SB 838: Victim compensation: use of force by a law enforcement officer.

Existing law provides for the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation Board from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of those crimes. Existing law defines various terms for purposes of these provisions, including crime, which includes any public offense wherever it may take place that would constitute a misdemeanor or felony.

This bill would revise the definition of crime to include, solely for the purposes of eligibility for compensation under this chapter, an incident occurring on or after January 1, 2024, in which an individual sustains serious bodily injury, as defined, or death as a result of a law enforcement officers use of force, regardless of whether the law enforcement officer is arrested for, charged with, or convicted of committing a crime. The bill would define law enforcement officer for these purposes. By expanding the types of incidents for which compensation can be paid from a continuously appropriated fund, the bill would make an appropriation.

Existing law requires that a person be ineligible for compensation under specified conditions, including, among other things, if the board determines that denial of the claim for compensation is appropriate because of the nature of the victims involvement in the events leading to the crime or the involvement of the person whose injury or death gives rise to the application. Existing law requires the board to deny an application if it finds that the victim failed to cooperate reasonably with a law enforcement agency in the apprehension and conviction of the person committing the crime.

This bill, in the case of a claim based on a victims serious bodily injury or death that resulted from a law enforcement officers use of force, as described above, would prohibit the board from denying an application based on certain circumstances, including the victims or other applicants involvement in the crime, except as specified, the victims failure to cooperate, or the contents of a police report, or the lack thereof. The bill, in the case of a claim based on a victims serious bodily injury or death as a result of a crime, would require the board to adopt guidelines that allow the board to rely on evidence other than a police report, as specified.

Existing law requires that the board be subrogated to the rights of the recipient to the extent of any compensation granted by the board.

This bill would specify that the above-described subrogation of the board applies to compensation by the board for any claim, including a claim based on serious bodily injury or death that resulted from a law enforcement officers use of force.