BILL NUMBER: AB 1629 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 27, 2014
PASSED THE ASSEMBLY AUGUST 28, 2014
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, 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.
Appropriation: yes.
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) In addition to the authorization provided in
Section 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,
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:
(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):
(A) A victim.
(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.
(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.
(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):
(A) A derivative victim not eligible for reimbursement pursuant to
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.
(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.
(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.
(3) The board may reimburse a victim or derivative victim for
outpatient mental health counseling in excess of that authorized by
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.
(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:
(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.
(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, a
licensed marriage and family therapist, licensed educational
psychologist, licensed clinical social worker, or licensed
professional clinical counselor 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.