Bill Text: CA SB847 | 2013-2014 | Regular Session | Amended
Bill Title: Crime victim compensation: financial elder or dependent adult abuse.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-05-23 - Held in committee and under submission. [SB847 Detail]
Download: California-2013-SB847-Amended.html
BILL NUMBER: SB 847 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 24, 2014
INTRODUCED BY Senator Block
JANUARY 9, 2014
An act to amend Sections 13955, 13956, and 13957 of the Government
Code, relating to crime victims, and making an appropriation
therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 847, as amended, Block. Crime victim compensation: financial
elder or dependent adult abuse.
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 sets forth eligibility
requirements and specified limits on the amount of compensation the
board may award.
This bill would include victims of financial elder or dependent
adult abuse within the definition of crimes that are eligible for
compensation under these provisions, as specified, and provide
reimbursement for financial counseling, as specified, for those
victims. The bill would make a derivative victim ineligible for
compensation if the only crime the victim suffered was financial
elder or dependent adult abuse. The bill would also provide related
legislative findings and declarations.
By expanding the authorization for the use of moneys in the
Restitution Fund, a continuously appropriated fund, this bill would
make an appropriation.
Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) California has the highest number of older adults compared to
any other state in the nation, with 4.2 million individuals over 65
years of age counted in the 2010 census.
(b) Elderly and dependent adults are seen as easy targets by
financial predators who take advantage of their victims' loneliness,
isolation, and vulnerability. This population often falls victim to
scams such as foreign lotteries, the sale of costly and ineffective
annuities, identity theft, reverse mortgage scams, and fraudulent
home repairs.
(c) A 1998 study reported in the Journal of the American Medical
Association found that an elder victimized by financial abuse has a
decreased projected lifespan when compared to elders who have not
suffered that exploitation.
(d) The State Department of Social Services reports that as many
as 1,600 reports of elder and dependent adult financial abuse are
under investigation per month by Adult Protective Services offices
statewide.
(e) The California Victims of Crime Program does not serve this
population even though federal law allows Victims of Crime Act funds
to be used to assist victims of financial crimes. Federal guidelines
identify elders and dependent adults as being underserved in this
area.
(f) Many states already provide assistance to victims of financial
crimes, including Colorado, Florida, Idaho, New Jersey, New York,
Oklahoma, Pennsylvania, Vermont, and Wyoming.
SEC. 2. 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.
(E) Subdivision (d) or (e) of Section 368 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. 3. 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, where 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, where 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 may 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 may 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 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
endorsement issued pursuant to Section 236.2
236.5 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.
(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).
(e) A derivative victim shall not be eligible for compensation if
the only crime the victim suffered is elder or dependent adult abuse
described in subdivision (d) or (e) of Section 368 of the Penal Code.
SEC. 4. 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) Reimburse the expense of financial counseling for a victim of
a crime described in subdivision (d) or (e) of Section 368 of the
Penal Code as follows:
(A) The cost of financial counseling in an amount not to exceed
two one thousand dollars
($2,000). ($1,000).
(B) A victim who receives both mental health counseling and
financial counseling under this section may be reimbursed in an
amount not to exceed a combined total of ten
two thousand dollars ($10,000) ($2,000)
with a maximum of two one
thousand dollars ($2,000) ($1,000)
apportioned for financial counseling.
(C) Reimbursable financial counseling expenses shall be provided
by a certified financial counselor or adviser providing services that
may include analysis of a victim's financial situation, including
income-producing capacity and crime-related financial obligations,
assistance with restructuring budget and debt, assistance in
accessing insurance, public assistance, and other benefits, and
assistance in completing the financial aspects of victim impact
statements.
(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.
