Victim compensation.
What changed between versions
The bill's scope expanded from a single technical amendment to Penal Code Section 11006 to a comprehensive rewrite of Government Code Sections 13951, 13954, 13956, and 13957.5 governing the California Victim Compensation Board.
Deleted the provision allowing the board to deny an application based on the nature of the victim's or applicant's involvement in the events leading up to the crime (former Section 13956(a)).
Deleted the provision requiring the board to deny an application if it finds the victim or derivative victim failed to cooperate reasonably with law enforcement in the apprehension and conviction of a criminal (former Section 13956(b)).
Added a list of acceptable alternative evidence to establish that a qualifying crime occurred, including medical records, signed statements from victim of violent crime advocates, permanent restraining orders, statements from licensed medical professionals, and police reports. The board must accept any one of these without limitation.
Added specific protections stating that applications for domestic violence, sexual assault, human trafficking, and military sexual assault claims shall not be denied solely because a police report was not made by the victim.
Expanded who qualifies for loss of income compensation when a victim is hospitalized: now includes the spouse and other derivative victims if no parent or legal guardian is present, not just parents and legal guardians of minor victims.
Expanded death-related loss of income compensation to include spouses, household members, and legal guardians (not limited to parents of minor victims). Qualifying derivative victims get up to 30 days within 90 days of death; other derivative victims get up to 7 days within 90 days.
Changed the violent felony conviction bar: a person convicted of a listed violent felony may now apply for compensation at any time, but the award cannot be considered until they meet release requirements. Added that compensation shall not be granted while an applicant is required to register as a sex offender.
Changed verification from mandatory to discretionary: the board 'may' verify information rather than 'shall.' Also prohibited the board from seeking additional information solely to verify a crime occurred if it already has valid verification, and from soliciting information from law enforcement if the crime was not reported or if the victim provided alternative verification.
Added a 10-business-day deadline for third parties to return verification information to the board, and required that verification be provided at no cost to the applicant, the board, or victim centers.
Reduced the cap on total amount payable to all derivative victims for one crime from $100,000 to $70,000 (Section 13957.5(b)).
Changed the definition of 'derivative victim' by removing the requirement that the person 'did not commit the crime that caused the victim's injury or death.' Added a new definition for 'victim of violent crime advocate' referencing Civil Code Section 1946.7(h).
Changed the vote threshold from majority to two-thirds majority, and changed the appropriation designation from 'no' to 'yes,' indicating the bill now makes an appropriation from the continuously appropriated Restitution Fund.