Bill Text: CA AB2545 | 2013-2014 | Regular Session | Chaptered
Bill Title: Victims of crime: restitution: military sexual assault.
Sponsorship: Partisan Bill (Democrat 8)
Status: (Passed) 2014-09-20 - Chaptered by Secretary of State - Chapter 506, Statutes of 2014. [AB2545 Detail]
Download: California-2013-AB2545-Chaptered.html
BILL NUMBER: AB 2545 CHAPTERED
BILL TEXT
CHAPTER 506
FILED WITH SECRETARY OF STATE SEPTEMBER 20, 2014
APPROVED BY GOVERNOR SEPTEMBER 20, 2014
PASSED THE SENATE AUGUST 18, 2014
PASSED THE ASSEMBLY AUGUST 20, 2014
AMENDED IN SENATE JUNE 5, 2014
INTRODUCED BY Assembly Member Lowenthal
(Coauthors: Assembly Members Maienschein, Mullin, Skinner, Ting,
Wieckowski, and Williams)
(Coauthor: Senator DeSaulnier)
FEBRUARY 21, 2014
An act to amend Section 13956 of the Government Code, relating to
crime victims, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 2545, Lowenthal. Victims of crime: restitution: military sexual
assault.
Existing law authorizes 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 requires the board to deny an
application if the board finds that the victim or derivative victim
failed to cooperate reasonably with a law enforcement agency in the
apprehension and conviction of a criminal committing the crime.
However, existing law specifies that an application for compensation
cannot be denied pursuant to that provision solely on the basis of
specified behavior by the victim, such as failure to make a police
report.
This bill would prohibit denial of an application for compensation
under the above circumstances with respect to a claim based on
sexual assault, as defined, committed by military personnel against
military personnel, solely because the sexual assault was not
reported to a superior officer or law enforcement at the time of the
crime. The bill would set forth types of evidence of sexual assault
the board would be required to consider in these cases, for purposes
of determining if a claim qualifies for compensation. The bill would
require both the perpetrator, as defined, and the victim to be active
duty military personnel at the time the sexual assault occurred for
these provisions to apply.
By expanding the authorization for the use of moneys in the
continuously appropriated Restitution Fund, this bill would make an
appropriation.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 13956 of the Government Code is amended to
read:
13956. Notwithstanding Section 13955, a person shall not be
eligible for compensation under the following conditions:
(a) An application shall be denied if the board finds that the
victim or, if compensation is sought by or on behalf of a derivative
victim, either the victim or derivative victim, knowingly and
willingly participated in the commission of the crime that resulted
in the pecuniary loss for which compensation is being sought pursuant
to this chapter. However, this subdivision shall not apply if the
injury or death occurred as a direct result of a crime committed in
violation of Section 261, 262, or 273.5 of, or a crime of unlawful
sexual intercourse with a minor committed in violation of subdivision
(d) of Section 261.5 of, the Penal Code.
(b) (1) An application shall be denied if the board finds that the
victim or, if compensation is sought by, or on behalf of, a
derivative victim, either the victim or derivative victim failed to
cooperate reasonably with a law enforcement agency in the
apprehension and conviction of a criminal committing the crime.
However, in determining whether cooperation has been reasonable, the
board shall consider the victim's or derivative victim's age,
physical condition, and psychological state, cultural or linguistic
barriers, any compelling health and safety concerns, including, but
not limited to, a reasonable fear of retaliation or harm that would
jeopardize the well-being of the victim or the victim's family or the
derivative victim or the derivative victim's family, and giving due
consideration to the degree of cooperation of which the victim or
derivative victim is capable in light of the presence of any of these
factors.
(2) An application for a claim based on domestic violence shall
not be denied solely because no police report was made by the victim.
The board shall adopt guidelines that allow the board to consider
and approve applications for assistance based on domestic violence
relying upon evidence other than a police report to establish that a
domestic violence crime has occurred. Factors evidencing that a
domestic violence crime has occurred may include, but are not limited
to, medical records documenting injuries consistent with allegations
of domestic violence, mental health records, or the fact that the
victim has obtained a temporary or permanent restraining order, or
all of these.
(3) An application for a claim based on human trafficking as
defined in Section 236.1 of the Penal Code shall not be denied solely
because no police report was made by the victim. The board shall
adopt guidelines that allow the board to consider and approve
applications for assistance based on human trafficking relying upon
evidence other than a police report to establish that a human
trafficking crime as defined in Section 236.1 of the Penal Code has
occurred. That evidence may include any reliable corroborating
information approved by the board, including, but not limited to, the
following:
(A) A Law Enforcement Agency Endorsement issued pursuant to
Section 236.2 of the Penal Code.
(B) A human trafficking caseworker as identified in Section 1038.2
of the Evidence Code, has attested by affidavit that the individual
was a victim of human trafficking.
(4) (A) An application for a claim by a military personnel victim
based on a sexual assault by another military personnel shall not be
denied solely because it was not reported to a superior officer or
law enforcement at the time of the crime.
(B) Factors that the board shall consider for purposes of
determining if a claim qualifies for compensation include, but are
not limited to, the evidence of the following:
(i) Restricted or unrestricted reports to a military victim
advocate, sexual assault response coordinator, chaplain, attorney, or
other military personnel.
(ii) Medical or physical evidence consistent with sexual assault.
(iii) A written or oral report from military law enforcement or a
civilian law enforcement agency concluding that a sexual assault
crime was committed against the victim.
(iv) A letter or other written statement from a sexual assault
counselor, as defined in Section 1035.2 of the Evidence Code,
licensed therapist, or mental health counselor, stating that the
victim is seeking services related to the allegation of sexual
assault.
(v) A credible witness to whom the victim disclosed the details
that a sexual assault crime occurred.
(vi) A restraining order from a military or civilian court against
the perpetrator of the sexual assault.
(vii) Other behavior by the victim consistent with sexual assault.
(C) For purposes of this subdivision, the sexual assault at issue
shall have occurred during military service, including deployment.
(D) For purposes of this subdivision, the sexual assault may have
been committed offbase.
(E) For purposes of this subdivision, a "perpetrator" means an
individual who is any of the following at the time of the sexual
assault:
(i) An active duty military personnel from the United States Army,
Navy, Marine Corps, Air Force, or Coast Guard.
(ii) A civilian employee of any military branch specified in
clause (i), military base, or military deployment.
(iii) A contractor or agent of a private military or private
security company.
(iv) A member of the California National Guard.
(F) For purposes of this subdivision, "sexual assault" means an
offense included in Section 261, 262, 264.1, 286, 288a, or 289 of the
Penal Code, as of the date the act that added this paragraph was
enacted.
(c) An application for compensation may be denied, in whole or in
part, if the board finds that denial is appropriate because of the
nature of the victim's or other applicant's involvement in the events
leading to the crime or the involvement of the persons whose injury
or death gives rise to the application. In the case of a minor, the
board shall consider the minor's age, physical condition, and
psychological state, as well as any compelling health and safety
concerns, in determining whether the minor's application should be
denied pursuant to this section. The application of a derivative
victim of domestic violence under the age of 18 years of age or a
derivative victim of trafficking under 18 years of age may not be
denied on the basis of the denial of the victim's application under
this subdivision.
(d) (1) Notwithstanding Section 13955, no person who is convicted
of a felony may be granted compensation until that person has been
discharged from probation or has been released from a correctional
institution and has been discharged from parole, if any. In no case
shall compensation be granted to an applicant pursuant to this
chapter during any period of time the applicant is held in a
correctional institution.
(2) A person who has been convicted of a felony may apply for
compensation pursuant to this chapter at any time, but the award of
that compensation may not be considered until the applicant meets the
requirements for compensation set forth in paragraph (1).
(3) Applications of victims who are not felons shall receive
priority in the award of compensation over an application submitted
by a felon who has met the requirements for compensation set forth in
paragraph (1).
