2004 Legislation

2004 LEGISLATION SPONSORED BY THE VICTIM COMPENSATION AND GOVERNMENT CLAIMS BOARD (BOARD)

• AB 283 (Campbell), Chapter 3, Statutes of 2004
  Appropriates $2,017,905.90 from various specified funds to the Executive Officer of the California Victim Compensation and Government Claims Board to pay claims accepted by the Board. One of the Board's two annual claims bills that was carried over from 2003.
• AB 1760 (Jackson)
  Changes the manner in which fees may be paid to attorneys who assist crime victims, and the amount payable of those fees. Specifies that an attorney receiving fees from another source waives any right to receive fees under these provisions. (Failed passage)
• AB 3118 (Chu), Chapter 475, Statutes of 2004
  Appropriates $1,124,963.40 from various funds to the Executive Officer of the California Victim Compensation and Government Claims Board to pay claims accepted by the Board. Also appropriates $168,744.19, comprised of a 15% surcharge on the amount of each claim, to pay for the Board's administrative costs of processing these claims. One of the Board's two annual claims bills in 2004.
• SB 631 (McPherson), Chapter 223, Statutes of 2004
  Requires a defendant who has an unpaid balance on a restitution order or fine 120 days prior to the time of his or her release from probation or the conclusion of his or her conditional sentence to prepare and file a signed financial disclosure statement with a court clerk not later than 90 days prior to release. Imposes penalties for false material statements on this disclosure. Requires that this disclosure statement be made available to the victim and to the VCGCB. Requires the court clerk to notify VCGCB of a restitution order. Requires a probation revocation restitution fine to be assessed at the time of sentencing and provides that fine shall only become effective at the time of probation revocation. Permits the Director of the State Department of Corrections to deduct moneys from a ward that was transferred from the State Department of Youth Authority to DOC and who had a fine assessed against him or her. Clarifies that the Secretary of the State and Consumer Services Agency is the chair of VCGCB.
• SB 753 (Alpert), Chapter 39, Statutes of 2004
  Appropriates $1,203,446.06 from various funds to the Executive Officer of the California Victim Compensation and Government Claims Board to pay claims accepted by the Board. One of the Board's two annual claims bills in 2004.

2004 LEGISLATION AFFECTING THE BOARD

• AB 486 (Parra)
  Increases prison terms and fines for driving with a suspended or revoked license for violations of restrictions imposed by DUI convictions. (Failed passage)
• AB 727 (Leslie)
  Requires every person convicted of specified sexual offenses to pay an additional fine of $500 to help pay for the costs of medical examinations of sexual assault victims. (Failed passage)
• AB 912 (Reyes)
  Decreases the maximum amount from 50 percent to 20 percent that CDC can deduct from prisoners' wages and trust accounts for outstanding restitution fines imposed on a prisoner. (Failed passage)
• AB 992 (Ridley-Thomas)
  Imposes a 10-cent fee on every piece of ammunition, which would be deposited in the Firearm Victims Reimbursement Fund (created by this bill), to be used to pay firearm-injury victims for uncompensated pecuniary losses and requires the Board to administer the fund in a similar manner and for similar purposes as the Board administers the Restitution Fund except that it shall not be limited to victims of crime. (Failed passage)
• AB 1026 (Levine)
  Lowers the blood-alcohol level from 0.2 percent to 0.15 percent that may be used to justify sentence enhancement for specified DUI convictions and requires the court to double the fines for specified DUI offenses if the defendant had a blood-alcohol level of 0.15 percent or higher. (Failed passage)
• AB 1346 (Bermudez)
  Requires the court to maintain a law enforcement report as confidential. If the report is released to the public, this bill requires that specified information be redacted before its release. (Failed passage)
• AB 1827 (Cohn), Chapter 576, Statutes 2004
  Permits a state body or the legislative body of a local agency subject to open meeting laws to hold a closed session to consider its response to a confidential final draft audit report from the Bureau of State Audits, unless the report has been publicly released or is exempted from that requirement by some other provision of law.
• AB 1933 (Pacheco), Chapter 937, Statutes 2004
  Provides that address information acquired under the California Public Records Act may not be used directly or indirectly, or furnished to another, to sell a product or service. Also applies to information contained in police reports and court documents.
• AB 2010 (Hancock), Chapter 830, Statutes 2004
  Authorizes the Boards of Supervisors of Alameda and Solano Counties to increase fees on marriage licenses and death certificates, in the amount of $2 until January 1, 2010 for the purpose of funding local domestic violence programs. Requires each board, by July 1, 2009, to submit to the Assembly and Senate Judiciary Committees a report on funds received and expended in connection with the fee increases and the outcome of activities associated with the act.
• AB 2294 (Wolk)
  Provides that each county may establish multidisciplinary teams or centers to coordinate the activities of various agencies involved in the investigation and prosecution of alleged child abuse. Provides that a county may submit claims to the VCGCB for the recovery of costs associated with the provision of child victim forensic evidentiary interviews conducted by multidisciplinary teams or centers. Provides that, in order to qualify for state funding, each county with a multidisciplinary team or center adopt a written protocol and develop an interagency protocol agreement. (Failed Passage)
• AB 2486 (Mountjoy)
  Prohibits the court from granting custody of, or unsupervised visitation with, a child to a parent if the child has been authorized to receive benefits from the VCGCB for the crime of child sexual abuse, incest, or child molestation, and the child has identified that parent as the perpetrator of the crime. Permits the modification of a custody or visitation order if the child receives specified counseling and that parent completes a sexual offender treatment program. (Failed Passage)
• AJR 55 (Reyes), Chapter 136, Statutes 2004
  Memorializes Congress to pass, and the President to sign, the Violence Against Children Act of 2003, which would toughen federal criminal penalties for crimes against children, provide assistance to local police and prosecutors to combat crimes against children, provide emergency medical treatment and counseling to child victims and their families, and establish a National Amber Alert System.
• SB 58 (Johnson), Chapter 507, Statutes of 2004
  Requires the district attorney and the courts in each county to establish a mutually agreeable procedure to protect confidential personal information regarding any witness or victim contained in a police report, arrest report, or investigative report that is submitted to a court by a prosecutor in support of a criminal complaint, indictment, or information, or by a prosecutor or law enforcement officer in support of a search warrant or an arrest warrant.
• SB 161 (Knight)
  Increases fines and prevents plea bargaining for the crime of intentionally fleeing or evading a pursuing police officer's vehicle or bicycle while driving recklessly or dangerously, and makes this crime exclusively a felony. (Failed passage)
• SB 246 (Escutia), Chapter 380, Statutes of 2004
  Upon approval by the Judicial Council, a court, city, county, city and county, or other public agency may collect specified payments by credit card. This bill would further authorize those entities to collect those payments by debit card or electronic funds transfer.
• SB 635 (Dunn), Chapter 524, Statutes of 2004
  Authorizes, until January 1, 2007, Santa Barbara County to collect additional penalties, fines, or forfeitures, and to modify the percentage distribution of the fund to the various medical care providers, provided that the Santa Barbara County Board of Supervisors adopts a resolution stating that implementation of these provisions is necessary to the county for purposes of providing payment for emergency medical services.
• SB 848 (Karnette)
  Authorizes the City of Long Beach to establish a program for bicycle and pedestrian safety by doubling or increasing the fines for vehicle infractions if committed in specially posted school zones. (Failed passage)
• SB 890 (Johnson)
  Requires 85 percent of any judgment obtained in a civil action brought by a plaintiff who has not suffered a distinct and palpable injury as a result of unfair business acts/practices be deposited into the Restitution Fund. (Failed passage)
• SB 914 (Brown), Chapter 840, Statutes of 2004
  States the intent of the Legislature that victims' services programs that were administered by the Office of Criminal Justice Planning be temporarily redirected to the Office of Emergency Services, and that certain programs involving domestic violence and sexual assault be permanently consolidated in one office, branch, or department. Revises the administration of certain grant programs relating to victims of domestic violence and sex offenses as collaboratively administered by the Office of Emergency Services and specified advisory committees.
• SB 1102 (Committee on Budget and Fiscal Review), Chapter 227, Statutes 2004
  Budget trailer bill. Authorizes the Board to charge claimants a filing fee of $25 for each claim filed against the state, to be refunded for approved claims, and to assess to state agencies that pay approved claims a surcharge of no more than 15 percent of the approved claims.
• SB 1441 (Kuehl), Chapter 159, Statutes 2004
  Provides that a victim of domestic violence or abuse has the right to have a domestic violence counselor and a support person present at any interview by law enforcement authorities, district attorneys, or defense attorneys and shall be notified orally or in writing by the attending law enforcement authority or district attorney of that right prior to the commencement of an initial interview.
• SB 1553 (Perata)
  Provides an exonerated person is eligible for compensation for goods and services necessary for the person to meet basic needs and successfully reintegrate into society. Sets forth periods of eligibility for these goods and services, and requires the Department of Corrections to notify each exonerated person of his or her eligibility for compensation under these provisions. Claims approved under these provisions would be paid to the extent that funds are appropriated for that purpose in the Budget Act. (Failed passage)
• SB 1649 (Denham)
  Requires the Director of Corrections to collect restitution ordered on former wards of the California Youth Authority. Makes payment of these restitution fines a condition of parole. Requires the Director to collect from the parolee any moneys owing on the restitution fine amount, unless prohibited by federal law, and to transfer that amount to the VCGCB for deposit in the Restitution Fund in the State Treasury. Provides that if the restitution is owed to a person who has filed an application with the Victims of Crime Program, the Director shall transfer that amount to the VCGCB for direct payment to the victim, or payment shall be made to the Restitution Fund to the extent that the victim has received assistance pursuant to that program. Urgency statute. (Failed passage)