Bill Text: CA AB2685 | 2013-2014 | Regular Session | Introduced

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

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Bill Title: Crime Victim Compensation and Government Claims Board.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-09-20 - Chaptered by Secretary of State - Chapter 508, Statutes of 2014. [AB2685 Detail]

Download: California-2013-AB2685-Introduced.html

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BILL NUMBER: AB 2685	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Cooley

                        FEBRUARY 21, 2014

   An act to amend Section 13963 of the Government Code, to amend
Section 1191.15 of the Penal Code, and to amend Sections 216 and 9202
of the Probate Code, relating to crime victims.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2685, as introduced, Cooley. Crime Victim Compensation and
Government Claims Board.
   (1) 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 requires the board to be
subrogated against the perpetrator of the crime to the rights of a
recipient to the extent of any compensation granted. Existing law
authorizes a court to allow a victim, or others related to the
victim, as specified, to submit a statement to the court concerning
the crime, the person responsible, and the need for restitution.
   This bill would allow a representative of the board to provide the
probation department, district attorney, and court with information
relevant to the board's losses prior to the imposition of a sentence,
as provided.
   (2) Existing law requires that when a deceased person has an heir
who is confined in a correctional facility, the estate attorney or
other specified person give the director of the board notice of the
decedent's death within 90 days of the death and include specified
information about the incarcerated heir. Existing law requires the
general personal representative or the estate attorney of a decedent'
s estate to provide notices of the decedent's death to the director
of the board, no later than 90 days after the date letters of
administration are first issued if the representative or attorney
knows or has reason to believe that an heir is incarcerated in a
prison, jail, or other specified state or local correctional
facility.
   This bill would expand these provisions to apply to a beneficiary,
as well as an heir. This bill would prohibit a distribution from
being made from the estate to the heir or beneficiary until after a
restitution claim placed by the board has been satisfied.
   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 13963 of the Government Code is amended to
read:
   13963.  (a) The board shall be subrogated to the rights of the
recipient to the extent of any compensation granted by the board. The
subrogation rights shall be against the perpetrator of the crime or
any person liable for the losses suffered as a direct result of the
crime which was the basis for receipt of compensation, including an
insurer held liable in accordance with the provision of a policy of
insurance issued pursuant to Section 11580.2 of the Insurance Code.
   (b) The board shall also be entitled to a lien on any judgment,
award, or settlement in favor of or on behalf of the recipient for
losses suffered as a direct result of the crime that was the basis
for receipt of compensation in the amount of the compensation granted
by the board. The board may recover this amount in a separate
action, or may intervene in an action brought by or on behalf of the
recipient. If a claim is filed within one year of the date of
recovery, the board shall pay 25 percent of the amount of the
recovery that is subject to a lien on the judgment, award, or
settlement, to the recipient responsible for recovery thereof from
the perpetrator of the crime, provided that the total amount of the
lien is recovered. The remaining 75 percent of the amount, and any
amount not claimed within one year pursuant to this section, shall be
deposited in the Restitution Fund.
   (c) The board may compromise or settle and release any lien
pursuant to this chapter if it is found that the action is in the
best interest of the state or the collection would cause undue
hardship upon the recipient. Repayment obligations to the Restitution
Fund shall be enforceable as a summary judgment.
   (d) No judgment, award, or settlement in any action or claim by a
recipient, where the board has an interest, shall be satisfied
without first giving the board notice and a reasonable opportunity to
perfect and satisfy the lien. The notice shall be given to the board
in Sacramento except in cases where the board specifies that the
notice shall be given otherwise. The notice shall include the
complete terms of the award, settlement, or judgment, and the name
and address of any insurer directly or indirectly providing for the
satisfaction.
   (e) (1) If the recipient brings an action or asserts a claim for
damages against the person or persons liable for the injury or death
giving rise to an award by the board under this chapter, notice of
the institution of legal proceedings, notice of all hearings,
conferences, and proceedings, and notice of settlement shall be given
to the board in Sacramento except in cases where the board specifies
that notice shall be given to the Attorney General. Notice of the
institution of legal proceedings shall be given to the board within
30 days of filing the action. All notices shall be given by the
attorney employed to bring the action for damages or by the recipient
if no attorney is employed.
   (2) Notice shall include all of the following:
   (A) Names of all parties to the claim or action.
   (B) The address of all parties to the claim or action except for
those persons represented by attorneys and in that case the name of
the party and the name and address of the attorney.
   (C) The nature of the claim asserted or action brought.
   (D) In the case of actions before courts or administrative
agencies, the full title of the case including the identity of the
court or agency, the names of the parties, and the case or docket
number.
   (3) When the recipient or his or her attorney has reason to
believe that a person from whom damages are sought is receiving a
defense provided in whole or in part by an insurer, or is insured for
the injury caused to the recipient, notice shall include a statement
of that fact and the name and address of the insurer. Upon request
of the board, a person obligated to provide notice shall provide the
board with a copy of the current written claim or complaint.
   (f) The board shall pay the county probation department or other
county agency responsible for collection of funds owed to the
Restitution Fund under Section 13967, as operative on or before
September 28, 1994, Section 1202.4 of the Penal Code, Section 1203.04
of the Penal Code, as operative on or before August 2, 1995, or
Section 730.6 of the Welfare and Institutions Code, 10 percent of the
funds so owed and collected by the county agency and deposited in
the Restitution Fund. This payment shall be made only when the funds
are deposited in the Restitution Fund within 45 days of the end of
the month in which the funds are collected. Receiving 10 percent of
the moneys collected as being owed to the Restitution Fund shall be
considered an incentive for collection efforts and shall be used for
furthering these collection efforts. The 10-percent rebates shall be
used to augment the budgets for the county agencies responsible for
collection of funds owed to the Restitution Fund, as provided in
Section 13967, as operative on or before September 28, 1994, Section
1202.4 of the Penal Code, Section 1203.04 of the Penal Code,
operative on or before August 2, 1995, or Section 730.6 of the
Welfare and Institutions Code. The 10-percent rebates shall not be
used to supplant county funding.
   (g) In the event of judgment or award in a suit or claim against a
third party or insurer, if the action or claim is prosecuted by the
recipient alone, the court or agency shall first order paid from any
judgment or award the reasonable litigation expenses incurred in
preparation and prosecution of the action or claim, together with
reasonable attorney's fees when an attorney has been retained. After
payment of the expenses and attorney's fees, the court or agency
shall, on the application of the board, allow as a lien against the
amount of the judgment or award, the amount of the compensation
granted by the board to the recipient for losses sustained as a
result of the same incident upon which the settlement, award, or
judgment is based.
   (h) For purposes of this section, "recipient" means any person who
has received compensation or will be provided compensation pursuant
to this chapter, including the victim's guardian, conservator or
other personal representative, estate, and survivors. 
   (i) A representative of the board may provide the probation
department, district attorney, and court with information relevant to
the board's losses prior to the imposition of a sentence. 
  SEC. 2.  Section 1191.15 of the Penal Code is amended to read:
   1191.15.  (a) The court may permit the victim of any crime,
 or  his or her parent or guardian if the victim is
a minor,  or  the next of kin of the victim if the
victim has died,  or a representative of the California Victim
Compensation and Government Claims Board when enforcing its
subrogation rights,  to file with the court a written,
audiotaped, or videotaped statement, or statement stored on a CD Rom,
DVD, or any other recording medium acceptable to the court,
expressing his or her views concerning the crime, the person
responsible, and the need for restitution, in lieu of or in addition
to the person personally appearing at the time of judgment and
sentence. The court shall consider the statement filed with the court
prior to imposing judgment and sentence.
   Whenever an audio or video statement or statement stored on a CD
Rom, DVD, or other medium is filed with the court, a written
transcript of the statement shall also be provided by the person
filing the statement, and shall be made available as a public record
of the court after the judgment and sentence have been imposed.
   (b) Whenever a written, audio, or video statement or statement
stored on a CD Rom, DVD, or other medium is filed with the court, it
shall remain sealed until the time set for imposition of judgment and
sentence except that the court, the probation officer, and counsel
for the parties may view and listen to the statement not more than
two court days prior to the date set for imposition of judgment and
sentence.
   (c) No person may, and no court shall, permit any person to
duplicate, copy, or reproduce by any audio or visual means any
statement submitted to the court under the provisions of this
section.
   (d) Nothing in this section shall be construed to prohibit the
prosecutor from representing to the court the views of the victim
 or   ,  his or her parent or guardian
 or   ,  the next of kin  ,  
or the California Victim Compensation and Government Claims Board
 .
   (e) In the event the court permits an audio or video statement or
statement stored on a CD Rom, DVD, or other medium to be filed, the
court shall not be responsible for providing any equipment or
resources needed to assist the victim in preparing the statement.
  SEC. 3.  Section 216 of the Probate Code is amended to read:
   216.  When a deceased person has an heir  or beneficiary 
who is  or has ever been  confined in a prison or facility
under the jurisdiction of the Department of Corrections and
Rehabilitation, or its Division of Juvenile Facilities, or confined
in any county or city jail, road camp, industrial farm, or other
local correctional facility, the estate attorney, or if there is no
estate attorney, the beneficiary, the personal representative, or the
person in possession of property of the decedent shall give the
Director of the California Victim Compensation and Government Claims
Board notice of the decedent's death not later than 90 days after the
date of death. The notice shall be given as provided in Section 1215
and shall include all of the following:
   (a) The name, date of birth,  and  location of
incarceration  , and current address if no longer incarcerated,
 of the decedent's heir  or beneficiary  .
   (b) The heir's  or beneficiary's  CDCR number if
incarcerated  or previously incarcerated  in a Department of
Corrections and Rehabilitation facility or booking number if
incarcerated  or previously incarcerated  in a county
facility.
   (c) A copy of the decedent's death certificate.
   (d) The probate case number, and the name of the superior court
hearing the case.
  SEC. 4.  Section 9202 of the Probate Code is amended to read:
   9202.  (a) Not later than 90 days after the date letters are first
issued to a general personal representative, the general personal
representative or estate attorney shall give the Director of Health
Care Services notice of the decedent's death in the manner provided
in Section 215 if the general personal representative knows or has
reason to believe that the decedent received health care under
Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing
with Section 14200) of Part 3 of Division 9 of the Welfare and
Institutions Code, or was the surviving spouse of a person who
received that health care. The director has four months after notice
is given in which to file a claim.
   (b) Not later than 90 days after the date letters are first issued
to a general personal representative, the general personal
representative or estate attorney shall give the Director of the
California Victim Compensation and Government Claims Board notice of
the decedent's death in the manner provided in Section 216 if the
general personal representative or estate attorney knows or has
reason to believe that an heir  or beneficiary  is  or
has ever been  confined in a prison or facility under the
jurisdiction of the Department of Corrections and Rehabilitation or
confined in any county or city jail, road camp, industrial farm, or
other local correctional facility. The director of the board shall
have four months after that notice is received in which to pursue
collection of any outstanding restitution fines or orders.  A
distribution shall not be made from the estate to the heir or
beneficiary until after a restitution claim placed by the board has
been satisfied. 
   (c) (1) Not later than 90 days after the date letters are first
issued to a general personal representative, the general personal
representative or estate attorney shall give the Franchise Tax Board
notice of the administration of the estate. The notice shall be given
as provided in Section 1215.
   (2) The provisions of this subdivision shall apply to estates for
which letters are first issued on or after July 1, 2008.