Bill Text: CA SB1324 | 2015-2016 | Regular Session | Chaptered
Bill Title: Crime victims: compensation for pecuniary loss.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2016-09-27 - Chaptered by Secretary of State. Chapter 730, Statutes of 2016. [SB1324 Detail]
Download: California-2015-SB1324-Chaptered.html
BILL NUMBER: SB 1324 CHAPTERED
BILL TEXT
CHAPTER 730
FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2016
APPROVED BY GOVERNOR SEPTEMBER 27, 2016
PASSED THE SENATE AUGUST 29, 2016
PASSED THE ASSEMBLY AUGUST 22, 2016
AMENDED IN ASSEMBLY AUGUST 18, 2016
AMENDED IN SENATE MARCH 28, 2016
INTRODUCED BY Senator Hancock
(Principal coauthor: Assembly Member Bonta)
FEBRUARY 19, 2016
An act to amend Section 13957.9 of the Government Code, relating
to crime victims, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 1324, Hancock. Crime victims: compensation for pecuniary loss.
Existing law generally provides for the reimbursement of victims
and derivative victims of specified types of crimes by the California
Victim Compensation Board from the Restitution Fund, a continuously
appropriated fund, for specified losses suffered as a result of those
crimes. Existing law, until January 1, 2017, authorizes the board to
grant from the fund for pecuniary losses, when the board determines
it will best aid the person seeking compensation, reimbursement for
outpatient psychiatric, psychological, or other mental health
counseling-related expenses incurred by the victim or derivative
victim, as specified. Existing law sets forth eligibility
requirements and limits on the amount of compensation the board may
award, and requires the application for compensation to be verified
under penalty of perjury.
This bill would extend the board's authority to grant
reimbursement for those outpatient psychiatric, psychological, or
other mental health counseling-related expenses until January 1,
2019. By expanding the authorization for the use of moneys in the
Restitution Fund, a continuously appropriated fund, this bill would
make an appropriation. Because an application for reimbursement is
required to be submitted under penalty of perjury, this bill would
expand the definition of a crime and thus impose a state-mandated
local program.
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.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 13957.9 of the Government Code is amended to
read:
13957.9. (a) In addition to the authorization provided in
Section 13957 and subject to the limitations set forth in Section
13957.2, the board may grant for pecuniary loss, when the board
determines it will best aid the person seeking compensation,
reimbursement of 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 violence peer counseling services provided by a service
organization for victims of violent crime, 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:
(1) 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):
(A) A victim.
(B) 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.
(C) 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.
(2) 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):
(A) A derivative victim not eligible for reimbursement pursuant to
paragraph (1), 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.
(B) 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.
(C) 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.
(3) The board may reimburse a victim or derivative victim for
outpatient mental health counseling in excess of that authorized by
paragraph (1) or (2) 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.
(4) 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:
(A) 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.
(B) 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.
(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.
(c) For the purposes of this section, the following definitions
shall apply:
(1) "Service organization for victims of violent crime" means a
nonprofit and charitable organization that meets both of the
following criteria:
(A) Its primary mission is to provide services to victims of
violent crime.
(B) It provides programs or services to victims of violent crime
and their families, and other programs, whether or not a similar
program exists in an agency that provides additional services.
(2) "Violence peer counseling services" means counseling by a
violence peer counselor for the purpose of rendering advice or
assistance for victims of violent crime and their families. Any
violence peer counseling services that fall under the scope of
practice of the Licensed Marriage and Family Therapist Act (Chapter
13 (commencing with Section 4980) of Division 2 of the Business and
Professions Code), the Educational Psychologist Practice Act (Chapter
13.5 (commencing with Section 4989.10) of Division 2 of the Business
and Professions Code), the Clinical Social Worker Practice Act
(Chapter 14 (commencing with Section 4991) of Division 2 of the
Business and Professions Code), and the Licensed Professional
Clinical Counselor Act (Chapter 16 (commencing with Section 4999.10)
of Division 2 of the Business and Professions Code), which are not
performed in an exempt setting as defined in Sections 4980.01,
4996.14, and 4999.22 of the Business and Professions Code, shall only
be performed by a licensee or a registrant of the Board of
Behavioral Sciences or other appropriately licensed professional,
such as a licensed psychologist or board certified psychiatrist.
(3) "Violence peer counselor" means a provider of supportive and
nonpsychotherapeutic peer counseling services who is employed by a
service organization for victims of violent crime, whether
financially compensated or not, and who meets all of the following
requirements:
(A) Possesses at least six months of full-time equivalent
experience in providing peer support services acquired through
employment, volunteer work, or as part of an internship experience.
(B) Completed a training program aimed at preparing an individual
who was once a mental health services consumer to use his or her life
experience with mental health treatment, combined with other
strengths and skills, to promote the mental health recovery of other
mental health services consumers who are in need of peer-based
services relating to recovery as a victim of a violent crime.
(C) Possesses 40 hours of training on all of the following:
(i) The profound neurological, biological, psychological, and
social effects of trauma and violence.
(ii) Peace-building and violence prevention strategies, including,
but not limited to, conflict mediation and retaliation prevention
related to gangs and gang-related violence.
(iii) Post-traumatic stress disorder and vicarious trauma,
especially as related to gangs and gang-related violence.
(iv) Case management practices, including, but not limited to,
ethics and victim compensation advocacy.
(D) When providing violence peer counseling services, is
supervised by a marriage and family therapist licensed pursuant to
Chapter 13 (commencing with Section 4980) of Division 2 of the
Business and Professions Code, a licensed educational psychologist
licensed pursuant to Chapter 13.5 (commencing with Section 4989.10)
of Division 2 of the Business and Professions Code, a clinical social
worker licensed pursuant to Chapter 14 (commencing with Section
4991) of Division 2 of the Business and Professions Code, or a
licensed professional clinical counselor licensed pursuant to Chapter
16 (commencing with Section 4999.10) of Division 2 of the Business
and Professions Code. For the purposes of this subparagraph, a
licensed marriage and family therapist, licensed educational
psychologist, licensed clinical social worker, or licensed
professional clinical counselor shall be employed by the same service
organization as the violence peer counselor.
(d) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
