2005 Legislation
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2005 LEGISLATION SPONSORED BY THE VICTIM COMPENSATION AND GOVERNMENT CLAIMS BOARD (BOARD)
- AB 346 (Chu), Chapter 184, Statutes of 2005
- Appropriates $1,082,007.08 from various funds to pay claims accepted by the Board from July 2004 through December 2004. Also contains clean-up language to SB 1102 (2004), which created the current method of funding the administrative costs of the Government claims program via surcharges on claims and filing fees. The first of the Board's two annual claims bills in 2005.
- SB 353 (Migden), Chapter 255, Statutes of 2005
Appropriates $7,124,216.11 from various funds to pay claims accepted by the Board from January 2005 through March 2005. Also includes seven write-off items, which the Board is required to report to the Legislature. The second of the Board's two annual claims bills in 2005.
- SB 972 (Poochigian), Chapter 238, Statutes of 2005
Allows video teleconferencing for restitution hearings when counties have teleconferencing equipment. Requires estate representatives to notify the Board when inmates inherit money. Allows judges to require that funds confiscated at arrest be applied to restitution when the funds are not required for spousal or child support.
2005 LEGISLATION AFFECTING THE BOARD
- AB 22 (Lieber), Chapter 240, Statutes of 2005
Makes the trafficking of a person for forced labor or services a felony. Creates a separate felony for trafficking of a minor. Allows a victim of human trafficking to receive restitution from the offender by direct order of a judge; the amount of the order is based on the market value of the victim's labor or the income that the offender received through the victim's labor, whichever is greater. Requires law enforcement agencies to provide Law Enforcement Agency Endorsements (LEAE) to trafficking victims. Allows victims to sue for punitive damages in a civil action. Establishes confidentiality for communications between human trafficking victims and their caseworkers. Prohibits the Victim Compensation Program (VCP) from denying an application from a victim of human trafficking for lack of a police report; the VCGCB must identify forms of evidence that are acceptable in place of a police report. Prohibits the VCP from denying an application from a minor derivative victim of human trafficking solely because the primary victim's application was denied. Creates the Anti-Trafficking Advisory Task Force to study human trafficking issues and report its findings to the Legislature. Requires the Attorney General to give priority to human trafficking issues.
- AB 1505 (La Suer)
Allows victims to receive money from a restitution order without filing an application with the Victim Compensation Program. (Two-year bill)
- AB 1657 (Evans)
Reallocates funds from the Driver Training Penalty Assessment Fund as follows: 7.2% to create the Child Advocacy Center Fund for counties to enter into grants with the Office of Emergency Services for the recovery of costs associated with the provision of child victim forensic evidentiary interviews conducted by child advocacy centers; an additional 8% to the Victim-Witness Assistance Fund (from 8.64% to 16.64%); an additional 9.5% to the Peace Officers' Training Fund (from 23.99% to 33.49%). (Two-year bill)
- AB 1768 (Committee on Public Safety)
Makes legislative findings about the effectiveness of the services provided by the Trauma Recovery Center established as a pilot project between the Victim Compensation and Government Claims Board and the University of California, San Francisco. Reauthorizes this interagency agreement and appropriates for this purpose $1.3 million for the 2005-06 fiscal year. (Vetoed)
- SB 57 (Alarcon)
Provides that until January 1, 2009, a county board of supervisors may elect to levy additional penalties in the amount of $2 for every $10 of fines, penalties, and forfeitures collected for criminal offenses, as specified. Provides that counties that have pediatric trauma units shall be allowed to spend up to 15 percent of the funds collected pursuant to these provisions for equipping and reimbursing trauma care facilities that provide pediatric trauma care. Provides that up to 10 percent of the money collected would be used to reimburse the costs of administering the funds. (Vetoed)
- SB 719 (Romero), Chapter 485, Statutes of 2005
Includes as a crime eligible for reimbursement by the Victim Compensation Fund, injury or death caused by any party where a peace officer is operating a motor vehicle in an effort to apprehend a suspect, and the suspect is evading the peace officer. Establishes sentence enhancements as wells as training and public awareness programs related to police pursuits.
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