SB 86: Crime victims: resource center.
- Session Year: 2023-2024
- House: Senate
- Latest Version Date: 2023-07-21
Current Status:
Passed
(2023-07-21: Chaptered by Secretary of State. Chapter 105, Statutes of 2023.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
This bill requires the statewide crime victim resource center to provide information to victims and their families both by its toll-free phone line and on an internet website. The website must include an easy-to-read summary of victims’ rights and resources, links to state and county services, a short guide to the criminal justice process, information on getting restitution from the California Victim Compensation Board, and ways to obtain legal protections.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Existing law requires the establishment of a resource center that operates a statewide, toll-free information service, consisting of legal and other information, for crime victims and providers of services to crime victims, as defined.
This bill would require the resource center to additionally provide the information through an internet website and to the families of crime victims.
The bill would require that the internet website include a summary of victims rights and resources, as specified.
Existing law requires the establishment of a resource center that operates a statewide, toll-free information service, consisting of legal and other information, for crime victims and providers of services to crime victims, as defined.
This bill would require the resource center to additionally provide the information through an internet website and to the families of crime victims.
The bill would require that the internet website include a summary of victims rights and resources, as specified.
Existing law requires the establishment of a resource center that operates a statewide, toll-free information service, consisting of legal and other information, for crime victims and providers of services to crime victims, as defined.
This bill would require the resource center to additionally provide the information through an internet website and to the families of crime victims.
The bill would require that the internet website include a summary of victims rights and resources, as specified.
(a)There shall be established a resource center that shall provide legal and other information for crime victims, their families, and providers of services to crime victims through a statewide, toll-free telephone number and an internet website. The resource center shall provide information and educational materials discussing crime victims legal rights. The resource center shall distribute these materials to administrative agencies, law enforcement agencies, crime victim-service programs, local, regional, and statewide education systems, appropriate human service agencies, and political, social, civic, and religious leaders and organizations.
(b)As used in this chapter, provider of services to crime victims means any hospital, doctor, attorney, local or statewide rape crisis center, domestic violence center, child abuse counseling center, or victims witness center that seeks to assist crime victims in understanding and exercising their legal rights, including, but not limited to, those rights under Chapter 5 (commencing with Section 13959) of Part 4 of Division 3 of Title 2 of the Government Code.
SEC. 2.Section 13897.2 of the Penal Code is amended to read:13897.2.(a)The Office of Emergency Services shall grant an award to an appropriate private, nonprofit organization, to provide a statewide resource center, as described in Section 13897.1.
(b)The resource center shall:
(1)Provide users with information about victims legal rights to compensation pursuant to Chapter 5 (commencing with Section 13959) of Part 4 of Division 3 of Title 2 of the Government Code and, where appropriate, provide victims with guidance in exercising these rights.
(2)Provide users who provide services to victims of crime with legal information regarding the legal rights of crime victims.
(3)Advise users about any potential civil causes of action and, where appropriate, provide callers with references to local legal aid and lawyer referral services.
(4)Advise and assist users in understanding and implementing their rights to participate in sentencing and parole eligibility hearings as provided by statute.
(5)Advise users about victims rights in the criminal justice system, assist them in overcoming problems, including the return of property, and inform them of any procedures protecting witnesses.
(6)Refer users, as appropriate, to local programs, which include victim-witness programs, rape crisis units, domestic violence projects, and child sexual abuse centers.
(7)Refer users to local resources for information about appropriate public and private benefits and the means of obtaining aid.
(8)Publicize the existence of the toll-free service and internet website through the print and electronic media, including public service announcements, brochures, press announcements, various other educational materials, and agreements for the provision of publicity, by private entities.
(9)Compile comprehensive referral lists of local resources that include the following: crime victims assistance resources, including legal and medical services, financial assistance, personal counseling and support services, and crime victims support groups.
(10)Produce promotional materials for distribution to law enforcement agencies, state and local agencies, print, radio, and television media outlets, and the general public. These materials shall include placards, video and audio training materials, written handbooks, and brochures for public distribution. Distribution of these materials shall be coordinated with the local crime victims service programs.
(11)Research, compile, and maintain a library of legal information concerning crime victims and their rights.
(12)Provide a 20-percent-minimum cash match for all funds appropriated pursuant to this chapter, which may include federal and private funds in order to supplement any funds appropriated by the Legislature.
(c)The resource center shall be located so as to assure convenient and regular access between the resource center and those state agencies most concerned with crime victims. The entity receiving the grant shall be a private, nonprofit organization, independent of law enforcement agencies, and have qualified staff knowledgeable in the legal rights of crime victims and the programs and services available to crime victims throughout the state. The subgrantee shall have an existing statewide, toll-free information service and internet website and have demonstrated substantial capacity and experience serving crime victims in areas required by this act.
(d)The internet website maintained pursuant to this section shall include a summary of crime victims rights and resources in plain language, including, but not limited to:
(1)Information about victims rights, including the disclosures required under Section 679.026 and the information required by paragraph (3) of subdivision (b) of Section 679.027.
(2)Links to victim resources offered by the state and by each county.
(3)Additional links or resources from public or private entities that the center determines are relevant and appropriate.
(4)A summary of the California criminal justice process.
(5)Information on obtaining restitution from the California Victim Compensation Board.
(6)Information on obtaining legal protections for victims and their families.
(e)The services of the resource center shall not duplicate the victim service activities of the Office of Emergency Services or those activities of local victim programs funded through the Office of Emergency Services.
(f)The subgrantee shall be compensated at its federally approved indirect cost rate, if any. For the purposes of this section, federally approved indirect cost rate means that rate established by the federal Department of Health and Human Services or other federal agency for the subgrantee. This section does not require the Office of Emergency Services to permit the use of federally approved indirect cost rates for other subgrantees of other grants administered by the Office of Emergency Services.
(g)All information and records retained by the center in the course of providing services under this chapter shall be confidential and privileged pursuant to Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code and Article 4 (commencing with Section 6060) of Chapter 4 of Division 3 of the Business and Professions Code. Nothing in this subdivision shall prohibit compilation and distribution of statistical data by the center.
(a)There shall be established a resource center that shall provide legal and other information for crime victims, their families, and providers of services to crime victims through a statewide, toll-free telephone number and an internet website. The resource center shall provide information and educational materials discussing crime victims legal rights. The resource center shall distribute these materials to administrative agencies, law enforcement agencies, crime victim-service programs, local, regional, and statewide education systems, appropriate human service agencies, and political, social, civic, and religious leaders and organizations.
(b)As used in this chapter, provider of services to crime victims means any hospital, doctor, attorney, local or statewide rape crisis center, domestic violence center, child abuse counseling center, or victims witness center that seeks to assist crime victims in understanding and exercising their legal rights, including, but not limited to, those rights under Chapter 5 (commencing with Section 13959) of Part 4 of Division 3 of Title 2 of the Government Code.
SEC. 2.Section 13897.2 of the Penal Code is amended to read:13897.2.(a)The Office of Emergency Services shall grant an award to an appropriate private, nonprofit organization, to provide a statewide resource center, as described in Section 13897.1.
(b)The resource center shall:
(1)Provide users with information about victims legal rights to compensation pursuant to Chapter 5 (commencing with Section 13959) of Part 4 of Division 3 of Title 2 of the Government Code and, where appropriate, provide victims with guidance in exercising these rights.
(2)Provide users who provide services to victims of crime with legal information regarding the legal rights of crime victims.
(3)Advise users about any potential civil causes of action and, where appropriate, provide callers with references to local legal aid and lawyer referral services.
(4)Advise and assist users in understanding and implementing their rights to participate in sentencing and parole eligibility hearings as provided by statute.
(5)Advise users about victims rights in the criminal justice system, assist them in overcoming problems, including the return of property, and inform them of any procedures protecting witnesses.
(6)Refer users, as appropriate, to local programs, which include victim-witness programs, rape crisis units, domestic violence projects, and child sexual abuse centers.
(7)Refer users to local resources for information about appropriate public and private benefits and the means of obtaining aid.
(8)Publicize the existence of the toll-free service and internet website through the print and electronic media, including public service announcements, brochures, press announcements, various other educational materials, and agreements for the provision of publicity, by private entities.
(9)Compile comprehensive referral lists of local resources that include the following: crime victims assistance resources, including legal and medical services, financial assistance, personal counseling and support services, and crime victims support groups.
(10)Produce promotional materials for distribution to law enforcement agencies, state and local agencies, print, radio, and television media outlets, and the general public. These materials shall include placards, video and audio training materials, written handbooks, and brochures for public distribution. Distribution of these materials shall be coordinated with the local crime victims service programs.
(11)Research, compile, and maintain a library of legal information concerning crime victims and their rights.
(12)Provide a 20-percent-minimum cash match for all funds appropriated pursuant to this chapter, which may include federal and private funds in order to supplement any funds appropriated by the Legislature.
(c)The resource center shall be located so as to assure convenient and regular access between the resource center and those state agencies most concerned with crime victims. The entity receiving the grant shall be a private, nonprofit organization, independent of law enforcement agencies, and have qualified staff knowledgeable in the legal rights of crime victims and the programs and services available to crime victims throughout the state. The subgrantee shall have an existing statewide, toll-free information service and internet website and have demonstrated substantial capacity and experience serving crime victims in areas required by this act.
(d)The internet website maintained pursuant to this section shall include a summary of crime victims rights and resources in plain language, including, but not limited to:
(1)Information about victims rights, including the disclosures required under Section 679.026 and the information required by paragraph (3) of subdivision (b) of Section 679.027.
(2)Links to victim resources offered by the state and by each county.
(3)Additional links or resources from public or private entities that the center determines are relevant and appropriate.
(4)A summary of the California criminal justice process.
(5)Information on obtaining restitution from the California Victim Compensation Board.
(6)Information on obtaining legal protections for victims and their families.
(e)The services of the resource center shall not duplicate the victim service activities of the Office of Emergency Services or those activities of local victim programs funded through the Office of Emergency Services.
(f)The subgrantee shall be compensated at its federally approved indirect cost rate, if any. For the purposes of this section, federally approved indirect cost rate means that rate established by the federal Department of Health and Human Services or other federal agency for the subgrantee. This section does not require the Office of Emergency Services to permit the use of federally approved indirect cost rates for other subgrantees of other grants administered by the Office of Emergency Services.
(g)All information and records retained by the center in the course of providing services under this chapter shall be confidential and privileged pursuant to Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code and Article 4 (commencing with Section 6060) of Chapter 4 of Division 3 of the Business and Professions Code. Nothing in this subdivision shall prohibit compilation and distribution of statistical data by the center.
(a)There shall be established a resource center which shall operate a statewide, toll-free information service, consisting of that shall provide legal and other information, information for crime victims victims, their families, and providers of services to crime victims. The victims through a statewide, toll-free telephone number and an internet website. The resource center shall provide information and educational materials discussing crime victims legal rights. The resource center shall distribute these materials to administrative agencies, law enforcement agencies, crime victim-service programs, local, regional, and statewide education systems, appropriate human service agencies, and political, social, civic, and religious leaders and organizations.
As(b)As used in this chapter, provider of services to crime victims means any hospital, doctor, attorney, local or statewide rape crisis center, domestic violence center, child abuse counseling center, or victims witness center that seeks to assist crime victims in understanding and exercising their legal rights, including including, but not limited to, those rights under Chapter 5 (commencing with Section 13959) of Part 4 of Division 3 of Title 2 of the Government Code.
SEC. 2.Section 13897.2 of the Penal Code is amended to read:13897.2.(a)The Office of Emergency Services shall grant an award to an appropriate private, nonprofit organization, to provide a statewide resource center, as described in Section 13897.1.
(b)The resource center shall:
(1)Provide callers users with information about victims legal rights to compensation pursuant to Chapter 5 (commencing with Section 13959) of Part 4 of Division 3 of Title 2 of the Government Code and, where appropriate, provide victims with guidance in exercising these rights.
(2)Provide callers users who provide services to victims of crime with legal information regarding the legal rights of victims of crime. crime victims.
(3)Advise callers users about any potential civil causes of action and, where appropriate, provide callers with references to local legal aid and lawyer referral services.
(4)Advise and assist callers users in understanding and implementing their rights to participate in sentencing and parole eligibility hearings as provided by statute.
(5)Advise callers users about victims rights in the criminal justice system, assist them in overcoming problems, including the return of property, and inform them of any procedures protecting witnesses.
(6)Refer callers, users, as appropriate, to local programs, which include victim-witness programs, rape crisis units, domestic violence projects, and child sexual abuse centers.
(7)Refer callers users to local resources for information about appropriate public and private benefits and the means of obtaining aid.
(8)Publicize the existence of the toll-free service and internet website through the print and electronic media, including public service announcements, brochures, press announcements, various other educational materials, and agreements for the provision of publicity, by private entities.
(9)Compile comprehensive referral lists of local resources that include the following: crime victims assistance resources, including legal and medical services, financial assistance, personal counseling and support services, and crime victims support groups.
(10)Produce promotional materials for distribution to law enforcement agencies, state and local agencies, print, radio, and television media outlets, and the general public. These materials shall include placards, video and audio training materials, written handbooks, and brochures for public distribution. Distribution of these materials shall be coordinated with the local crime victims service programs.
(11)Research, compile, and maintain a library of legal information concerning crime victims and their rights.
(12)Provide a 20-percent minimum 20-percent-minimum cash match for all funds appropriated pursuant to this chapter chapter, which match may include federal and private funds in order to supplement any funds appropriated by the Legislature.
(c)The resource center shall be located so as to assure convenient and regular access between the resource center and those state agencies most concerned with crime victims. The entity receiving the grant shall be a private, nonprofit organization, independent of law enforcement agencies, and have qualified staff knowledgeable in the legal rights of crime victims and the programs and services available to crime victims throughout the state. The subgrantee shall have an existing statewide, toll-free information service and internet website and have demonstrated substantial capacity and experience serving crime victims in areas required by this act.
(d)The internet website maintained pursuant to this section shall include a summary of crime victims rights and resources in plain language, including, but not limited to:
(1)Information about victims rights, including the disclosures required under Section 679.026 and the information required by paragraph (3) of subdivision (b) of Section 679.027.
(2)Links to victim resources offered by the state and by each county.
(3)Additional links or resources from public or private entities that the center determines are relevant and appropriate.
(4)A summary of the California criminal justice process.
(5)Information on obtaining restitution from the California Victim Compensation Board.
(6)Information on obtaining legal protections for victims and their families.
(d)(e)The services of the resource center shall not duplicate the victim service activities of the Office of Emergency Services or those activities of local victim programs funded through the Office of Emergency Services.
(e)(f)The subgrantee shall be compensated at its federally approved indirect cost rate, if any. For the purposes of this section, federally approved indirect cost rate means that rate established by the federal Department of Health and Human Services or other federal agency for the subgrantee. Nothing in this section shall be construed as requiring This section does not require the Office of Emergency Services to permit the use of federally approved indirect cost rates for other subgrantees of other grants administered by the Office of Emergency Services.
(f)(g)All information and records retained by the center in the course of providing services under this chapter shall be confidential and privileged pursuant to Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code and Article 4 (commencing with Section 6060) of Chapter 4 of Division 3 of the Business and Professions Code. Nothing in this subdivision shall prohibit compilation and distribution of statistical data by the center.
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Date
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Status
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|---|---|
| Jul 21, 2023 | Chaptered by Secretary of State. Chapter 105, Statutes of 2023. |
| Jul 21, 2023 | Approved by the Governor. |
| Jul 11, 2023 | Enrolled and presented to the Governor at 11 a.m. |
| Jul 3, 2023 | In Senate. Ordered to engrossing and enrolling. |
| Jul 3, 2023 | Read third time. Passed. (Ayes 69. Noes 0. Page 2541.) Ordered to the Senate. |
| Jun 29, 2023 | Read second time. Ordered to consent calendar. |
| Jun 28, 2023 | From committee: Do pass. Ordered to consent calendar. (Ayes 14. Noes 0.) (June 28). |
| Jun 13, 2023 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 8. Noes 0.) (June 13). Re-referred to Com. on APPR. |
| May 4, 2023 | Referred to Com. on PUB. S. |
| Apr 17, 2023 | In Assembly. Read first time. Held at Desk. |
| Apr 13, 2023 | Read third time. Passed. (Ayes 36. Noes 0. Page 699.) Ordered to the Assembly. |
| Apr 11, 2023 | Read second time. Ordered to consent calendar. |
| Apr 10, 2023 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar. |
| Mar 28, 2023 | Set for hearing April 10. |
| Mar 14, 2023 | From committee: Do pass and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 4. Noes 0. Page 340.) (March 14). Re-referred to Com. on APPR. |
| Feb 17, 2023 | Set for hearing March 14. |
| Jan 25, 2023 | Referred to Com. on PUB S. |
| Jan 18, 2023 | From printer. May be acted upon on or after February 17. |
| Jan 17, 2023 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
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Date
|
Description
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Location
|
Votes
|
|
|---|---|---|---|---|
| Jul 3, 2023 | SB 86 Seyarto Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Jun 28, 2023 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 13, 2023 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Public Safety |
Passed |
|
| Apr 13, 2023 | Consent Calendar SB86 Seyarto | Senate Floor |
Passed |
|
| Mar 14, 2023 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
|
Date
|
|---|---|---|
| California Catholic Conference | ** Support | |
| California District Attorneys Association | ** Support | |
| Crime Victims United | ** Support | |
| Los Angeles County District Attorney'S Office | ** Support | |
| Riverside County Sheriff's Office | ** Support |
Date of Hearing: June 28, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
SBPCA Bill Id:SB 86
Author:(Seyarto) – As Introduced Ver:January 17, 2023
Policy Committee: | Public Safety | Vote: | 8 - 0 |
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| ||
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill requires the statewide victim resource center to maintain a website that includes information about victim resources and the criminal justice process.
FISCAL EFFECT:
Costs (General Fund) to the Office of Emergency Services (CalOES) of an unknown but likely absorbable amount. CalOES funds the statewide California Victims Resource Center (CVRC) and provided approximately $560,000 to CVRC in 2022. In addition to other services described below, CVRC maintains a website that appears to fulfill the requirements of this bill. Costs for continuing to maintain the website are likely below $150,000 annually.
COMMENTS:
- Purpose. According to the author:
While California has some of the broadest crime victims’ rights in the United States, without guidance, many victims struggle to understand these rights and the complicated legal process which they often face alone. This bill will ensure that information is easier to access, providing clarity and relief to those dealing with trauma associated with being the victim of a crime.
- Background. Existing law requires CalOES to give grant funds to a nonprofit, statewide resource center that provides information and resources to victims of crime. Among other responsibilities, the resource center must provide information about relevant laws, victims’ rights, and local resources for victims. To fulfill these statutory requirements, CalOES funds CVRC, which operates out of McGeorge School of Law in Sacramento. CVRC operates a confidential, toll-free hotline for victims of crime, through which law students, under attorney supervision, provide information and referrals to services for victims of crime and other interested parties. This bill requires the statewide victim center to operate a website that provides specified information about state and county victim resources, the California criminal justice process, how to obtain restitution from the California Victim Compensation Board, and legal protections for victims and their families. CVRC currently operates a website that appears to satisfy this bill’s requirements.
Analysis Prepared by: Annika Carlson / APPR. / (916) 319-2081
Date of Hearing: June 13, 2023
Consultant: Elizabeth Potter
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
SBPCA Bill Id:SB 86
Author:(Seyarto) – As Introduced Ver:January 17, 2023
SUMMARY: Requires the California victim resource center to provide an internet website. Specifically, this bill:
- States that a victim resource center must provide legal and other information to crime victims, their families, and providers of services through an internet website.
- Requires that the website contain information on the following:
- Information about victims’ rights, including specified disclosures;
- Links to victim resources offered by the state and by each county;
- Additional links or resources from public or private entities that the center determines are relevant and appropriate;
- A summary of the California criminal justice process;
- Information on obtaining restitution from the California Victim Compensation Board; and,
- Information on obtaining legal protections for victims and their families.
- Information about victims’ rights, including specified disclosures;
- Makes technical, non-substantive changes.
EXISTING LAW:
- Establishes a resource center which is required to operate a statewide toll-free information service, consisting of legal and other information for crime victims and providers of services to crime victims. (Pen. Code, § 13897.1, subd. (a).)
- Requires a resource center to provide educational materials discussing a victim’s legal rights and distribution of these materials to administrative agencies, law enforcement agencies, victim-service programs, local, regional, and statewide education systems, appropriate human service agencies, and political, social, civic, and religious leaders and organizations. (Pen. Code, § 13897.1, subd. (a).)
- Requires the Office of Emergency Services (Cal-OES) to grant an award to an appropriate private, nonprofit organization, to provide a statewide resource center. (Pen. Code, § 13897.2, subd. (a).)
- Tasks the resource centers with the following:
- Provide callers with information about victims' legal rights to compensation and, where appropriate, provide victims with guidance in exercising these rights;
- Provide callers who provide services to victims of crime with legal information regarding the legal rights of victims of crime;
- Advise callers about any potential civil causes of action and, where appropriate, provide callers with references to local legal aid and lawyer referral services;
- Advise and assist callers in understanding and implementing their rights to participate in sentencing and parole eligibility hearings as provided by statute;
- Refer callers, as appropriate, to local programs, which include victim-witness programs, rape crisis units, domestic violence projects, and child sexual abuse centers;
- Refer callers to local resources for information about appropriate public and private benefits and the means of obtaining aid;
- Publicize the existence of the toll-free service through the print and electronic media, including public service announcements, brochures, press announcements, various other educational materials, and agreements for the provision of publicity, by private entities.
- Compile comprehensive referral lists of local resources that include the following: victims' assistance resources, including legal and medical services, financial assistance, personal counseling and support services, and victims' support groups.
- Produce promotional materials for distribution to law enforcement agencies, state and local agencies, print, radio, and television media outlets, and the general public. These materials shall include placards, video and audio training materials, written handbooks, and brochures for public distribution. Distribution of these materials shall be coordinated with the local victims' service programs; and,
- Research, compile, and maintain a library of legal information concerning crime victims and their rights. (Pen. Code, § 13897.2, subd. (b).)
- Provide callers with information about victims' legal rights to compensation and, where appropriate, provide victims with guidance in exercising these rights;
- States that the resource center be located in a manner that has convenient and regular access between the center and those state agencies most concerned with crime victims. (Pen. Code, § 13897.2, subd. (c).)
- Provides that the entity receiving the grant shall be a private, nonprofit organization, independent of law enforcement agencies, and have qualified staff knowledgeable in the legal rights of crime victims and the programs and services available to victims throughout the state. (Pen. Code, § 13897.2, subd. (c).)
- Specifies that a subgrantee shall have an existing statewide, toll-free information service and have demonstrated substantial capacity and experience serving crime victims. (Pen. Code, § 13897.2, subd. (c).)
- States that resource services shall not duplicate victim service activities of the Cal-OES or those of other local programs funded through Cal-OES. (Pen. Code, § 13897.2, subd. (d).)
- Requires a subgrantee to be compensated at its federally approved indirect cost rate. (Pen. Code § 13897.2 subd. (e).)
- Provides that all information and records retained by the center in the course of providing services are considered confidential and privileged, as specified. (Pen. Code, §13897.2, subd (f).)
- States that every victim of crime has the right to receive without cost or charge a list of the rights of victims of crime recognized in the California Constitution. These rights shall be known as “Marsy Rights.” (Pen. Code § 679.026 subd. (b).)
- Requires the Attorney General, by June 1, 2025, to design and make available in PDF or other imaging format a “Victim Protection and Resources” card, as specified. (Pen. Code §679.027 subd. (b)(3).)
FISCAL EFFECT: Unknown.
COMMENTS:
- Author's Statement: According to the author, “While California has some of the broadest crime victims’ rights in the United States, without guidance, many victims struggle to understand these rights and the complicated legal process which they often face alone. This bill will ensure that information is easier to access, providing clarity and relief to those dealing with trauma associated with being the victim of a crime.”
- California Victims Resource Center: The victims resource center was created in 1984, and put into law by AB 1176 (Calderon), Chapter 1443, Statutes of 1985. According to the California Victims Resource Center, “The California Victims Resource Center is located in Sacramento, California. The Center has operated the State of California's confidential, toll-free 1-800-VICTIMS line since 1984. Students at the McGeorge School of law, under attorney supervision, provide information and referrals statewide to victims, their families, victim service providers, and victim advocates.
“Callers receive information on such matters as victims' compensation, victims' rights in the Justice System, restitution, civil suits, right to speak at sentencing and parole board hearings, as well as information on specific rights of victims of domestic violence, elder abuse, child abuse, and abuse against disabled.
“The Center is mandated by legislation, California Penal Code Section 13897, and is funded through the California Governor's Office of Emergency Services (CAL OES).”
The victims resource center currently has a fully functioning website with a variety of resources for victims, families, and providers. The website also includes live chat options as well as an escape option for a user to exit the website discreetly. This bill seeks to update the code section by requiring the website statutorily. - Marsy’s Law: On November 4, 2008, voters approved Proposition 9, which amended the California Constitution to provide a victim’s Bill of Rights. This is Marsy’s Law. (Cal. Const., art. I § 28.) Under Marsy’s Law a victim has a right to: reasonable notice of all public proceedings that the defendant and the prosecutor are entitled to be present at, reasonable notice of all parole and post-conviction release proceedings, and to be present at these proceedings; to be heard, upon request, at any proceeding in which a right of the victim is at issue, including sentencing and post-conviction release decisions; and, to be informed of all parole procedures, to participate in the parole process, and to provide information to the parole authority to be considered before the person is paroled. (Cal. Const., art. I § 28, subd. (b)(7)(8) & (15).)
This bill would require the victims resource center website to provide information about Marsy’s law and other resources, protections, and rights available to victims. - Argument in Support: According to Los Angeles County District Attorney’s Office, “SB 86 would require the statewide Victim Resource Center to provide an internet website for crime victims and victim service providers. It also requires the internet website to include a summary of victims’ rights and resources. This information would include links to victim resources offered by the State and by each county, links or resources from public or private entities that the Center determines are relevant and appropriate, a summary of the California criminal justice process, information on obtaining restitution from the California Victims Compensation Board, and information on obtaining legal protections for victims and their families.
“Crime victims often must deal with a significant amount of trauma in the aftermath of surviving a crime and navigating the legal system could be challenging. Survivors and their families should be provided with as many resources as possible to help them during that time. This bill will ensure that information is easier to access, providing clarity and some relief to those dealing with trauma associated with being the victim of a crime.” - Related Legislation:
- AB 60 (Bryan) creates a statutory right of crime victims to be informed that community-based restorative justice programs are available to them and requires the Department of Justice to update the information on the Victim Protections and Resources card that is provided to crime victims by law enforcement agencies throughout the state. AB 60 is pending hearing in the Senate Committee on Public Safety.
- AB 330 (Dixon) requires CalOES to post on the agency’s internet website, or on another website established for this purpose that is maintained by the office, information to assist victims of domestic violence with domestic violence law, the dynamics of victimization, and resources available to survivors of domestic violence. AB 330 was held in the Assembly Committee on Appropriations.
- AB 60 (Bryan) creates a statutory right of crime victims to be informed that community-based restorative justice programs are available to them and requires the Department of Justice to update the information on the Victim Protections and Resources card that is provided to crime victims by law enforcement agencies throughout the state. AB 60 is pending hearing in the Senate Committee on Public Safety.
- Prior Legislation:
- AB 1176 (Calderon), Chapter 1443, Statutes of 1985, established the statewide toll-free victim resource center hotline.
- SB 2428 (Alquist), Chapter 1640, Statutes of 1998, made changes to the victim resource center, including, but not limited to: defining who is a provider of services to crime victims; requiring a 20 percent minimum cash match fund; and requiring information and records retained by the center to be considered confidential and privileged .
- AB 1176 (Calderon), Chapter 1443, Statutes of 1985, established the statewide toll-free victim resource center hotline.
REGISTERED SUPPORT / OPPOSITION:
Support
California Catholic Conference
California District Attorneys Association
Crime Victims United
Los Angeles County District Attorney's Office
Riverside County Sheriff's Office
Opposition
None
Analysis Prepared by: Elizabeth Potter / PUB. S. / (916) 319-3744
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 86 |
CONSENT
Bill No: SB 86
Author: Seyarto (R)
Introduced: 1/17/23
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 4-0, 3/14/23
AYES: Wahab, Bradford, Skinner, Wiener
NO VOTE RECORDED: Ochoa Bogh
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SUBJECT: Crime victims: resource center
SOURCE: Author
DIGEST:
This bill requires the statewide victim resource center to provide an internet website for crime victims and victim service providers. This bill requires that the internet website include a summary of victims’ rights and resources.
ANALYSIS:
Existing law:
- Establishes a resource center which is required to operate a statewide toll-free information service, consisting of legal and other information for crime victims and providers of services to crime victims. (Pen. Code, § 13897.1.)
- Requires the center to provide information and educational material discussing victims’ legal rights and requires the center to distribute these materials to administrative agencies, law enforcement agencies, victim-service programs, local, regional, and statewide education systems, appropriate human service agencies, and political, social, civic, and religious leaders and organizations. (Pen. Code, § 13897.1.)
- Defines “providers of services to crime victims” as any “hospital, doctor, attorney, local or statewide rape crisis center, domestic violence center, child abuse counseling center, or victims’ witness center that seeks to assist crime victims in understanding and exercising their legal rights…” (Pen. Code, § 13897.1.)
- States that the Office of Emergency Services shall grant an award to an appropriate private, nonprofit organization, to provide a statewide resource center. (Pen. Code, § 13897.2, subd. (a).)
- Provides that awarded resource centers shall:
- Provide callers with information about victims’ legal rights to compensation and, where appropriate, provide victims with guidance in exercising these rights.
- Provide callers who provide services to victims of crime with legal information regarding the legal rights of victims of crime.
- Advise callers about any potential civil causes of action and, where appropriate, provide callers with references to local legal aid and lawyer referral services.
- Advise and assist callers in understanding and implementing their rights to participate in sentencing and parole eligibility hearings as provided by statute.
- Refer callers, as appropriate, to local programs, which include victim-witness programs, rape crisis units, domestic violence projects, and child sexual abuse centers.
- Refer callers to local resources for information about appropriate public and private benefits and the means of obtaining aid.
- Publicize the existence of the toll-free service through the print and electronic media, including public service announcements, brochures, press announcements, various other educational materials, and agreements for the provision of publicity, by private entities.
- Compile comprehensive referral lists of local resources that include the following: victims’ assistance resources, including legal and medical services, financial assistance, personal counseling and support services, and victims’ support groups.
- Produce promotional materials for distribution to law enforcement agencies, state and local agencies, print, radio, and television media outlets, and the general public. These materials shall include placards, video and audio training materials, written handbooks, and brochures for public distribution. Distribution of these materials shall be coordinated with the local victims’ service programs.
- Research, compile, and maintain a library of legal information concerning crime victims and their rights.
- Provide a 20-percent minimum cash match for all funds appropriated pursuant to this chapter which match may include federal and private funds in order to supplement any funds appropriated by the Legislature. (Pen. Code, § 13897.2, subd. (b).)
- States that the resource center be located with convenient and regular access between the center and those state agencies most concerned with crime victims. (Pen. Code, § 13897.2, subd. (c).)
- Provides that the entity receiving the grant shall be a private, nonprofit organization, independent of law enforcement agencies, and have qualified staff knowledgeable in the legal rights of crime victims and the programs and services available to victims throughout the state. (Pen. Code, § 13897.2, subd. (c).)
- Specifies that a subgrantee shall have an existing statewide, toll-free information service and have demonstrated substantial capacity and experience serving crime victims. (Pen. Code, § 13897.2, subd. (c).)
- States that resource services shall not duplicate victim service activities of the Office of Emergency Services or those of other local programs funded through the Office of Emergency Services. (Pen. Code, § 13897.2, subd. (d).)
This bill:
- Requires resource centers to establish an additional internet website service for crime victims and providers to crime victims.
- Provides that the internet website shall include a summary of victims’ rights and resources in plain language including:
- Information about victims’ rights, including specific disclosures.
- Links to victim resources offered by the state and by each county.
- Additional links or resources from public or private entities that the center determines are relevant and appropriate.
- A summary of the California criminal justice process.
- Information on obtaining restitution from the California Victims Compensation Board.
- Information on obtaining legal protections for victims and their families.
Comments
According to the author, “While California has some of the broadest crime victims’ rights in the United States, without guidance, many victims struggle to understand these rights and the complicated legal process which they often face alone. This bill will ensure that information is easier to access, providing clarity and relief to those dealing with trauma associated with being the victim of a crime.”
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
SUPPORT: (Verified 4/10/23)
California District Attorneys Association
Crime Victims United
Riverside County Sheriffs’ Office
OPPOSITION: (Verified 4/10/23)
None received
ARGUMENTS IN SUPPORT: According to the Riverside County Sheriffs’ Office:
Currently, California operates a state-wide resource center for victims under Penal Code §13897.1 et al., but it's only available through a toll-free service. This bill mandates the state to expand this service by establishing a website where crime victims can easily access information about their constitutional rights and connect with an attorney who can help guide them through the complex legal process. This bill also fills some gaps in existing law, such as extending these resources to victims' families and not restricting them to only victims, will provide a summary of crime victims' rights and resources in plain English (or other languages in simple terms), provide links to victim services offered by the state and each individual county, will provide users a summary of the California criminal justice system, will provide information about obtaining legal protections for victims and families, and equally important, will offer information on obtaining restitution from the California Victim Compensation Board.
In today's digital age, most people prefer to obtain their information via the web rather than calling a toll-free number. SB 86 updates outdated statutes and provides victims more resources and improved access to the justice system.
Prepared by: Hudson Mensay / PUB. S. /
4/12/23 14:04:14
**** END ****
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Aisha Wahab, Chair
2023 - 2024 Regular
Bill No: SB 86 Hearing Date: March 14, 2023
Author: | Seyarto | ||
Version: | January 17, 2023 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | HM | ||
Subject: Crime victims: resource center
HISTORY
Source: Author
Prior Legislation: SB 2428 (Alquist), Ch. 1135, Stats. of 1988
Support: California District Attorneys Association; Crime Victim’s United; Riverside County Sheriff’s Department
Opposition: None known
PURPOSE
The purpose of this bill is to require the statewide victim resource center to provide an internet website for crime victims and victim service providers. This bill also requires that the internet website include a summary of victims’ rights and resources.
Existing law establishes a resource center which is required to operate a statewide toll-free information service, consisting of legal and other information for crime victims and providers of services to crime victims. (Pen. Code, § 13897.1.)
Existing law requires the center to provide information and educational material discussing victims’ legal rights and requires the center to distribute these materials to administrative agencies, law enforcement agencies, victim-service programs, local, regional, and statewide education systems, appropriate human service agencies, and political, social, civic, and religious leaders and organizations. (Pen. Code, § 13897.1.)
Existing law defines “providers of services to crime victims” as any “hospital, doctor, attorney, local or statewide rape crisis center, domestic violence center, child abuse counseling center, or victims’ witness center that seeks to assist crime victims in understanding and exercising their legal rights…” (Pen. Code, § 13897.1.)
Existing law states that the Office of Emergency Services shall grant an award to an appropriate private, nonprofit organization, to provide a statewide resource center. (Pen. Code, § 13897.2, subd. (a).)
Existing law provides that awarded resource centers shall:
- Provide callers with information about victims’ legal rights to compensation and, where appropriate, provide victims with guidance in exercising these rights.
- Provide callers who provide services to victims of crime with legal information regarding the legal rights of victims of crime.
- Advise callers about any potential civil causes of action and, where appropriate, provide callers with references to local legal aid and lawyer referral services.
- Advise and assist callers in understanding and implementing their rights to participate in sentencing and parole eligibility hearings as provided by statute.
- Refer callers, as appropriate, to local programs, which include victim-witness programs, rape crisis units, domestic violence projects, and child sexual abuse centers.
- Refer callers to local resources for information about appropriate public and private benefits and the means of obtaining aid.
- Publicize the existence of the toll-free service through the print and electronic media, including public service announcements, brochures, press announcements, various other educational materials, and agreements for the provision of publicity, by private entities.
- Compile comprehensive referral lists of local resources that include the following: victims’ assistance resources, including legal and medical services, financial assistance, personal counseling and support services, and victims’ support groups.
- Produce promotional materials for distribution to law enforcement agencies, state and local agencies, print, radio, and television media outlets, and the general public. These materials shall include placards, video and audio training materials, written handbooks, and brochures for public distribution. Distribution of these materials shall be coordinated with the local victims’ service programs.
- Research, compile, and maintain a library of legal information concerning crime victims and their rights.
- Provide a 20-percent minimum cash match for all funds appropriated pursuant to this chapter which match may include federal and private funds in order to supplement any funds appropriated by the Legislature. (Pen. Code, § 13897.2, subd. (b).)
Existing law states that the resource center be located with convenient and regular access between the center and those state agencies most concerned with crime victims. (Pen. Code, § 13897.2, subd. (c).)
Existing law provides that the entity receiving the grant shall be a private, nonprofit organization, independent of law enforcement agencies, and have qualified staff knowledgeable in the legal rights of crime victims and the programs and services available to victims throughout the state. (Pen. Code, § 13897.2, subd. (c).)
Existing law specifies that a subgrantee shall have an existing statewide, toll-free information service and have demonstrated substantial capacity and experience serving crime victims. (Pen. Code, § 13897.2, subd. (c).)
Existing law states that resource services shall not duplicate victim service activities of the Office of Emergency Services or those of other local programs funded through the Office of Emergency Services. (Pen. Code, § 13897.2, subd. (d).)
This bill requires resource centers to establish an additional internet website service for crime victims and providers to crime victims.
This bill provides that the internet website shall include a summary of victims’ rights and resources in plain language including:
- Information about victims’ rights, including specific disclosures
- Links to victim resources offered by the state and by each county.
- Additional links or resources from public or private entities that the center determines are relevant and appropriate.
- A summary of the California criminal justice process.
- Information on obtaining restitution from the California Victims Compensation Board.
- Information on obtaining legal protections for victims and their families.
COMMENTS
- Need for This Bill
According to the author:
While California has some of the broadest crime victims’ rights in the United States, without guidance, many victims struggle to understand these rights and the complicated legal process which they often face alone. This bill will ensure that information is easier to access, providing clarity and relief to those dealing with trauma associated with being the victim of a crime.
- Crime Victim Resources
In 1982, in response to the Victims’ Rights Movement of the 1970s and 1980s, California voters approved Proposition 8 that recognized the hardships of victims in the criminal justice process and established the Victims’ Bill of Rights in the California Constitution. This section was then substantially altered by the addition of Proposition 9 in 2008, also known as Marsy’s Law, which included several new provisions such as the right to notification of criminal proceedings, restitution, and expanded power in parole hearings, to name a few. Since the passage of Marsy’s Law, the California Attorney General’s office has created and published, in 17 different languages, “Marsy’s Cards” that list 17 Marsy’s Rights along with additional website and phone number resources (See Office of the Attorney General’s website,
https://oag.ca.gov/victimservices/marsy). Physical cards are given to victims once contacted by law enforcement. A state-funded and maintained internet service known as “Marsy’s Page” was never established in the penal code since the corresponding initiative, Proposition 6 of 2008, was rejected by voters.
In 1988, SB 2428 (Alquist) established the statewide toll-free victim resource center and specified funding requirements and the information and resources that shall be provided to victims and service providers. This bill requires the statewide victim resource center to establish an internet website accessible by victims, their families and service providers with the same information required by SB 2428. The author states that this bill will provide “a single governmental source in “plain language” that more fully explains their constitutional rights, the criminal process and what they are entitled to.”
- Internet Website
Under the existing statutory framework, crime victims may obtain informational resources through a state-funded toll-free informational service. The Office of Emergency Services is mandated to distribute awarded funds to appropriate organizations that disseminate information about victims' rights, legal options, local programs, and other aid resources.
However, the organization that provides the toll-free informational service appears to already operate an internet website that meets all requirements in Penal Code section 13897.2. (See https://1800victims.org/).
According to their website,
The California Victims Resource Center is located in Sacramento, California. The Center has operated the State of California's confidential, toll-free 1-800-VICTIMS line since 1984. Students at the McGeorge School of law, under attorney supervision, provide information and referrals statewide to victims, their families, victim service providers, and victim advocates.
Callers receive information on such matters as victims' compensation, victims' rights in the Justice System, restitution, civil suits, right to speak at sentencing and parole board hearings, as well as information on specific rights of victims of domestic violence, elder abuse, child abuse, and abuse against disabled.
The Center is mandated by legislation, California Penal Code Section 13897, and is funded through the California Governor's Office of Emergency Services (CAL OES).
(See https://1800victims.org/about).
The author recognizes that 1800victims.org already exists but states that “[p]roviding a reference for this resource in the California Penal Code not only affirms the importance of funding this vital resource but reaffirms California’s commitment to preserving victims’ rights.”
Providing crime victims’ resource information through a website, in addition to the toll-free phone service, may allow victims and their families to skip the toll-free phone service and save them from the potential embarrassment of sharing sensitive information.
- Argument in Support
According to Riverside County Sheriff’s Department:
On behalf of the Riverside County Sheriff’s Office, I am proud to extend our support for SB 86, a measure to strengthen Marsy's Law by providing crime victims more resources and access to the justice system.
On behalf of the Riverside County Sheriff’s Office, I am proud to extend our support for SB 86, a measure to strengthen Marsy's Law by providing crime victims more resources and access to the justice system. Currently, California operates a state-wide resource center for victims under Penal Code §13897.1 et al., but it's only available through a toll-free service. This bill mandates the state to expand this service by establishing a website where crime victims can easily access information about their constitutional rights and connect with an attorney who can help guide them through the complex legal process. This bill also fills some gaps in existing law, such as extending these resources to victims' families and not restricting them to only victims, will provide a summary of crime victims' rights and resources in plain English (or other languages in simple terms), provide links to victim services offered by the state and each individual county, will provide users a summary of the California criminal justice system, will provide information about obtaining legal protections for victims and families, and equally important, will offer information on obtaining restitution from the California Victim Compensation Board.
In today's digital age, most people prefer to obtain their information via the web rather than calling a toll-free number. SB 86 updates outdated statutes and provides victims more resources and improved access to the justice system.
-- END –
Bill Author
Bill Co-Author(s):