Bill Text: CA AB1563 | 2015-2016 | Regular Session | Amended

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

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Bill Title: Victim's compensation: claims: appeal.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2016-08-17 - Chaptered by Secretary of State - Chapter 121, Statutes of 2016. [AB1563 Detail]

Download: California-2015-AB1563-Amended.html

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BILL NUMBER: AB 1563	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 24, 2016

INTRODUCED BY   Assembly Member Rodriguez

                        JANUARY 4, 2016

   An act to amend Section 13959 of the Government Code, relating to
victim's compensation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1563, as amended, Rodriguez. Victim's compensation: claims:
appeal.
    Existing law generally provides for the compensation of victims
and derivative victims of specified types of crimes by the California
Victim Compensation and Government Claims Board and requires the
board to grant a hearing to an applicant who contests a staff
recommendation to deny compensation in whole or part. Existing law
requires decisions of the board to be made in writing.
   This bill would require decisions of the board to be made within 6
months of the date the board received the  application
  appeal  unless the board determines that there
was insufficient information to make a decision. The bill
additionally would require the board to notify the applicant in
writing, within 6 months of the date the board received the 
application,   appeal,  if the board determines
that there was insufficient information to make a decision.  The
bill would also make various conforming changes in this regard. 

   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 13959 of the Government Code is amended to
read:
   13959.  (a) The board shall grant a hearing to an applicant who
contests a staff recommendation to deny compensation in whole or in
part.
   (b) The board shall notify the applicant not less than 10 days
prior to the date of the hearing. Notwithstanding Section 11123, if
the  application   appeal  that the board
is considering involves either a crime against a minor, a crime of
sexual assault, or a crime of domestic violence, the board may
exclude from the hearing all persons other than board members and
members of its staff, the applicant for benefits, a minor applicant's
parents or guardians, the applicant's representative, witnesses, and
other persons of the applicant's choice to provide assistance to the
applicant during the hearing. However, the board shall not exclude
persons from the hearing if the applicant or applicant's
representative requests that the hearing be open to the public.
   (c) At the hearing, the person seeking compensation shall have the
burden of establishing, by a preponderance of the evidence, the
elements for eligibility under Section 13955.
   (d) Except as otherwise provided by law, in making determinations
of eligibility for compensation and in deciding upon the amount of
compensation, the board shall apply the law in effect as of the date
an application was submitted.
   (e) (1) The hearing shall be informal and need not be conducted
according to the technical rules relating to evidence and witnesses.
The board may rely on any relevant evidence if it is the sort of
evidence on which responsible persons are accustomed to rely in the
conduct of serious affairs, regardless of the existence of a common
law or statutory rule that might make improper the admission of the
evidence over objection in a civil action. The board may rely on
written reports prepared for the board, or other information
received, from public agencies responsible for investigating the
crime. If the applicant or the applicant's representative chooses not
to appear at the hearing, the board may act solely upon the
application for compensation, the staff's report, and other evidence
that appears in the record.
   (2) The board shall allow a service animal to accompany and
support a witness while testifying at a hearing.
   (f) Hearings shall be held in various locations with the frequency
necessary to provide for the speedy adjudication of the 
applications.   appeals.  If the applicant's
presence is required at the hearing, the board shall schedule the
applicant's hearing in as convenient a location as possible or
conduct the hearing by telephone.
   (g) The board may delegate the hearing of  applications
  appeals  to hearing officers.
   (h) The decisions of the board shall be in writing within six
months of the date the board received the  application
  appeal  unless the board determines that there
was insufficient information to make a decision. If the board
determines that there was insufficient information to make a
decision, the board shall notify the applicant in writing within six
months of the date the board received the  application.
  appeal.  Copies of the decisions shall be
delivered to the applicant or to his or her representative personally
or sent to him or her by mail.
   (i) The board may order a reconsideration of all or part of a
decision on written request of the applicant. The board shall not
grant more than one request for reconsideration with respect to any
one decision on an  application   appeal 
for compensation. The board shall not consider any request for
reconsideration filed with the board more than 30 calendar days after
the personal delivery or 60 calendar days after the mailing of the
original decision.
   (j) The board may order a reconsideration of all or part of a
decision on its own motion, at its discretion, at any time.
   (k) Evidence submitted after the board has denied a request for
reconsideration shall not be considered unless the board chooses to
reconsider its decision on its own motion.