Bill Text: CA AB1629 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Crime victims: compensation: reimbursement of violence peer counseling expenses.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Passed) 2014-09-25 - Chaptered by Secretary of State - Chapter 535, Statutes of 2014. [AB1629 Detail]

Download: California-2013-AB1629-Amended.html

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BILL NUMBER: AB 1629	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 21, 2014
	AMENDED IN SENATE  AUGUST 19, 2014
	AMENDED IN ASSEMBLY  MAY 23, 2014

INTRODUCED BY   Assembly Member Bonta
   (Coauthors: Assembly Members Garcia, Maienschein, V. Manuel Pérez,
Skinner, Ting, and Waldron)

                        FEBRUARY 10, 2014

   An act to add and repeal Section 13957.9 of the Government Code,
relating to crime victims, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1629, as amended, Bonta. Crime victims: compensation:
reimbursement of violence peer counseling expenses.
   Existing law provides for the compensation of victims and
derivative victims of specified types of crimes by the California
Victim Compensation and Government Claims Board from the Restitution
Fund, a continuously appropriated fund, for specified losses suffered
as a result of those crimes. Existing law sets forth eligibility
requirements and specified limits on the amount of compensation the
board may award. Existing law authorizes the board to reimburse a
crime victim or derivative victim for the amount of outpatient mental
health counseling-related expenses incurred by the victim or
derivative victim, including peer counseling services provided by a
rape crisis center, as specified.
   This bill would additionally, until January 1, 2017, authorize the
board to reimburse a crime victim or derivative victim for the
amount of outpatient violence peer counseling-related expenses
incurred by the victim or derivative victim, as specified. By
expanding the authorization for the use of moneys in a continuously
appropriated fund, this bill would make an appropriation.
   Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 13957.9 is added to the Government Code, to
read:
   13957.9.  (a)  (1)  In addition to the
authorization provided in Section  13957,  
13957 and subject to the limitations set forth in Section 13957.2,
 the board may grant for pecuniary loss, when the board
determines it will best aid the person seeking compensation, 
as follows: 
    (2)     Subject to the
limitations set forth in Section 13957.2, reimburse  
reimbursement of  the amount of outpatient psychiatric,
psychological, or other mental health counseling-related expenses
incurred by the victim or derivative victim, including peer
counseling services provided by violence peer counseling services
provided by a service organization for victims of violent crime, and
including family psychiatric, psychological, or mental health
counseling for the successful treatment of the victim provided to
family members of the victim in the presence of the victim, whether
or not the family member relationship existed at the time of the
crime, that became necessary as a direct result of the crime, subject
to the following conditions: 
   (A) 
    (1)  The following persons may be reimbursed for the
expense of their outpatient mental health counseling in an amount not
to exceed ten thousand dollars ($10,000): 
   (i) 
    (A)  A victim. 
   (ii) 
    (B)  A derivative victim who is the surviving parent,
sibling, child, spouse, fiancé, or fiancée of a victim of a crime
that directly resulted in the death of the victim. 
   (iii) 
    (C)  A derivative victim, as described in paragraphs (1)
to (4), inclusive, of subdivision (c) of Section 13955, who is the
primary caretaker of a minor victim whose claim is not denied or
reduced pursuant to Section 13956 in a total amount not to exceed ten
thousand dollars ($10,000) for not more than two derivative victims.

   (B) 
    (2)  The following persons may be reimbursed for the
expense of their outpatient mental health counseling in an amount not
to exceed five thousand dollars ($5,000): 
   (i) 
    (A)  A derivative victim not eligible for reimbursement
pursuant to  subparagraph (A),   paragraph (1),
 provided that mental health counseling of a derivative victim
described in paragraph (5) of subdivision (c) of Section 13955, shall
be reimbursed only if that counseling is necessary for the treatment
of the victim. 
   (ii) 
    (B)  A victim of a crime of unlawful sexual intercourse
with a minor committed in violation of subdivision (d) of Section
261.5 of the Penal Code. A derivative victim of a crime committed in
violation of subdivision (d) of Section 261.5 of the Penal Code shall
not be eligible for reimbursement of mental health counseling
expenses. 
   (iii) 
    (C)  A minor who suffers emotional injury as a direct
result of witnessing a violent crime and who is not eligible for
reimbursement of the costs of outpatient mental health counseling
under any other provision of this chapter. To be eligible for
reimbursement under this clause, the minor must have been in close
proximity to the victim when he or she witnessed the crime. 
   (C) 
    (3)  The board may reimburse a victim or derivative
victim for outpatient mental health counseling in excess of that
authorized by  subparagraph (A) or (B)  
paragraph (1) or (2)  or for inpatient psychiatric,
psychological, or other mental health counseling if the claim is
based on dire or exceptional circumstances that require more
extensive treatment, as approved by the board. 
   (D) 
    (4)  Expenses for psychiatric, psychological, or other
mental health counseling-related services may be reimbursed only if
the services were provided by either of the following individuals:

   (i) 
    (A)  A person who would have been authorized to provide
those services pursuant to former Article 1 (commencing with Section
13959) as it read on January 1, 2002. 
   (ii) 
    (B)  A person who is licensed by the state to provide
those services, or who is properly supervised by a person who is so
licensed, subject to the board's approval and subject to the
limitations and restrictions the board may impose.
   (b) The total award to or on behalf of each victim or derivative
victim may not exceed thirty-five thousand dollars ($35,000), except
that this amount may be increased to seventy thousand dollars
($70,000) if federal funds for that increase are available.
   (c) For the purposes of this section, the following definitions
shall apply:
   (1) "Service organization for victims of violent crime" means a
nongovernmental organization that meets both of the following
criteria:
   (A) Its primary mission is to provide services to victims of
violent crime.
   (B) It provides programs or services to victims of violent crime
and their families, and other programs, whether or not a similar
program exists in an agency that provides additional services.
   (2) "Violence peer counseling services" means counseling by a
violence peer counselor for the purpose of rendering advice or
assistance for victims of violent crime and their families.
   (3) "Violence peer counselor" means a provider of formal or
informal counseling services who is employed by a service
organization for victims of violent crime, whether financially
compensated or not, and who meets all of the following requirements:
   (A) Possesses at least six months of full-time equivalent
experience in providing peer support services acquired through
employment, volunteer work, or as part of an internship experience.
   (B) Completed a training program aimed at preparing an individual
who was once a mental health services consumer to use his or her life
experience with mental health treatment, combined with other
strengths and skills, to promote the mental health recovery of other
mental health services consumers who are in need of peer-based
services relating to recovery as a victim of a violent crime.
   (C) Possesses 40 hours of training on all of the following:
   (i) The profound neurological, biological, psychological, and
social effects of trauma and violence.
   (ii) Peace-building and violence prevention strategies, including,
but not limited to, conflict mediation and retaliation prevention
related to gangs and gang-related violence.
   (iii) Post-traumatic stress disorder and vicarious trauma,
especially as related to gangs and gang-related violence.
   (iv) Case management practices, including, but not limited to,
ethics and victim compensation advocacy.
   (D) When providing violence peer counseling services, is
supervised by a marriage and family therapist licensed pursuant to
Chapter 13 (commencing with Section 4980) of Division 2 of the
Business and Professions Code, a licensed educational psychologist
licensed pursuant to Chapter 13.5 (commencing with Section 4989.10)
of Division 2 of the Business and Professions Code, a clinical social
worker licensed pursuant to Chapter 14 (commencing with Section
4991) of Division 2 of the Business and Professions Code, or a
licensed professional clinical counselor licensed pursuant to Chapter
16 (commencing with Section 4999.10) of Division 2 of the Business
and Professions Code. For the purposes of this subparagraph, 
the supervision requirement is satisfied if  a licensed
marriage and family therapist, licensed educational psychologist,
licensed clinical social worker, or  a  licensed
professional clinical counselor  is   shall be
 employed by the same service organization as the violence peer
counselor.
   (d) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.