Bill Text: CA AB1911 | 2013-2014 | Regular Session | Introduced
Bill Title: Victims of crime: compensation.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-03-17 - Referred to Com. on PUB. S. [AB1911 Detail]
Download: California-2013-AB1911-Introduced.html
BILL NUMBER: AB 1911 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Patterson
FEBRUARY 19, 2014
An act to amend Sections 13952.5 and 13958 of the Government Code,
relating to victims of crime.
LEGISLATIVE COUNSEL'S DIGEST
AB 1911, as introduced, Patterson. Victims of crime: compensation.
Existing law authorizes the California Victim Compensation and
Government Claims Board to award compensation to a crime victim or
derivative victim, as defined, from the Restitution Fund, a
continuously appropriated fund, for the pecuniary losses that he or
she suffers as a direct result of a criminal act. Existing law
requires the board to approve or deny applications, based on
recommendations of the board staff, within an average of 90 calendar
days and no later than 180 calendar days of acceptance by the board
or victim center. Existing law requires quarterly reports to the
Legislature if the board does not meet the 90-day average standard,
until the standard is met for 2 consecutive quarters. Existing law
requires the board, if it fails to approve or deny an individual
application within 180 days of the date it is accepted, to advise the
applicant and his or her representative, in writing, of the reason
for the failure to approve or deny the application. Existing law
provides for emergency awards under specified circumstances, and
requires that disbursements of funds for emergency awards be made
within 30 calendar days of application.
This bill would shorten the time period in which the board must
approve or deny an application to within 30 calendar days of the date
of acceptance by the board or victim center. The bill would require
quarterly reports to the Legislature if the board does not meet a
30-day deadline until the board meets the 30-day deadline for
accepted applications for 2 consecutive quarters. The bill would
require written advisement if the board fails to approve or deny an
individual application by the 30-day deadline. The bill would also
shorten the time period in which the board must make disbursements of
funds for emergency awards to within 5 business days of application.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 13952.5 of the Government Code is amended to
read:
13952.5. (a) An emergency award shall be available to a person
eligible for compensation pursuant to this chapter if the board
determines that such an the award is
necessary to avoid or mitigate substantial hardship that may result
from delaying compensation until complete and final consideration of
an application.
(b) The board shall establish the method for requesting an
emergency award, which may include, but need not be limited to,
requiring submission of the regular application as provided for in
Section 13952.
(c) (1) The board may grant an emergency award based solely on the
application of the victim or derivative victim. The board may refuse
to grant an emergency award where it has reason to believe that the
applicant will not be eligible for compensation under this chapter.
(2) By mutual agreement between the staff of the board and the
applicant or the applicant's representative, the staff of the board
may take additional 10-day periods to verify the emergency award
claim and make payment.
(3) The board may delegate authority to designated staff persons
and designated agencies, including, but not limited to, district
attorneys, probation departments, victim centers, and other victim
service providers approved by the board and under contract with the
board, who shall use guidelines established by the board, to grant
and disburse emergency awards.
(d) Disbursements of funds for emergency awards shall be made
within 30 calendar five business days
of application.
(e) (1) If an application for an emergency award is denied, the
board shall notify the applicant in writing of the reasons for the
denial.
(2) An applicant for an emergency award shall not be entitled to a
hearing before the board to contest a denial of an emergency award.
However, denial of an emergency award shall not prevent further
consideration of the application for a regular award and shall not
affect the applicant's right to a hearing pursuant to Section 13959
if staff recommends denial of a regular award.
(f) (1) If upon final disposition of the regular application, it
is found that the applicant is not eligible for compensation from the
board, the applicant shall reimburse the board for the emergency
award pursuant to an agreed-upon repayment schedule.
(2) If upon a final disposition of the application, the board
grants compensation to the applicant, the amount of the emergency
award shall be deducted from the final award of compensation. If the
amount of the compensation is less than the amount of the emergency
award, the excess amount shall be treated as an overpayment pursuant
to Section 13965.
(3) "Final disposition," for the purposes of this section, shall
mean the final decision of the board with respect to the victim's or
derivative victim's application, before any action for judicial
review is instituted.
(g) The amount of an emergency award shall be dependent upon the
immediate needs of the victim or derivative victim subject to rates
and limitations established by the board.
SEC. 2. Section 13958 of the Government Code is amended to read:
13958. (a) The board shall approve or deny
applications, an application, based on
recommendations the recommendation of the board
staff, within an average of 90 calendar days and no later
than 180 30 calendar days of the date of
acceptance by the board or victim center.
(a)
(b) If the board does not meet the 90-day
average standard a 30-day deadline as prescribed
in this subdivision, subdivision
(a), the board shall, thereafter, shall
report to the Legislature, on a quarterly basis, its progress
and its current average time of processing applications. These
quarterly reports shall continue until the board meets the
90-day average standard 30-day deadline for
accepted applications for two consecutive quarters.
(b)
(c) If the board fails to approve or deny an individual
application within 180 30 calendar
days of the date it is accepted, pursuant to this
subdivision, the board shall advise the applicant and his
or her representative, in writing, of the reason for the failure to
approve or deny the application.
