
| Oct 8, 2023 | Chaptered by Secretary of State - Chapter 512, Statutes of 2023. |
| Oct 8, 2023 | Approved by the Governor. |
| Sep 20, 2023 | Enrolled and presented to the Governor at 4 p.m. |
| Sep 13, 2023 | In Assembly. Ordered to Engrossing and Enrolling. |
| Sep 13, 2023 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2700.). |
| Aug 29, 2023 | Read second time. Ordered to third reading. |
| Aug 28, 2023 | Ordered to second reading. |
| Aug 28, 2023 | From inactive file. |
| Jun 29, 2023 | Ordered to inactive file at the request of Senator Ochoa Bogh. |
| Jun 27, 2023 | Read second time. Ordered to third reading. |
| Jun 26, 2023 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Jun 13, 2023 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 13). Re-referred to Com. on APPR. |
| May 17, 2023 | Referred to Com. on PUB S. |
| May 9, 2023 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 8, 2023 | Read third time. Passed. Ordered to the Senate. (Ayes 72. Noes 0. Page 1481.) |
| May 4, 2023 | Read third time and amended. Ordered to third reading. (Ayes 75. Noes 0. Page 1461.) |
| Mar 23, 2023 | Read second time. Ordered to third reading. |
| Mar 22, 2023 | From committee: Do pass. (Ayes 15. Noes 0.) (March 22). |
| Feb 14, 2023 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (February 14). Re-referred to Com. on APPR. |
| Feb 14, 2023 | Coauthors revised. |
| Feb 13, 2023 | Re-referred to Com. on PUB. S. |
| Feb 9, 2023 | From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. |
| Jan 26, 2023 | Referred to Com. on PUB. S. |
| Dec 6, 2022 | From printer. May be heard in committee January 5. |
| Dec 5, 2022 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 13, 2023 | Assembly 3rd Reading AB56 Lackey et al. By Ochoa Bogh | Senate Floor |
Passed |
|
| Jun 13, 2023 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Public Safety |
Passed |
|
| May 8, 2023 | AB 56 Lackey Assembly Third Reading | Assembly Floor |
Passed |
|
| Mar 22, 2023 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Feb 14, 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.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Association Of Highway Patrolmen | ** Support | |
| California Attorneys For Criminal Justice | ** Against | |
| California District Attorneys Association | ** Support | |
| California Public Defenders Association | * Indeterminate | Feb 14, 2023 |
| California Restorative Justice Policy Coalition | * Support | Jun 13, 2023 |
| Crime Victims United | * Support | Feb 14, 2023 |
| Debt Free Justice Coalition | * Support | Jun 13, 2023 |
| Ella Baker Center For Human Rights | ** Support | |
| Friends Committee On Legislation Of California | ** Support | |
| Initiate Justice | ** Support | |
| Prosecutors Alliance California | ** Support | |
| Riverside Sheriff Association | * Support | Feb 14, 2023 |
| Sister Warriors Freedom Coalition | ** Support | |
| Stone Advocacy | ** Support | Feb 14, 2023 |
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 56 |
THIRD READING
Bill No: AB 56
Author: Lackey (R), et al.
Amended: 5/4/23 in Assembly
Vote: 27
SENATE PUBLIC SAFETY COMMITTEE: 5-0, 6/13/23
AYES: Wahab, Ochoa Bogh, Bradford, Skinner, Wiener
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 72-0, 5/8/23 - See last page for vote
SUBJECT: Victim’s compensation: emotional injuries
SOURCE: Author
DIGEST:
This bill expands eligibility for victim compensation to include emotional injuries from specified felony violations including attempted murder, kidnapping, stalking, and sexual assault.
ANALYSIS:
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).)
- Establishes the California Victims Compensation Claims Board (“the board”) to operate the California Victim Compensation Program. (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).)
- Limits the total award to or on behalf of each victim to $35,000, except that this amount may be increased up to $70,000 if federal funds for that increase are available. (Gov. Code, § 13957, subd. (b).
- Defines “victim” to mean an individual who sustains injury or death as a direct result of a crime as specified. (Gov. Code, § 13951, subd. (e).)
- Defines “derivative victim” to mean an individual who sustains pecuniary loss as a result of injury or death to a victim. (Gov. Code, § 13951, subd. (e).)
- Authorizes the board to reimburse for pecuniary loss for the following types of losses:
- Medical or medical-related expenses incurred by the victim for services provided by a licensed medical provider;
- Out-patient psychiatric, psychological or other mental health counseling-related expenses incurred by the victim or derivative victim, including peer counseling services provided by a rape crisis center, not to exceed $10,000;
- Compensation equal to the loss of income or loss of support, or both, that a victim or derivative victim incurs as a direct result of the victim’s injury or the victim’s death;
- Cash payment to, or on behalf of, the victim for job retraining or similar employment-oriented services;
- The expense of installing or increasing residential security, not to exceed $1,000;
- The expense of renovating or retrofitting a victim’s residence or a vehicle to make them accessible or operational, if it is medically necessary;
- Relocation expenses, not to exceed $3,418, 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;
- Funeral or burial expenses, not to exceed $$12,818;
- Costs to clean the scene of the crime, not to exceed $1,709; and,
- Costs of veterinary services, not to exceed $10,000. (Gov. Code, § 13957, subd. (a).)
- Makes eligible for compensation a victim or derivative victim who, as a direct result of the crime, sustained any of the following:
- Physical injury, as provided;
- Emotional injury and a threat of physical injury;
- Emotional injury where the crime was a violation of human trafficking, rape child abuse, lewd and lascivious acts with a child, continuous sexual abuse of a minor, cyber harassment, coercing a minor to appear in child pornography, statutory rape, child abduction, and deprivation of child custody;
- Child abandonment or neglect, where the emotional injury was a result of conduct other than failure to pay child support, and criminal charges were filed;
- Statutory rape and criminal charges were filed;
- Child abduction and criminal charges were filed;
- Injury to, or death of, a guide, signal, or service dog; or,
- 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, § 13955, subd. (f).)
This bill expands eligibility for compensation based on emotional injuries to include felony violations of the following:
- Murder or attempted murder;
- Mayhem;
- Torture;
- Kidnapping;
- Kidnapping to facilitate carjacking;
- Kidnapping for ransom;
- Assault with intent to commit specified felonies;
- Rape in concert;
- Sexual assault of a child;
- Incest;
- Stalking; and,
- One-strike sex offense or habitual sex offender offense.
Comments
According to the author of this bill:
There is immediacy to assist crime victims seeking remedies to trauma. A victim-survivor’s pain and suffering following violent crimes leave them shaken to their core. Access to resources would make therapies and other forms of care more readily available. As we reorient our justice system, we should look to implement trauma-informed policies.
Assembly Bill 56 expands compensation for psychological damage to help assist with developing a continuum of care for affected individuals. This is a necessary step in helping governmental systems serve victim-survivors, who too often feel as though the structure is set up against them.
FISCAL EFFECT: Appropriation: Yes Fiscal Com.: Yes Local: No
SUPPORT: (Verified 6/27/23)
California Association of Highway Patrolmen
California District Attorneys Association
Ella Baker Center for Human Rights
Friends Committee on Legislation of California
Initiate Justice
Prosecutors Alliance California
Sister Warriors Freedom Coalition
OPPOSITION: (Verified 6/27/23)
California Attorneys for Criminal Justice
ARGUMENTS IN SUPPORT: According to California District Attorneys Association:
The California Constitution provides: “It is the unequivocal intention of the People of the State of California that all persons who suffer losses as a result of criminal activity shall have the right to seek and secure restitution from the persons convicted of the crimes causing the losses they suffer.” (California Constitution article I, § 28, section (b).) This constitutional provision does not differentiate between economic and non-economic losses. Your bill will bring the Penal Code into closer alignment with our Constitution and ensure just compensation for those who suffer psychological harm from a criminal’s violent acts.
ARGUMENTS IN OPPOSITION: According to the California Attorneys for Criminal Justice (CACJ):
CACJ asks the Legislature to reject AB 56 and instead follow the lead of the Committee on Revision of the Penal Code and adopt a more functional way to help victims by creating a state-funded system of victim restitution. (2022 Report at pp. 14-18.) Such a system would expedite getting payments to victims and offer judge’s discretion they currently lack to consider a defendant’s ability to pay before imposing a restitution order.
AB 56 would expand an already-dysfunctional system that fails to make victims whole. For all the reasons stated above, CACJ opposes AB 56.
ASSEMBLY FLOOR: 72-0, 5/8/23
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Wendy Carrillo, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Low, Lowenthal, Maienschein, Mathis, McKinnor, Muratsuchi, Stephanie Nguyen, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Weber, Wicks, Wilson, Wood, Zbur, Rendon
NO VOTE RECORDED: Arambula, Juan Carrillo, Cervantes, Hart, Lee, McCarty, Ortega, Ward
Prepared by: Stella Choe / PUB. S. /
6/28/23 11:12:23 **** END ****
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Aisha Wahab, Chair
2023 - 2024 Regular
Bill No: AB 56 Hearing Date: June 13, 2023
Author: | Lackey | ||
Version: | May 4, 2023 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | SC | ||
Subject: Victim’s compensation: emotional injuries
HISTORY
Source: Author
Prior Legislation: AB 2809 (Leno), Ch. 587, Stats. 2008
Support: California Association of Highway Patrolmen; California District Attorneys Association; Ella Baker Center for Human Rights; Friends Committee on Legislation of California; Initiate Justice; Prosecutors Alliance California; Sister Warriors Freedom Coalition
Opposition: California Attorneys for Criminal Justice
Assembly Floor Vote: 72 - 0
PURPOSE
The purpose of this bill is to expand eligibility for victim compensation to include emotional injuries from specified felony violations including attempted murder, kidnapping, stalking, and sexual assault.
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 California Victims Compensation Claims Board (“the board”) to operate the California Victim Compensation Program. (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 requires an application be filed in accordance with the following timelines:
- Within seven years of the date of the crime;
- Seven years after the victim attains 21 years of age; or,
- Seven years of the time the victim or derivative victim knew or in the exercise of ordinary diligence could have discovered than an injury or death had been sustained as a direct result of crime, whichever is later. (Gov. Code, § 13953, subd. (a).)
Existing law limits the total award to or on behalf of each victim to $35,000, except that this amount may be increased up to $70,000 if federal funds for that increase are available. (Gov. Code, § 13957, subd. (b).)
Existing law defines “victim” to mean an individual who sustains injury or death as a direct result of a crime as specified. (Gov. Code, § 13951, subd. (e).)
Existing law defines “derivative victim” to mean an individual who sustains pecuniary loss as a result of injury or death to a victim. (Gov. Code, § 13951, subd. (e).)
Existing law makes emergency awards available to a person eligible for compensation if the board determines that such an award is necessary to avoid or mitigate substantial hardship that may result from delaying compensation until complete and final consideration of an application. (Gov. Code, § 13952.5, subd. (a).)
Existing law provides that a person is eligible for compensation, if as a direct result of the crime, they sustained a physical injury or an emotional injury and a threat of physical injury. (Gov. Code, § 13955, subd. (f).)
Existing law authorizes the board to reimburse for pecuniary loss for the following types of losses:
- Medical or medical-related expenses incurred by the victim for services provided by a licensed medical provider;
- Out-patient psychiatric, psychological or other mental health counseling-related expenses incurred by the victim or derivative victim, including peer counseling services provided by a rape crisis center, not to exceed $10,000;
- Compensation equal to the loss of income or loss of support, or both, that a victim or derivative victim incurs as a direct result of the victim’s injury or the victim’s death;
- Cash payment to, or on behalf of, the victim for job retraining or similar employment-oriented services;
- The expense of installing or increasing residential security, not to exceed $1,000;
- The expense of renovating or retrofitting a victim’s residence or a vehicle to make them accessible or operational, if it is medically necessary;
- Relocation expenses, not to exceed $3,418, 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;
- Funeral or burial expenses, not to exceed $$12,818;
- Costs to clean the scene of the crime, not to exceed $1,709; and,
- Costs of veterinary services, not to exceed $10,000. (Gov. Code, § 13957, subd. (a).)
Existing law makes eligible for compensation a victim or derivative victim who, as a direct result of the crime, sustained any of the following:
- Physical injury, as provided;
- Emotional injury and a threat of physical injury;
- Emotional injury where the crime was a violation of human trafficking, rape child abuse, lewd and lascivious acts with a child, continuous sexual abuse of a minor, cyber harassment, coercing a minor to appear in child pornography, statutory rape, child abduction, and deprivation of child custody;
- Child abandonment or neglect, where the emotional injury was a result of conduct other than failure to pay child support, and criminal charges were filed;
- Statutory rape and criminal charges were filed;
- Child abduction and criminal charges were filed;
- Injury to, or death of, a guide, signal, or service dog; or,
- 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, § 13955, subd. (f).)
This bill expands eligibility for compensation based on emotional injuries to include felony violations of the following:
- Murder or attempted murder;
- Mayhem;
- Torture;
- Kidnapping;
- Kidnapping to facilitate carjacking;
- Kidnapping for ransom;
- Assault with intent to commit specified felonies;
- Rape in concert;
- Sexual assault of a child;
- Incest;
- Stalking;
- One-strike sex offense or habitual sex offender offense.
COMMENTS
- Need for This Bill
According to the author of this bill:
There is immediacy to assist crime victims seeking remedies to trauma. A victim-survivor’s pain and suffering following violent crimes leave them shaken to their core. Access to resources would make therapies and other forms of care more readily available. As we reorient our justice system, we should look to implement trauma-informed policies.
Assembly Bill 56 expands compensation for psychological damage to help assist with developing a continuum of care for affected individuals. This is a necessary step in helping governmental systems serve victim-survivors, who too often feel as though the structure is set up against them.
- History and Purpose of the California Victims Compensation Program
The victim compensation program was created in 1965, the first such program in the country. The program provides compensation for victims of violent crime. In order to be eligible, the crime must either occur in California or the victim must be a resident of California or a member of the military stationed in California, and the victim sustained physical or emotional injury as a direct result of the crime. The program reimburses eligible victims and derivative victims for many crime-related expenses, such as counseling and medical fees. Funding for the CalVCB 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/>.)
The victim compensation program is the payor of last resort, which means applicants are compensated for covered expenses that have not been and will not be compensated from any other source. The types of expenses that may be reimbursed include:
- Medical, medical-related, dental.
- Outpatient mental health treatment or counseling.
- Funeral and burial.
- Wage or income loss up to five years following the date of the crime due to the victim’s disability resulting from the qualifying crime. If the victim is permanently disabled, wage or income loss may be extended.
- Support loss for legal dependents of a deceased or injured victim.
- Up to 30 days wage loss for the parent or legal guardian of a minor victim who is hospitalized or dies as a direct result of a crime.
- Job retraining.
- Medically necessary renovation or retrofitting of a home or vehicle for a person permanently disabled as a result of the crime.
- Home security installation or improvements
- In-patient psychiatric hospitalization costs.
- Relocation.
- Crime scene clean-up.
- Veterinary fees, or replacement costs for a guide, signal or service dog.
- Roundtrip mileage reimbursement to medical, dental or mental health appointments.
- Minors who suffer emotional injuries from witnessing a violent crime may be eligible for mental health counseling. To qualify, the minor witness must have been in close proximity to the crime.
Reimbursement is limited to the actual amount paid out-of-pocket or bills accrued by the victim. The maximum amount reimburse a victim or derivative victim is $35,000, except this amount may be increased to $70,000 if federal funds are available. Additionally, there are specified limits for certain expenses.
Last year, AB 160 (Committee on Budget), Chapter 771, Statutes of 2022, raised the maximum reimbursable amount, from $70,000 to $100,000, and the individual limits for specified expenses which will go into effect July 1, 2024, contingent on funds being available and appropriated in the 2024-2025 fiscal year.
- Compensation for Emotional Injuries
As mentioned briefly above, the Victim Compensation Program reimburses victims of crime for emotional injuries as specified in statute. Currently, the law generally requires that there either be an emotional injury combined with a threat of physical injury. Gov. Code, § 13955, subd. (f)(2).) Existing law also allows compensation for emotional injuries for specific crimes, which include human trafficking, rape child abuse, lewd and lascivious acts with a child, continuous sexual abuse of a minor, cyber harassment, coercing a minor to appear in child pornography, statutory rape, child abduction, and deprivation of child custody. (Gov. Code, § 13955, subd. (f)(3)(A)-(D).)
Compensation may consist of reimbursement for mental health counseling, home security and relocation fees, among other things. (Gov. Code, § 13957, subd. (a).)
This bill expands the list of crimes eligible for compensation based on emotional injuries only. Specifically, this bill allows compensation for emotional injuries for felony violations of mayhem, torture, kidnapping, aggravated kidnapping, kidnapping in the commission of a carjacking, extortion by posing as a kidnapper, assault with intent to commit a sex offense, rape in concert, aggravated sexual assault of a child, sexual acts with a child under 10, stalking, attempted murder, and murder.
- Condition of the Restitution Fund
The Restitution Fund, which funds the Victim Compensation Program reimbursements, has been operating under a structural deficiency for a number of years. In 2015, the Legislative Analyst’s Office reported the Restitution Fund was depleting and would eventually face insolvency. 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.
Furthermore, the Budget Act allows for additional backfill if a determination is made that revenues are insufficient to support the board. (Department of Finance, California State Budget –2023-24 at 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.)
- Argument in Support
According to California District Attorneys Association:
The California Constitution provides: “It is the unequivocal intention of the People of the State of California that all persons who suffer losses as a result of criminal activity shall have the right to seek and secure restitution from the persons convicted of the crimes causing the losses they suffer.” (California Constitution article I, § 28, section (b).) This constitutional provision does not differentiate between economic and non-economic losses. Your bill will bring the Penal Code into closer alignment with our Constitution and ensure just compensation for those who suffer psychological harm from a criminal’s violent acts.
- Argument in Opposition
According to the California Attorneys for Criminal Justice (CACJ):
CACJ asks the Legislature to reject AB 56 and instead follow the lead of the Committee on Revision of the Penal Code and adopt a more functional way to help victims by creating a state-funded system of victim restitution. (2022 Report at pp. 14-18.) Such a system would expedite getting payments to victims and offer judge’s discretion they currently lack to consider a defendant’s ability to pay before imposing a restitution order.
AB 56 would expand an already-dysfunctional system that fails to make victims whole. For all the reasons stated above, CACJ opposes AB 56.
-- END –
ASSEMBLY THIRD READING
ATR Bill Id:AB 56
Author:(Lackey)
As Amended Ver:May 4, 2023
2/3 vote
SUMMARY
Expands the list of violations eligible for victim compensation from the Victim Compensation Program for emotional injuries to include felony violations of the following: mayhem, torture, kidnapping, aggravated kidnapping, kidnapping in the commission of a carjacking, extortion by posing as a kidnapper, assault with intent to commit a sex offense, rape in concert, aggravated sexual assault of a child, sexual acts with a child under 10, stalking, attempted murder, and murder.
Major Provisions
COMMENTS
According to the Author
"Assembly Bill 56 expands compensation for psychological damage to help assist with developing a continuum of care for effected individuals. This is a necessary step in helping governmental systems serve victim-survivors, who too often feel as though the structure is set up against them.
"There is immediacy to assist crime victims seeking remedies to trauma. A victim-survivor’s pain and suffering following violent crimes leave them shaken to their core. Access to resources would make therapies and other forms of care more readily available. As we reorient our justice system, we should look to implement trauma-informed policies."
Arguments in Support
According to California District Attorneys Association (CDAA), "[AB 56] will bring the Penal Code into closer alignment with our Constitution and ensure just compensation for those who suffer psychological harm from a criminal’s violent acts."
Arguments in Opposition
According to California Attorneys for Criminal Justice (CACJ), "CACJ asks the Legislature to reject AB 56 and instead follow the lead of the Committee on Revision of the Penal Code and adopt a more functional way to help victims by creating a state-funded system of victim restitution. (2022 Report at pp. 14-18.) Such a system would expedite getting payments to victims…."
FISCAL COMMENTS
According to the Assembly Appropriations Committee, "Likely negligible costs to the California Victims Compensation Board (Cal VCB), given this bill does not change the type of benefit an eligible victim may receive. Cal VCB already provides compensation for "emotional injuries" in the form of reimbursement for mental health counseling. While this bill widens the types of offenses for which a person may be eligible for emotional injury compensation, it does not provide a benefit beyond what Cal VCB already provides. Cal VCB notes that the crimes of attempted murder, sexual assault, mayhem, and stalking will most certainly involve emotional or psychological injury to the victim for which they would already be eligible for "emotional injury" compensation."
VOTES
ASM PUBLIC SAFETY: 8-0-0
YES: Jones-Sawyer, Alanis, Bonta, Bryan, Lackey, Ortega, Santiago, Zbur
ASM APPROPRIATIONS: 15-0-1
YES: Holden, Megan Dahle, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Bains, Papan, Pellerin, Robert Rivas, Sanchez, Weber, Wilson
ABS, ABST OR NV: Mathis
UPDATED
VERSION: May 4, 2023
CONSULTANT: Liah Burnley / PUB. S. / (916) 319-3744 FN: 0000281
ASSEMBLY THIRD READING
ATR Bill Id:AB 56
Author:(Lackey)
As Amended Ver:February 9, 2023
2/3 vote
SUMMARY
Expands the list of violations eligible for victim compensation from the Victim Compensation Program for emotional injuries to include: mayhem, torture, kidnapping, aggravated kidnapping, kidnapping in the commission of a carjacking, extortion by posing as a kidnapper, assault with intent to commit a sex offense, rape in concert, aggravated sexual assault of a child, sexual acts with a child under 10, stalking, attempted murder, and murder.
Major Provisions
COMMENTS
According to the Author
"Assembly Bill 56 expands compensation for psychological damage to help assist with developing a continuum of care for effected individuals. This is a necessary step in helping governmental systems serve victim-survivors, who too often feel as though the structure is set up against them.
"There is immediacy to assist crime victims seeking remedies to trauma. A victim-survivor's pain and suffering following violent crimes leave them shaken to their core. Access to resources would make therapies and other forms of care more readily available. As we reorient our justice system, we should look to implement trauma-informed policies."
Arguments in Support
According to California District Attorneys Association (CDAA), "[AB 56] will bring the Penal Code into closer alignment with our Constitution and ensure just compensation for those who suffer psychological harm from a criminal's violent acts."
Arguments in Opposition
According to California Attorneys for Criminal Justice (CACJ), "CACJ asks the Legislature to reject AB 56 and instead follow the lead of the Committee on Revision of the Penal Code and adopt a more functional way to help victims by creating a state-funded system of victim restitution. (2022 Report at pp. 14-18.) Such a system would expedite getting payments to victims…."
FISCAL COMMENTS
According to the Assembly Appropriations Committee, "Likely negligible costs to the California Victims Compensation Board (Cal VCB), given this bill does not change the type of benefit an eligible victim may receive. Cal VCB already provides compensation for "emotional injuries" in the form of reimbursement for mental health counseling. While this bill widens the types of offenses for which a person may be eligible for emotional injury compensation, it does not provide a benefit beyond what Cal VCB already provides. Cal VCB notes that the crimes of attempted murder, sexual assault, mayhem, and stalking will most certainly involve emotional or psychological injury to the victim for which they would already be eligible for "emotional injury" compensation."
VOTES
ASM PUBLIC SAFETY: 8-0-0
YES: Jones-Sawyer, Alanis, Bonta, Bryan, Lackey, Ortega, Santiago, Zbur
ASM APPROPRIATIONS: 15-0-1
YES: Holden, Megan Dahle, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Bains, Papan, Pellerin, Robert Rivas, Sanchez, Weber, Wilson
ABS, ABST OR NV: Mathis
ASM APPROPRIATIONS: 15-0-1
YES: Holden, Megan Dahle, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Bains, Papan, Pellerin, Robert Rivas, Sanchez, Weber, Wilson
ABS, ABST OR NV: Mathis
UPDATED
VERSION: February 9, 2023
CONSULTANT: Liah Burnley / PUB. S. / (916) 319-3744 FN: 0000160
Date of Hearing: March 22, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
ABPCA Bill Id:AB 56
Author:(Lackey) – As Amended Ver:February 9, 2023
Policy Committee: | Public Safety | Vote: | 8 - 0 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill expands eligibility for compensation from the California Victim Compensation Fund (Cal VCF) to include emotional injuries from felony violations of, among other things, attempted murder, rape and sexual assault, mayhem, and stalking.
FISCAL EFFECT:
Likely negligible costs to the California Victims Compensation Board (Cal VCB), given this bill does not change the type of benefit an eligible victim may receive. Cal VCB already provides compensation for “emotional injuries” in the form of reimbursement for mental health counseling. While this bill widens the types of offenses for which a person may be eligible for emotional injury compensation, it does not provide a benefit beyond what Cal VCB already provides. Cal VCB notes that the crimes of attempted murder, sexual assault, mayhem, and stalking will most certainly involve emotional or psychological injury to the victim for which they would already be eligible for “emotional injury” compensation.
COMMENTS:
- Purpose. According to the author:
There is immediacy to assist crime victims seeking remedies to trauma. A victim-survivor’s pain and suffering following violent crimes leave them shaken to their core. Access to resources would make therapies and other forms of care more readily available. As we reorient our justice system, we should look to implement trauma-informed policies.
- Victim Compensation. The Cal VCF program provides compensation to victims of violent crime for the losses they suffer as a direct result of criminal acts. Cal VCB administers the program and awards compensation to victims with moneys levied from the Restitution Fund, federal grants, and backfill from the GF. 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 and 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. A victim, with limited exceptions, must be physically injured as a direct result of a crime to receive victim compensation. However, victims may receive compensation for their emotional injuries, which means reimbursement for mental health counseling. The Cal VCF is structurally imbalanced and requires annual backfill from the GF. The Governor’s 2023-24 budget proposes $39.5 million ongoing from the GF to backfill declining fine and fee revenues coming in to the Restitution Fund.
- Flexible Assistance for Survivors Pilot Program (FASPP). AB 200 (Committee on Budget), Chapter 58, Statutes of 2022, established the FASPP within the California Office of Emergency Services (Cal OES) and allocated up to $50 million one-time funds for cash assistance for crime victims. Cash assistance awards of more than $5,000 to an individual survivor may require additional documentation of significant need.
Analysis Prepared by: Kimberly Horiuchi / APPR. / (916) 319-2081
Date of Hearing: February 14, 2023
Counsel: Liah Burnley
ASSEMBLY COMMITTEE ON
Reginald Byron Jones-Sawyer, Sr., Chair
ABPCA Bill Id:
Author:() – As Ver:
SUMMARY: Expands the list of violations eligible for victim compensation from the Victim Compensation Program for emotional injuries to include: mayhem, torture, kidnapping, aggravated kidnapping, kidnapping in the commission of a carjacking, extortion by posing as a kidnapper, assault with intent to commit a sex offense, rape in concert, aggravated sexual assault of a child, sexual acts with a child under 10, stalking, attempted murder, and murder.
EXISTING LAW:
- Establishes the Victim Compensation Program administered by the California Victim Compensation Board (the “Board”) and the procedure for victims to obtain compensation from the Restitution Fund. (Gov. Code, § 13950 et seq.)
- States the eligibility requirements to obtain victim compensation. (Gov. Code, § 13955.)
- Provides that a person is eligible for compensation, if as a direct result of the crime, they sustained a physical injury or an emotional injury and a threat of physical injury. (Gov. Code, § 13955, subd. (f).)
- Provides that a person is eligible for compensation, if as a direct result of the crime, they suffered an emotional injury where the crime was a violation of any of the following offenses:
- Human Trafficking;
- Rape;
- Child abandonment;
- Child endangerment;
- Child abuse;
- Incest;
- Sodomy;
- Oral copulation;
- Lewd and lascivious acts with a child;
- Continuous sexual abuse of a minor;
- Forcible penetration with an object;
- Cyber harassment;
- Coercing a minor to appear in child pornography;
- Child neglect, other than a failure to pay child support;
- Statutory rape;
- Child abduction; and,
- Deprivation of child custody. (Gov. Code, § 13955, subd. (f).)
- Human Trafficking;
- States the disqualifications for eligibility for victim compensation. (Gov. Code, § 13956.)
- Defines the scope of victim compensation, including the amount and type of expenses that the Board may reimburse, including, among other things:
- Medical or medical-related expenses;
- Outpatient psychiatric, psychological or other mental health counseling related expenses, including counseling to the victim’s family;
- Expense of installing or increasing residential security;
- Expense of retrofitting a residence or vehicle;
- Relocation expenses;
- Funeral and burial expenses;
- Crime scene clean up;
- Veterinary services; and,
- Loss of income and support. (Gov. Code, §§ 13957, 13957.5.)
- Medical or medical-related expenses;
FISCAL EFFECT:
Unknown
COMMENTS:
- Author's Statement: According to the author, “Assembly Bill 56 expands compensation for psychological damage to help assist with developing a continuum of care for effected individuals. This is a necessary step in helping governmental systems serve victim-survivors, who too often feel as though the structure is set up against them.
“There is immediacy to assist crime victims seeking remedies to trauma. A victim-survivor’s pain and suffering following violent crimes leave them shaken to their core. Access to resources would make therapies and other forms of care more readily available. As we reorient our justice system, we should look to implement trauma-informed policies.”
- 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. (Who is Eligible?, California Victim Compensation Board <https://victims.ca.gov/for-victims/who-is-eligible/> [as of Feb. 8, 2023].)
- Victim Compensation for Emotional Injuries: Generally, victims must be physically injured as a direct result of the crime to receive victim compensation. (Gov. Code, § 13955, subd. (f).)
In limited circumstances, victims can receive compensation for their emotional injuries. For example, minors are eligible for compensation for emotional injuries from nonconsensual distribution of pictures or video of sexual conduct in which they appear. (Gov. Code, § 13955, subd. (f)(5).) In addition, victims who suffered both, an emotional injury and a threat of physical injury are eligible for victim compensation. (Gov. Code, § 13955, subd. (f)(2).)
Existing law also allows victims to receive compensation for emotional injuries (even if there was no threat of physical injury) for specific violations. (Gov. Code, § 13955, subd. (f)(3)(A)-(D).) These violations include: human trafficking, rape, child abandonment, child endangerment, child abuse, incest, sodomy, oral copulation, lewd and lascivious acts with a child, continuous sexual abuse of a minor, forcible penetration with an object, cyber harassment, coercing a minor to appear in child pornography, child neglect, statutory rape, child abduction, and deprivation of child custody. (Ibid.)
This bill would add several additional offenses to the list of violations for which victims can receive compensation for their emotional injuries. These offenses include: mayhem, torture, kidnapping, aggravated kidnapping, kidnapping in the commission of a carjacking, extortion by posing as a kidnapper, assault with intent to commit a sex offense, rape in concert, aggravated sexual assault of a child, sexual acts with a child under 10, stalking, attempted murder, and murder.
- 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 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 eligibility for victim compensation when the proposed backfill only allows the Board to continue operating at its current level? - Argument in Support: According to California District Attorneys Association (CDAA), “[AB 56] will bring the Penal Code into closer alignment with our Constitution and ensure just compensation for those who suffer psychological harm from a criminal’s violent acts.”
- Argument in Opposition: According to California Attorneys for Criminal Justice (CACJ), “CACJ asks the Legislature to reject AB 56 and instead follow the lead of the Committee on Revision of the Penal Code and adopt a more functional way to help victims by creating a state-funded system of victim restitution. (2022 Report at pp. 14-18.) Such a system would expedite getting payments to victims….”
- Related Legislation: SB 86 (Seyarto), would require the crime victims resource center to provide information for crime victims through an internet website including information on obtaining restitution from the Board.
- Prior Legislation:
- AB 200 (Committee on Budget), of the 2021-2022 Legislative Session, established the Flexible Assistance for Survivors Pilot Program to distribute direct cash assistance to crime victims and made numerous changes to the Board.
- SB 993 (Skinner), of the 2021-2022 Legislative Session, was substantially similar to AB 200. SB 993 failed passage on the Assembly Floor.
- AB 2534 (Bryan), of the 2021-2022 Legislative Session, would have established the Survivor Support and Harm Prevention Pilot Program to provide resources to survivors of violence or trauma. AB 2534 was held under submission in the Assembly Appropriations Committee.
- SB 375 (Durazo), Chapter 375, Statutes of 2019, extended the deadline for victims to file an application for victim compensation from three to 7 years.
- AB 2809 (Leno), Chapter 587, Statutes of 2008, allowed minors who suffer emotional injuries for witnessing a violent crime to be eligible for victim compensation for the costs of mental health counseling.
- AB 200 (Committee on Budget), of the 2021-2022 Legislative Session, established the Flexible Assistance for Survivors Pilot Program to distribute direct cash assistance to crime victims and made numerous changes to the Board.
REGISTERED SUPPORT / OPPOSITION:
Support
California District Attorneys Association
Opposition
California Attorneys for Criminal Justice
Analysis Prepared by:
Discussed in Hearing
1MIN
Senate Floor
5MIN
Senate Standing Committee on Public Safety
4MIN
Assembly Floor
24SEC
Assembly Floor
1MIN
Assembly Standing Committee on Appropriations
8MIN
Assembly Standing Committee on Public Safety
Bill Author
Bill Co-Author(s):
