Bill Text: CA AB2264 | 2013-2014 | Regular Session | Chaptered
Bill Title: Victim compensation: guide, signal, or service dogs.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2014-09-20 - Chaptered by Secretary of State - Chapter 502, Statutes of 2014. [AB2264 Detail]
Download: California-2013-AB2264-Chaptered.html
BILL NUMBER: AB 2264 CHAPTERED
BILL TEXT
CHAPTER 502
FILED WITH SECRETARY OF STATE SEPTEMBER 20, 2014
APPROVED BY GOVERNOR SEPTEMBER 20, 2014
PASSED THE SENATE AUGUST 13, 2014
PASSED THE ASSEMBLY AUGUST 27, 2014
AMENDED IN SENATE AUGUST 4, 2014
AMENDED IN SENATE JULY 1, 2014
AMENDED IN SENATE JUNE 15, 2014
AMENDED IN ASSEMBLY MAY 6, 2014
INTRODUCED BY Assembly Member Levine
(Principal coauthor: Senator Pavley)
FEBRUARY 21, 2014
An act to amend Sections 13955 and 13957 of the Government Code,
and to amend Sections 600.2 and 600.5 of the Penal Code, relating to
victim compensation, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 2264, Levine. Victim compensation: guide, signal, or service
dogs.
Existing law provides for the compensation of victims and
derivative victims of certain 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 establishes limits on the amount
of compensation the board may award, and sets forth eligibility
requirements for compensation, including, among others, that the
victim or derivative victim suffer physical injury or emotional
injury and a threat of physical injury, as specified.
Under existing law, it is an infraction or a misdemeanor for any
person to permit any dog which is owned, harbored, or controlled by
him or her to cause injury to or the death of any guide, signal, or
service dog, as defined, while the guide, signal, or service dog is
in discharge of its duties. Existing law makes any person who
intentionally causes injury to or the death of any guide, signal, or
service dog, as defined, while the dog is in discharge of its duties,
guilty of a misdemeanor. Under existing law, if a defendant is
convicted of either of these crimes, the defendant is required to
make restitution to the person with the disability who has custody or
ownership of the dog for any veterinary bills, replacement costs of
the dog, or other reasonable costs deemed appropriate by the court if
the dog is disabled or killed.
This bill would make a person with a disability whose guide,
signal, or service dog is disabled or killed due to either of the
crimes described above eligible for compensation from the Restitution
Fund, in an amount not to exceed $10,000.
By expanding the authorization for the use of moneys in the
Restitution Fund, 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 13955 of the Government Code is amended to
read:
13955. Except as provided in Section 13956, a person shall be
eligible for compensation when all of the following requirements are
met:
(a) The person for whom compensation is being sought is any of the
following:
(1) A victim.
(2) A derivative victim.
(3) (A) A person who is entitled to reimbursement for funeral,
burial, or crime scene cleanup expenses pursuant to paragraph (9) of
subdivision (a) of Section 13957.
(B) This paragraph applies without respect to any felon status of
the victim.
(b) Either of the following conditions is met:
(1) The crime occurred within this state, whether or not the
victim is a resident of the state. This paragraph shall apply only
during those time periods during which the board determines that
federal funds are available to the state for the compensation of
victims of crime.
(2) Whether or not the crime occurred within the State of
California, the victim was any of the following:
(A) A resident of the state.
(B) A member of the military stationed in California.
(C) A family member living with a member of the military stationed
in this state.
(c) If compensation is being sought for a derivative victim, the
derivative victim is a resident of this state, or resident of another
state, who is any of the following:
(1) At the time of the crime was the parent, grandparent, sibling,
spouse, child, or grandchild of the victim.
(2) At the time of the crime was living in the household of the
victim.
(3) At the time of the crime was a person who had previously lived
in the household of the victim for a period of not less than two
years in a relationship substantially similar to a relationship
listed in paragraph (1).
(4) Is another family member of the victim, including, but not
limited to, the victim's fiancé or fiancée, and who witnessed the
crime.
(5) Is the primary caretaker of a minor victim, but was not the
primary caretaker at the time of the crime.
(d) The application is timely pursuant to Section 13953.
(e) (1) Except as provided in paragraph (2), the injury or death
was a direct result of a crime.
(2) Notwithstanding paragraph (1), no act involving the operation
of a motor vehicle, aircraft, or water vehicle that results in injury
or death constitutes a crime for the purposes of this chapter,
except when the injury or death from such an act was any of the
following:
(A) Intentionally inflicted through the use of a motor vehicle,
aircraft, or water vehicle.
(B) Caused by a driver who fails to stop at the scene of an
accident in violation of Section 20001 of the Vehicle Code.
(C) Caused by a person who is under the influence of any alcoholic
beverage or drug.
(D) Caused by a driver of a motor vehicle in the immediate act of
fleeing the scene of a crime in which he or she knowingly and
willingly participated.
(E) Caused by a person who commits vehicular manslaughter in
violation of subdivision (b) of Section 191.5, subdivision (c) of
Section 192, or Section 192.5 of the Penal Code.
(F) Caused by any party where a peace officer is operating a motor
vehicle in an effort to apprehend a suspect, and the suspect is
evading, fleeing, or otherwise attempting to elude the peace officer.
(f) As a direct result of the crime, the victim or derivative
victim sustained one or more of the following:
(1) Physical injury. The board may presume a child who has been
the witness of a crime of domestic violence has sustained physical
injury. A child who resides in a home where a crime or crimes of
domestic violence have occurred may be presumed by the board to have
sustained physical injury, regardless of whether the child has
witnessed the crime.
(2) Emotional injury and a threat of physical injury.
(3) Emotional injury, where the crime was a violation of any of
the following provisions:
(A) Section 236.1, 261, 262, 271, 273a, 273d, 285, 286, 288, 288a,
288.5, or 289, or subdivision (b) or (c) of Section 311.4, of the
Penal Code.
(B) Section 270 of the Penal Code, where the emotional injury was
a result of conduct other than a failure to pay child support, and
criminal charges were filed.
(C) Section 261.5 of the Penal Code, and criminal charges were
filed.
(D) Section 278 or 278.5 of the Penal Code, where the deprivation
of custody as described in those sections has endured for 30 calendar
days or more. For purposes of this paragraph, the child, and not the
nonoffending parent or other caretaker, shall be deemed the victim.
(4) Injury to, or the death of, a guide, signal, or service dog,
as defined in Section 54.1 of the Civil Code, as a result of a
violation of Section 600.2 or 600.5 of the Penal Code.
(g) The injury or death has resulted or may result in pecuniary
loss within the scope of compensation pursuant to Sections 13957 to
13957.7, inclusive.
SEC. 2. Section 13957 of the Government Code is amended to read:
13957. (a) The board may grant for pecuniary loss, when the board
determines it will best aid the person seeking compensation, as
follows:
(1) Subject to the limitations set forth in Section 13957.2,
reimburse the amount of medical or medical-related expenses incurred
by the victim, including, but not limited to, eyeglasses, hearing
aids, dentures, or any prosthetic device taken, lost, or destroyed
during the commission of the crime, or the use of which became
necessary as a direct result of the crime.
(2) Subject to the limitations set forth in Section 13957.2,
reimburse 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 a rape crisis center as defined by Section 13837 of the
Penal Code, 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) 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 victim.
(ii) 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) 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) 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 derivative victim not eligible for reimbursement pursuant to
subparagraph (A), 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) 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) 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) The board may reimburse a victim or derivative victim for
outpatient mental health counseling in excess of that authorized by
subparagraph (A) or (B) 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) 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 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) 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.
(3) Reimburse the expenses of nonmedical remedial care and
treatment rendered in accordance with a religious method of healing
recognized by state law.
(4) Subject to the limitations set forth in Section 13957.5,
authorize compensation equal to the loss of income or loss of
support, or both, that a victim or derivative victim incurs as a
direct result of the victim's or derivative victim's injury or the
victim's death. If the victim or derivative victim requests that the
board give priority to reimbursement of loss of income or support,
the board may not pay medical expenses, or mental health counseling
expenses, except upon the request of the victim or derivative victim
or after determining that payment of these expenses will not decrease
the funds available for payment of loss of income or support.
(5) Authorize a cash payment to or on behalf of the victim for job
retraining or similar employment-oriented services.
(6) Reimburse the claimant for the expense of installing or
increasing residential security, not to exceed one thousand dollars
($1,000). Reimbursement shall be made either upon verification by law
enforcement that the security measures are necessary for the
personal safety of the claimant or verification by a mental health
treatment provider that the security measures are necessary for the
emotional well-being of the claimant. For purposes of this paragraph,
a claimant is the crime victim, or, if the victim is deceased, a
person who resided with the deceased at the time of the crime.
Installing or increasing residential security may include, but need
not be limited to, both of the following:
(A) Home security device or system.
(B) Replacing or increasing the number of locks.
(7) Reimburse the expense of renovating or retrofitting a victim's
residence or a vehicle, or both, to make the residence, the vehicle,
or both, accessible or the vehicle operational by a victim upon
verification that the expense is medically necessary for a victim who
is permanently disabled as a direct result of the crime, whether the
disability is partial or total.
(8) (A) Authorize a cash payment or reimbursement not to exceed
two thousand dollars ($2,000) to a victim for expenses incurred in
relocating, if the expenses are determined by law enforcement to be
necessary for the personal safety of the victim or by a mental health
treatment provider to be necessary for the emotional well-being of
the victim.
(B) The cash payment or reimbursement made under this paragraph
shall only be awarded to one claimant per crime giving rise to the
relocation. The board may authorize more than one relocation per
crime if necessary for the personal safety or emotional well-being of
the claimant. However, the total cash payment or reimbursement for
all relocations due to the same crime shall not exceed two thousand
dollars ($2,000). For purposes of this paragraph a claimant is the
crime victim, or, if the victim is deceased, a person who resided
with the deceased at the time of the crime.
(C) The board may, under compelling circumstances, award a second
cash payment or reimbursement to a victim for another crime if both
of the following conditions are met:
(i) The crime occurs more than three years from the date of the
crime giving rise to the initial relocation cash payment or
reimbursement.
(ii) The crime does not involve the same offender.
(D) When a relocation payment or reimbursement is provided to a
victim of sexual assault or domestic violence and the identity of the
offender is known to the victim, the victim shall agree not to
inform the offender of the location of the victim's new residence and
not to allow the offender on the premises at any time, or shall
agree to seek a restraining order against the offender.
(E) Notwithstanding subparagraphs (A) and (B), the board may
increase the cash payment or reimbursement for expenses incurred in
relocating to an amount greater than two thousand dollars ($2,000),
if the board finds this amount is appropriate due to the unusual,
dire, or exceptional circumstances of a particular claim.
(9) When a victim dies as a result of a crime, the board may
reimburse any individual who voluntarily, and without anticipation of
personal gain, pays or assumes the obligation to pay any of the
following expenses:
(A) The medical expenses incurred as a direct result of the crime
in an amount not to exceed the rates or limitations established by
the board.
(B) The funeral and burial expenses incurred as a direct result of
the crime, not to exceed seven thousand five hundred dollars
($7,500).
(10) When the crime occurs in a residence, the board may reimburse
any individual who voluntarily, and without anticipation of personal
gain, pays or assumes the obligation to pay the reasonable costs to
clean the scene of the crime in an amount not to exceed one thousand
dollars ($1,000). Services reimbursed pursuant to this subdivision
shall be performed by persons registered with the State Department of
Public Health as trauma scene waste practitioners in accordance with
Chapter 9.5 (commencing with Section 118321) of Part 14 of Division
104 of the Health and Safety Code.
(11) When the crime is a violation of Section 600.2 or 600.5 of
the Penal Code, the board may reimburse the expense of veterinary
services, replacement costs, or other reasonable expenses, as ordered
by the court pursuant to Section 600.2 or 600.5 of the Penal Code,
in an amount not to exceed ten thousand dollars ($10,000).
(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.
SEC. 3. Section 600.2 of the Penal Code is amended to read:
600.2. (a) It is a crime for any person to permit any dog which
is owned, harbored, or controlled by him or her to cause injury to or
the death of any guide, signal, or service dog, as defined by
Section 54.1 of the Civil Code, while the guide, signal, or service
dog is in discharge of its duties.
(b) A violation of this section is an infraction punishable by a
fine not to exceed two hundred fifty dollars ($250) if the injury or
death to any guide, signal, or service dog is caused by the person's
failure to exercise ordinary care in the control of his or her dog.
(c) A violation of this section is a misdemeanor if the injury or
death to any guide, signal, or service dog is caused by the person's
reckless disregard in the exercise of control over his or her dog,
under circumstances that constitute such a departure from the conduct
of a reasonable person as to be incompatible with a proper regard
for the safety and life of any guide, signal, or service dog. A
violation of this subdivision shall be punishable by imprisonment in
a county jail not exceeding one year, or by a fine of not less than
two thousand five hundred dollars ($2,500) nor more than five
thousand dollars ($5,000), or both. The court shall consider the
costs ordered pursuant to subdivision (d) when determining the amount
of any fines.
(d) In any case in which a defendant is convicted of a violation
of this section, the defendant shall be ordered to make restitution
to the person with a disability who has custody or ownership of the
guide, signal, or service dog for any veterinary bills and
replacement costs of the dog if it is disabled or killed, or other
reasonable costs deemed appropriate by the court. The costs ordered
pursuant to this subdivision shall be paid prior to any fines. The
person with the disability may apply for compensation by the
California Victim Compensation and Government Claims Board pursuant
to Chapter 5 (commencing with Section 13950) of Part 4 of Division 3
of Title 2 of the Government Code, in an amount not to exceed ten
thousand dollars ($10,000).
SEC. 4. Section 600.5 of the Penal Code is amended to read:
600.5. (a) Any person who intentionally causes injury to or the
death of any guide, signal, or service dog, as defined by Section
54.1 of the Civil Code, while the dog is in discharge of its duties,
is guilty of a misdemeanor, punishable by imprisonment in a county
jail not exceeding one year, or by a fine not exceeding ten thousand
dollars ($10,000), or by both a fine and imprisonment. The court
shall consider the costs ordered pursuant to subdivision (b) when
determining the amount of any fines.
(b) In any case in which a defendant is convicted of a violation
of this section, the defendant shall be ordered to make restitution
to the person with a disability who has custody or ownership of the
dog for any veterinary bills and replacement costs of the dog if it
is disabled or killed, or other reasonable costs deemed appropriate
by the court. The costs ordered pursuant to this subdivision shall be
paid prior to any fines. The person with the disability may apply
for compensation by the California Victim Compensation and Government
Claims Board pursuant to Chapter 5 (commencing with Section 13950)
of Part 4 of Division 3 of Title 2 of the Government Code, in an
amount not to exceed ten thousand dollars ($10,000).
