Bill Text: CA SB705 | 2019-2020 | Regular Session | Introduced
Bill Title: Victim’s compensation records: discovery.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2020-02-03 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB705 Detail]
Download: California-2019-SB705-Introduced.html
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
| Senate Bill | No. 705 |
| Introduced by Senator Galgiani |
February 22, 2019 |
An act to add Section 13967 to the Government Code, relating to victim’s compensation.
LEGISLATIVE COUNSEL'S DIGEST
SB 705, as introduced, Galgiani.
Victim’s compensation records: discovery.
Existing law provides for the compensation of victims and derivative victims of specified crimes by the California Victim Compensation Board for specified losses suffered as a result of those crimes. Existing law requires an application for compensation to be filed with the board in a manner determined by the board. Existing law authorizes the board to require the submission of additional information supporting the application that is reasonably necessary to verify the application and determine eligibility for compensation. Existing law requires the board to keep this verification information confidential.
This bill would, in a criminal matter in which discovery or disclosure is sought of victim or derivative victim records submitted to the board, or information from those records, require the party seeking discovery or disclosure to file a motion
with the appropriate court upon written notice to the board, as specified. The bill would require the motion to include specified information, including an identification of the proceeding in which discovery or disclosure is sought. The bill would require the board to submit to the court copies of the records redacted to protect the privacy and safety of the victim or any legal privilege, along with a statement made under penalty of perjury by the custodian of records that the records include everything in the board’s possession. By expanding the crime of perjury, this bill would create a state-mandated local program. The bill would require the court to examine the records in chambers out of the presence and hearing of all persons, as specified, and, upon a finding of materiality, to permit disclosure and discovery of the records along with an order that the records disclosed or discovered may not be used for any purpose other than a court proceeding in the criminal matter for which the records were
sought.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 13967 is added to the Government Code, to read:13967.
(a) In a criminal matter in which discovery or disclosure is sought of victim or derivative victim records submitted to the California Victim Compensation Board pursuant to Chapter 5 (commencing with Section 13950), or information from those records, the party seeking discovery or disclosure shall file a written motion with the appropriate court upon written notice to the board. The written notice shall be given at the times prescribed by subdivision (b) of Section 1005 of the Code of Civil Procedure. Upon receipt of the notice, the board shall immediately notify the individual whose records are sought.(b) The motion shall include all of the following:
(1) Identification of the
proceeding in which discovery or disclosure is sought, the party seeking discovery or disclosure, the victim or derivative victim whose records are sought, and the time and place at which the motion for discovery or disclosure shall be heard.
(2) A description of the type of records or information sought.
(3) Affidavits showing good cause for the discovery or disclosure sought, setting forth the materiality thereof to the subject matter involved in the pending criminal matter and stating upon reasonable belief that the board has the records or information from the records.
(c) Notwithstanding paragraph (2) of subdivision (d) of Section 13954, the board shall submit to the court certified copies of the records redacted to protect the privacy and safety of the victim or any legal privilege, together with a statement
made under penalty of perjury by the custodian of records that the records include everything in the board’s possession.
(d) The court shall examine the certified records in chambers out of the presence and hearing of all persons to determine materiality to the subject matter involved in the pending criminal matter.
(e) Upon a finding of materiality, the court shall permit disclosure and discovery of the records, and issue an order that the records disclosed or discovered may not be used for any purpose other than a court proceeding in the criminal matter for which the records were sought.
