LaShae Sharp-Collins

Existing law generally provides for the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation Board from the Restitution Fund, which is continuously appropriated to the California Victim Compensation Board. Existing law defines terms for the purpose of determining the eligibility of victims of crime for compensation from the Restitution Fund.

This bill would make changes to the definition of "derivative victim" and "victim" and would define "victim of violent crime advocate" for purposes of these provisions.

Existing law requires an application for compensation to be filed with the board in a manner determined by the board, authorizes the board to require submission of additional information, and requires the board to communicate any determination made with respect to the adequacy of the information received from the applicant, as specified. Existing law also requires the board to verify information with various entities, including hospitals and law enforcement officials, as specified. Existing law also creates a process for the board's verification of information, including by requiring the applicant to cooperate with the board, as specified.

This bill would authorize the board to verify information, but not require the board to do so, and would prohibit the board from seeking or requiring additional information solely to verify that the qualifying crime occurred if the board has already received a valid form of verification, as specified. The bill would also change the verification procedure in various ways. The bill would also require the board to accept certain information as evidence to verify that a qualifying crime occurred and that the injury or death on which the claim is based is a result of the qualifying crime, as specified.

Existing law authorizes the board to deny an application based on the nature of the victim's or other applicant's involvement in the events leading up to the crime, as specified, and requires the board to deny an application for compensation if it 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. Existing law also prohibits a person who is convicted of a violent felony to receive compensation, as specified.

This bill would delete those provisions. By expanding the pool of persons eligible to receive moneys from a continuously appropriated fund, the bill would make an appropriation.

Existing law authorizes to board to take certain actions in authorizing compensation for loss of income and support pursuant to specified law, including authorization to compensate an adult derivative victim for loss of income if certain conditions are satisfied and to compensate a victim who is a minor at the time of the crime, as specified. Existing law prohibits the amount payable to derivative victims pursuant to these provisions from exceeding $100,000.

This bill would change some of the conditions that must be satisfied for compensating an adult derivative victim for loss of income, and remove the authorization to compensate a victim who is a minor at the time of the crime. The bill would reduce the cap on the amount payable to derivative victims pursuant to these provisions to $70,000.