AMENDED IN ASSEMBLY SEPTEMBER 1, 2021
AMENDED IN ASSEMBLY AUGUST 30, 2021
AMENDED IN ASSEMBLY JULY 5, 2021
AMENDED IN SENATE MAY 20, 2021
AMENDED IN SENATE MARCH 25, 2021
AMENDED IN SENATE MARCH 4, 2021
SENATE BILL No. 299
Introduced by Senator Leyva
(Coauthor: Senator (Coauthors: Senators Kamlager and Laird) (Coauthors: Assembly Members Bryan, Chiu, Friedman, Cristina Garcia, Grayson, Lee, and Wicks)
February 3, 2021
An act to amend Sections 13951, 13954, 13956, 13960, and 13963 of the Government Code, relating to victim compensation, and making an appropriation therefor.
legislative counsel’s digest
SB 299, as amended, Leyva. Victim compensation: use of force by a law enforcement officer.
(1) Existing la w pro vides for the compensation 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 suf fered as a result of those crimes. Existing la w defines v arious terms for purposes of these provisions, including “crime, ” which includes an y public of fense
93 wherever it may tak e place that w ould constitute a misdemeanor or felony.
This bill would revise the definition of “crime” to include any public offense described above regardless of whether an y person is arrested for, charged with, or con victed of the commission of the crime. The bill would also include in the definition of “crime” an incident occurring on or after January 1, 2022, in which an indi vidual sustains serious bodily injury, as specified, or death as a result of a la w enforcement officer’s use of force, regardless of whether the law enforcement officer is arrested for, charged with, or convicted of committing a crime. The bill w ould define “la w enforcement officer” for these purposes. By expanding the types of crime for which compensation can be paid from a continuously appropriated fund, the bill would make an appropriation. (2) Existing law requires every law enforcement and social service agency in the state to pro vide to the board or to a contracted victim center reports involving the crime or incident giving rise to a claim, for the specific purpose of determining the eligibility of a claim, except as provided.
This bill would prohibit a determination made by the board as to the eligibility of a victim or applicant for compensation from being used as evidence that, among other things, an y person committed a crime.
In the case of a claim based on a victim’s serious bodily injury or death that resulted from a law enforcement officer’s use of force, as described above, the bill would further prohibit the eligibility determination from being used as e vidence in an y action, disciplinary in vestigation, or proceeding relating to the employment or duties of the law enforcement officer, as provided.
(3) Existing law requires that a person be ineligible for compensation under specified conditions, including, among other things, if the board determines that denial of the claim for compensation is appropriate because of the nature of the victim’s involvement in the events leading to the crime or the in volvement of the person whose injury or death gives rise to the application. Existing law requires the board to deny an application if it finds that the victim failed to cooperate reasonably with a la w enforcement agenc y in the apprehension and con viction of a criminal committing the crime.
This bill, in the case of a claim based on a victim’ s serious bodily injury or death that resulted from a la w enforcement officer’s use of force, as described abo ve, would prohibit the board from den ying an application based on certain circumstances, including the victim’ s or 93 — 2 — SB 299
other applicant’s involvement in the crime, e xcept as specified, the victim’s failure to cooperate, or the contents of a police report, or the lack thereof. The bill would, absent a police report, authorize the board to consider other evidence that a crime occurred, as specified. The bill, in the case of a claim based on a victim’ s death as a result of a crime, would prohibit the board from den ying an application based on the deceased victim’s involvement in the crime or the victim’s or derivative victim’s failure to cooperate, except as provided.
(4) Existing la w authorizes the filing of a petition for a writ of mandate, as provided, in seeking judicial review of a final decision by the board.
This bill would prohibit a writ of mandate from being used as evidence that, among other things, any person committed a crime. In the case of a claim based on a victim’s serious bodily injury or death that resulted from a law enforcement officer’s use of force, as described above, the bill would further prohibit the writ from being used as evidence in any action, disciplinary in vestigation, or proceeding relating to the employment or duties of the law enforcement officer, as provided. (5) Existing law requires that the California Victim Compensation Board be subrogated to the rights of the recipient to the e xtent of any compensation granted by the board.
This bill would specify that the abo ve-described subrogation of the board applies to compensation by the board for a claim based on serious bodily injury or death that resulted from a la w enforcement officer’s use of force, as specified.
(6) This bill would incorporate additional changes to Section 13956 of the Government Code proposed by AB 1171 to be operative only if this bill and AB 1171 are enacted and this bill is enacted last.
Vote: 2⁄3. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 13951 of the Government Code is line 2 amended to read:
line 3 13951. As used in this chapter, the following definitions shall line 4 apply:
line 5 (a) “Board” means the California Victim Compensation Board. line 6 (b) (1) “Crime” means a crime or public of fense, wherever it line 7 may take place, that would constitute a misdemeanor or a felon y 93 SB 299 — 3 —
line 1 if the crime had been committed in California by a competent line 2 adult, regardless of whether an y person is arrested for , charged line 3 with, or convicted of committing the crime or public offense. line 4 (2) “Crime” includes an act of terrorism, as defined in Section line 5 2331 of Title 18 of the United States Code, committed ag ainst a line 6 resident of the state, whether or not the act occurs within the state. line 7 (3) “Crime” includes an incident occurring on or after January line 8 1, 2022, in which an indi vidual sustains serious bodily injury, as line 9 defined in Section 243 of the Penal Code, or death as a result of a line 10 law enforcement officer’s use of force, regardless of whether the line 11 law enforcement officer is arrested for, charged with, or convicted line 12 of committing a crime.
line 13 (c) “Derivative victim” means an indi vidual who sustains line 14 pecuniary loss as a result of injury or death to a victim. line 15 (d) “Law enforcement” means every district attorney, municipal line 16 police department, sheriff’s department, district attorney’s office, line 17 county probation department, and social services agenc y, the line 18 Department of Justice, the Department of Corrections and line 19 Rehabilitation, the Di vision of Juv enile Justice, the Department line 20 of the California Highw ay Patrol, the police department of an y line 21 campus of the University of California, California State University, line 22 or community college, and every agency of the State of California line 23 expressly authorized by statute to in vestigate or prosecute la w line 24 violators.
line 25 (e) “Law enforcement officer” means a peace officer, as defined line 26 in Section 830 of the Penal Code.
line 27 (f) “Pecuniary loss” means an economic loss or e xpense line 28 resulting from an injury or death to a victim of crime that has not line 29 been and will not be reimbursed from any other source. line 30 (g) “Peer counseling” means counseling offered by a provider line 31 of mental health counseling services who has completed a line 32 specialized course in rape crisis counseling skills de velopment, line 33 participates in continuing education in rape crisis counseling skills line 34 development, and provides rape crisis counseling within the State line 35 of California.
line 36 (h) “Victim” means an individual who sustains injury or death line 37 as a direct result of a crime as specified in subdi vision (e) of line 38 Section 13955.
line 39 (i) “Victim center” means a victim and witness assistance center line 40 that receives funds pursuant to Section 13835.2 of the Penal Code. 93 — 4 — SB 299
line 1 (j) “Victim services pro vider” means an indi vidual, whether line 2 paid or serving as a v olunteer, who provides services to victims line 3 under the supervision of either an agency or organization that has line 4 a documented record of pro viding services to victims, or a la w line 5 enforcement or prosecution agency.
line 6 SEC. 2. Section 13954 of the Government Code is amended line 7 to read:
line 8 13954. (a) The board shall verify with hospitals, physicians, line 9 law enforcement officials, or other interested parties involved, the line 10 treatment of the victim or derivative victim, circumstances of the line 11 crime, amounts paid or received by or for the victim or derivative line 12 victim, and any other pertinent information deemed necessary by line 13 the board. Verification information shall be returned to the board line 14 within 10 business days after a request for v erification has been line 15 made by the board. Verification information shall be pro vided at line 16 no cost to the applicant, the board, or victim centers. When line 17 requesting verification information, the board shall certify that a line 18 signed authorization by the applicant is retained in the applicant’s line 19 file and that this certification constitutes actual authorization for line 20 the release of information, notwithstanding any other provision of line 21 law. If requested by a ph ysician or mental health pro vider, the line 22 board shall pro vide a cop y of the signed authorization for the line 23 release of information.
line 24 (b) (1) The applicant shall cooperate with the staff of the board line 25 or the victim center in the verification of the information contained line 26 in the application. F ailure to cooperate shall be reported to the line 27 board, which, in its discretion, may reject the application solely line 28 on this ground.
line 29 (2) An applicant may be found to have failed to cooperate with line 30 the board if any of the following occur:
line 31 (A) The applicant has information, or there is information that line 32 the applicant may reasonably obtain, that is needed to process the line 33 application or supplemental claim, and the applicant f ailed to line 34 provide the information after being requested to do so by the board. line 35 The board shall take the applicant’s economic, psychosocial, and line 36 postcrime traumatic circumstances into consideration, and shall line 37 not unreasonably reject an application solely for failure to provide line 38 information.
line 39 (B) The applicant provided, or caused another to provide, false line 40 information regarding the application or supplemental claim. 93 SB 299 — 5 —
line 1 (C) The applicant refused to apply for other benefits potentially line 2 available to the applicant from other sources besides the board line 3 including, b ut not limited to, w orker’s compensation, state line 4 disability insurance, social security benefits, and unemplo yment line 5 insurance.
line 6 (D) The applicant threatened violence or bodily harm to a line 7 member of the board or staff.
line 8 (c) The board may contract with victim centers to pro vide line 9 verification of applications processed by the centers pursuant to line 10 conditions stated in subdivision (a). The board and its staf f shall line 11 cooperate with the Office of Criminal Justice Planning and victim line 12 centers in conducting training sessions for center personnel and line 13 shall cooperate in the de velopment of standardized v erification line 14 procedures to be used by the victim centers in the state. The board line 15 and its staff shall cooperate with victim centers in disseminating line 16 standardized board policies and findings as the y relate to the line 17 centers.
line 18 (d) (1) Notwithstanding Section 827 of the Welfare and line 19 Institutions Code or an y other pro vision of la w, e very la w line 20 enforcement and social service agenc y in the state shall pro vide line 21 to the board or to victim centers that have contracts with the board line 22 pursuant to subdivision (c), upon request, a complete copy of the line 23 law enforcement report and an y supplemental reports in volving line 24 the crime or incident gi ving rise to a claim, a cop y of a petition line 25 filed in a juvenile court proceeding, reports of the probation officer, line 26 and any other document made a vailable to the probation officer line 27 or to the judge, referee, or other hearing officer , for the specific line 28 purpose of determining the eligibility of a claim filed pursuant to line 29 this chapter.
line 30 (2) The board and victim centers receiving records pursuant to line 31 this subdi vision may not disclose a document that personally line 32 identifies a minor to an yone other than the minor who is so line 33 identified, the minor’s custodial parent or guardian, the attorneys line 34 for those parties, and any other persons that may be designated by line 35 court order. Any information received pursuant to this section shall line 36 be received in confidence for the limited purpose for which it was line 37 provided and may not be further disseminated. A violation of this line 38 subdivision is a misdemeanor punishable by a fine not to e xceed line 39 five hundred dollars ($500).
93 — 6 — SB 299
line 1 (3) The law enforcement agency supplying information pursuant line 2 to this section may withhold the names of witnesses or informants line 3 from the board, if the release of those names would be detrimental line 4 to the parties or to an investigation in progress. line 5 (e) Notwithstanding an y other pro vision of la w, e very state line 6 agency, upon receipt of a cop y of a release signed in accordance line 7 with the Information Practices Act of 1977 (Chapter 1 line 8 (commencing with Section 1798) of Title 1.8 of Part 4 of Division line 9 3 of the Ci vil Code) by the applicant or other authorized line 10 representative, shall pro vide to the board or victim center the line 11 information necessary to complete the verification of an application line 12 filed pursuant to this chapter.
line 13 (f) The Department of Justice shall furnish, upon application of line 14 the board, all information necessary to verify the eligibility of any line 15 applicant for benefits pursuant to subdivision (c) of Section 13956, line 16 to recover any restitution fine or order oblig ations that are owed line 17 to the Restitution Fund or to an y victim of crime, or to e valuate line 18 the status of any criminal disposition.
line 19 (g) A privilege is not waived under Section 912 of the Evidence line 20 Code by an applicant consenting to disclosure of an otherwise line 21 privileged communication if that disclosure is deemed necessary line 22 by the board for verification of the application. line 23 (h) Any verification conducted pursuant to this section shall be line 24 subject to the time limits specified in Section 13958. line 25 (i) Any county social worker acting as the applicant for a child line 26 victim or elder ab use victim shall not be required to pro vide line 27 personal identification, including, but not limited to, the applicant’s line 28 date of birth or social security number . County social w orkers line 29 acting in this capacity shall not be required to sign a promise of line 30 repayment to the board.
line 31 (j) Notwithstanding any other provision of statute, administrative line 32 rule, local ordinance, or other la w, a determination made by the line 33 board as to the eligibility of a victim or applicant for compensation line 34 shall be used for the limited purposes described in this chapter, or line 35 in a proceeding related to determining the amount of restitution a line 36 person who has been con victed of a crime o wes, pursuant to line 37 Section 1202.4 of the Penal Code. A determination of eligibility line 38 made by the board shall not otherwise be admissible as e vidence line 39 that any person committed a crime or is liable for a victim’s injury line 40 or death in any civil action or proceeding, in an y criminal action 93 SB 299 — 7 —
line 1 or proceeding including pretrial motions and hearings and line 2 postconviction motions and hearings, in an y trial or hearing of a line 3 juvenile for a criminal offense, whether heard in juvenile or adult line 4 court, or in an y court of la w. This subdi vision shall not be line 5 construed to limit or in any way affect the board’s subrogation and line 6 recovery rights under Section 13963 or 13966, and shall not be line 7 construed to limit or in an y way affect the ability of a court to line 8 consider the amount of assistance provided by the Restitution Fund line 9 to a victim in a determination relating to a restitution order line 10 following a conviction, in accordance with Section 1202.4 of the line 11 Penal Code.
line 12 (k) Notwithstanding an y other pro vision of statute, line 13 administrative rule, local ordinance, or other law, for claims based line 14 on a victim’s serious bodily injury or death that resulted from a line 15 law enforcement officer’ s use of force, as pro vided in Section line 16 13951, a determination made by the board as to the eligibility of line 17 a victim or applicant for compensation shall not be admissible as line 18 evidence in any action, disciplinary in vestigation, or proceeding line 19 relating to the employment or duties of the law enforcement officer, line 20 nor used as e vidence to support an y punitive action or denial of line 21 promotion of a law enforcement officer.
line 22 SEC. 3. Section 13956 of the Government Code is amended line 23 to read:
line 24 13956. Notwithstanding Section 13955, a person shall not be line 25 eligible for compensation under the following conditions:
line 26 (a) An application may be denied, in whole or in part, if the line 27 board finds that denial is appropriate because of the nature of the line 28 victim’s or other applicant’s involvement in the events leading to line 29 the crime, or the involvement of the person whose injury or death line 30 gives rise to the application.
line 31 (1) Factors that may be considered in determining whether the line 32 victim or derivative victim was involved in the events leading to line 33 the qualifying crime include, but are not limited to:
line 34 (A) The victim or deri vative victim initiated the qualifying line 35 crime, or pro voked or aggra vated the suspect into initiating the line 36 qualifying crime.
line 37 (B) The qualifying crime w as a reasonably foreseeable line 38 consequence of the conduct of the victim or derivative victim. line 39 (C) The victim or deri vative victim w as committing a crime line 40 that could be charged as a felony and reasonably lead to them the 93 — 8 — SB 299
line 1 victim being victimized. Ho wever, committing a crime shall not line 2 be considered involvement if the victim’s injury or death occurred line 3 as a direct result of a crime committed in violation of Section 261, line 4 262, or 273.5 of, or for a crime of unlawful sexual intercourse with line 5 a minor in violation of subdi vision (d) of Section 261.5 of, the line 6 Penal Code.
line 7 (2) If the victim is determined to ha ve been in volved in the line 8 events leading to the qualifying crime, f actors that may be line 9 considered to mitigate or overcome involvement include, but are line 10 not limited to:
line 11 (A) The victim’s injuries were significantly more serious than line 12 reasonably could have been expected based on the victim’s level line 13 of involvement.
line 14 (B) A third party interfered in a manner not reasonably line 15 foreseeable by the victim or derivative victim. line 16 (C) The board shall consider the victim’ s age, ph ysical line 17 condition, and psychological state, as well as any compelling health line 18 and safety concerns, in determining whether the application should line 19 be denied pursuant to this section. The application of a derivative line 20 victim of domestic violence under 18 years of age or deri vative line 21 victim of trafficking under 18 years of age shall not be denied on line 22 the basis of the denial of the victim’ s application under this line 23 subdivision.
line 24 (3) Notwithstanding paragraphs (1) and (2), and e xcept as line 25 provided in paragraphs (4) and (5), for a claim based on a victim’s line 26 serious bodily injury or death that resulted from a law enforcement line 27 officer’s use of force, as provided in Section 13951, the board shall line 28 not deny the application based on the victim’s or other applicant’s line 29 involvement in the qualifying crime that gave rise to the claim. line 30 (4) Notwithstanding paragraph (3), for a claim based on a line 31 victim’s serious bodily injury that resulted from a law enforcement line 32 officer’s use of force, as provided in Section 13951, the board may line 33 deny the application based on the victim’s involvement if the victim line 34 is convicted of a violent crime as defined in Section 667.5 of the line 35 Penal Code, or of a crime that resulted in serious bodily injury, as line 36 defined in Section 243 of the Penal Code, to or death of another line 37 person, and the crime occurred at the time and location of the line 38 incident on which the claim is based. The board shall not consider line 39 a claim for compensation while charges are pending alleging that line 40 a victim subject to this paragraph committed such a crime. A victim 93 SB 299 — 9 —
line 1 or applicant subject to this paragraph may apply for compensation line 2 pursuant to this chapter at any time for any expense, but the award line 3 of that compensation shall not be granted until the charges are no line 4 longer pending against the victim. If the victim is deceased, charges line 5 shall not be considered pending against the victim for the purposes line 6 of this paragraph.
line 7 (5) Notwithstanding paragraphs (3) and (6), for a claim based line 8 on a victim’s death that resulted from a law enforcement officer’s line 9 use of force, as pro vided in Section 13951, the board may den y line 10 an application based on the victim’s involvement in the qualifying line 11 crime that gave rise to the claim if there is clear and con vincing line 12 evidence that the deceased victim committed a crime during which line 13 the deceased victim personally inflicted serious bodily injury , as line 14 defined in Section 243 of the Penal Code, on another person or line 15 personally killed another person at the time and location of the line 16 incident on which the claim is based.
line 17 (6) Notwithstanding paragraphs (1) and (2), and e xcept as line 18 provided in paragraph (5), for a claim based on a victim’ s death line 19 as a result of a crime, the board shall not deny the application, in line 20 whole or in part, based on the deceased victim’ s involvement in line 21 the crime that gave rise to the claim.
line 22 (b) (1) An application shall be denied if the board finds that line 23 the victim or , if compensation is sought by , or on behalf of, a line 24 derivative victim, either the victim or deri vative victim f ailed to line 25 cooperate reasonably with a la w enforcement agenc y in the line 26 apprehension and conviction of a criminal committing the crime. line 27 In determining whether cooperation has been reasonable, the board line 28 shall consider the victim’ s or deri vative victim’s age, ph ysical line 29 condition, and psychological state, cultural or linguistic barriers, line 30 any compelling health and safety concerns, including, b ut not line 31 limited to, a reasonable fear of retaliation or harm that w ould line 32 jeopardize the well-being of the victim or the victim’ s family or line 33 the derivative victim or the derivative victim’s family, and giving line 34 due consideration to the degree of cooperation of which the victim line 35 or derivative victim is capable in light of the presence of an y of line 36 these factors. Victims of domestic violence shall not be determined line 37 to have failed to cooperate based on their the victim’s conduct with line 38 law enforcement at the scene of the crime. Lack of cooperation line 39 shall also not be found solely because a victim of se xual assault, 93 — 10 — SB 299
line 1 domestic violence, or human trafficking delayed reporting the line 2 qualifying crime.
line 3 (2) Notwithstanding paragraph (1), for a claim based on a line 4 victim’s serious bodily injury or death that resulted from a la w line 5 enforcement officer’s use of force, as provided in Section 13951, line 6 the board shall not den y the application based on the victim’ s line 7 failure to cooperate.
line 8 (3) Notwithstanding paragraph (1), for a claim based on a line 9 victim’s death as a result of a crime, the board shall not den y the line 10 application based on a victim’ s or deri vative victim’s failure to line 11 cooperate.
line 12 (4) An application for a claim based on domestic violence shall line 13 not be denied solely because a police report was not made by the line 14 victim. The board shall adopt guidelines that allo w the board to line 15 consider and approve applications for assistance based on domestic line 16 violence relying upon e vidence other than a police report to line 17 establish that a domestic violence crime has occurred. F actors line 18 evidencing that a domestic violence crime has occurred may line 19 include, b ut are not limited to, medical records documenting line 20 injuries consistent with alle gations of domestic violence, mental line 21 health records, or that the victim has obtained a permanent line 22 restraining order.
line 23 (5) An application for a claim based on a se xual assault shall line 24 not be denied solely because a police report was not made by the line 25 victim. The board shall adopt guidelines that allow it to consider line 26 and approve applications for assistance based on a sexual assault line 27 relying upon evidence other than a police report to establish that line 28 a se xual assault crime has occurred. F actors e videncing that a line 29 sexual assault crime has occurred may include, but are not limited line 30 to, medical records documenting injuries consistent with allegations line 31 of sexual assault, mental health records, or that the victim received line 32 a sexual assault examination.
line 33 (6) An application for a claim based on human trafficking as line 34 defined in Section 236.1 of the Penal Code shall not be denied line 35 solely because no police report was made by the victim. The board line 36 shall adopt guidelines that allow the board to consider and approve line 37 applications for assistance based on human trafficking relying line 38 upon evidence other than a police report to establish that a human line 39 trafficking crime as defined in Section 236.1 of the Penal Code line 40 has occurred. That evidence may include any reliable corroborating 93 SB 299 — 11 —
line 1 information approved by the board, including, but not limited to, line 2 the following:
line 3 (A) A law enforcement agency endorsement issued pursuant to line 4 Section 236.5 of the Penal Code.
line 5 (B) A human trafficking case worker, as identified in Section line 6 1038.2 of the Evidence Code, has attested by affida vit that the line 7 individual was a victim of human trafficking.
line 8 (7) (A) An application for a claim by a military personnel victim line 9 based on a sexual assault by another military personnel shall not line 10 be denied solely because it was not reported to a superior officer line 11 or law enforcement at the time of the crime.
line 12 (B) Factors that the board shall consider for purposes of line 13 determining if a claim qualifies for compensation include, but are line 14 not limited to, the evidence of the following:
line 15 (i) Restricted or unrestricted reports to a military victim line 16 advocate, sexual assault response coordinator, chaplain, attorney, line 17 or other military personnel.
line 18 (ii) Medical or physical evidence consistent with sexual assault. line 19 (iii) A written or oral report from military la w enforcement or line 20 a civilian law enforcement agency concluding that a sexual assault line 21 crime was committed against the victim.
line 22 (iv) A letter or other written statement from a se xual assault line 23 counselor, as defined in Section 1035.2 of the Evidence Code, line 24 licensed therapist, or mental health counselor , stating that the line 25 victim is seeking services related to the allegation of sexual assault. line 26 (v) A credible witness to whom the victim disclosed the details line 27 that a sexual assault crime occurred.
line 28 (vi) A restraining order from a military or civilian court against line 29 the perpetrator of the sexual assault.
line 30 (vii) Other behavior by the victim consistent with sexual assault. line 31 (C) For purposes of this subdivision, the sexual assault at issue line 32 shall have occurred during military service, including deployment. line 33 (D) For purposes of this subdi vision, the se xual assault may line 34 have been committed off base.
line 35 (E) For purposes of this subdivision, a “perpetrator” means an line 36 individual who is an y of the follo wing at the time of the se xual line 37 assault:
line 38 (i) An active duty military personnel from the United States line 39 Army, Navy, Marine Corps, Air Force, or Coast Guard. 93 — 12 — SB 299
line 1 (ii) A ci vilian emplo yee of an y military branch specified in line 2 clause (i), military base, or military deployment. line 3 (iii) A contractor or agent of a private military or private security line 4 company.
line 5 (iv) A member of the California National Guard. line 6 (F) For purposes of this subdivision, “sexual assault” means an line 7 offense included in Section 261, 262, 264.1, 286, 287, formerly line 8 288a, or Section 289 of the Penal Code, as of the date the act that line 9 added this paragraph was enacted.
line 10 (c) Notwithstanding an y pro vision of this section, for line 11 applications based on a victim’s serious bodily injury or death that line 12 resulted from a law enforcement officer’s use of force as provided line 13 in Section 13951, the board shall not deny an application, in whole line 14 or in part, based solely upon the contents of a police report, or line 15 because a police report w as not made, or based on whether an y line 16 suspect was arrested or char ged with the crime that g ave rise to line 17 the claim. The board shall consider other evidence to establish that line 18 a qualifying crime occurred. Factors evidencing that a qualifying line 19 crime occurred may include, b ut are not limited to, all of the line 20 following:
line 21 (1) Medical records documenting injuries consistent with the line 22 allegation of the qualifying crime.
line 23 (2) A written statement from a victim services provider stating line 24 that the victim is seeking services related to the qualifying crime. line 25 (3) A permanent restraining order or protective order issued by line 26 a court to protect or separate the victim or derivative victim from line 27 the person who is responsible for the qualifying crime. line 28 (4) A statement from a licensed medical pro vider, physician’s line 29 assistant, nurse practitioner , or other person licensed to pro vide line 30 medical or mental health care documenting that the victim line 31 experienced physical, mental, or emotional injury as a result of line 32 the qualifying crime.
line 33 (5) A written or oral report from a la w enforcement agenc y line 34 stating that a qualifying crime was committed against the victim. line 35 (6) Evidence that the qualifying crime w as reported under line 36 Section 12525.2 to the Department of Justice as an incident in line 37 which the use of force by a la w enforcement officer ag ainst a line 38 civilian resulted in serious bodily injury or death. 93 SB 299 — 13 —
line 1 (d) A person making a statement or report regarding a qualifying line 2 crime under paragraph (2), (4), or (5) of subdi vision (c) may line 3 consider any information or evidence they deem relevant. line 4 (e) (1) Notwithstanding Section 13955, no person who is line 5 convicted of a violent felon y listed in subdi vision (c) of Section line 6 667.5 of the Penal Code may be granted compensation until that line 7 person has been dischar ged from probation or has been released line 8 from a correctional institution and has been discharged from parole, line 9 or has been discharged from postrelease community supervision line 10 or mandatory supervision, if any, for that violent crime. In no case line 11 shall compensation be granted to an applicant pursuant to this line 12 chapter during an y period of time the applicant is held in a line 13 correctional institution, or while an applicant is required to register line 14 as a sex offender pursuant to Section 290 of the Penal Code. line 15 (2) A person who has been convicted of a violent felony listed line 16 in subdivision (c) of Section 667.5 of the Penal Code may apply line 17 for compensation pursuant to this chapter at any time, but the award line 18 of that compensation may not be considered until the applicant line 19 meets the requirements for compensation set forth in paragraph line 20 (1).
line 21 SEC. 3.5. Section 13956 of the Government Code is amended line 22 to read:
line 23 13956. Notwithstanding Section 13955, a person shall not be line 24 eligible for compensation under the following conditions:
line 25 (a) An application may be denied, in whole or in part, if the line 26 board finds that denial is appropriate because of the nature of the line 27 victim’s or other applicant’s involvement in the events leading to line 28 the crime, or the involvement of the person whose injury or death line 29 gives rise to the application.
line 30 (1) Factors that may be considered in determining whether the line 31 victim or derivative victim was involved in the events leading to line 32 the qualifying crime include, but are not limited to:
line 33 (A) The victim or deri vative victim initiated the qualifying line 34 crime, or pro voked or aggra vated the suspect into initiating the line 35 qualifying crime.
line 36 (B) The qualifying crime w as a reasonably foreseeable line 37 consequence of the conduct of the victim or derivative victim. line 38 (C) The victim or deri vative victim w as committing a crime line 39 that could be char ged as a felon y and reasonably lead to him or line 40 her the victim being victimized. Ho wever, committing a crime 93 — 14 — SB 299
line 1 shall not be considered involvement if the victim’s injury or death line 2 occurred as a direct result of a crime committed in violation of line 3 Section 261, 262, or 273.5 273.5, or former Section 262 of, or for line 4 a crime of unla wful sexual intercourse with a minor in violation line 5 of subdivision (d) of Section 261.5 of, the Penal Code. line 6 (2) If the victim is determined to ha ve been in volved in the line 7 events leading to the qualifying crime, f actors that may be line 8 considered to mitigate or overcome involvement include, but are line 9 not limited to:
line 10 (A) The victim’s injuries were significantly more serious than line 11 reasonably could have been expected based on the victim’s level line 12 of involvement.
line 13 (B) A third party interfered in a manner not reasonably line 14 foreseeable by the victim or derivative victim. line 15 (C) The board shall consider the victim’ s age, ph ysical line 16 condition, and psychological state, as well as any compelling health line 17 and safety concerns, in determining whether the application should line 18 be denied pursuant to this section. The application of a derivative line 19 victim of domestic violence under 18 years of age or deri vative line 20 victim of trafficking under 18 years of age shall not be denied on line 21 the basis of the denial of the victim’ s application under this line 22 subdivision.
line 23 (3) Notwithstanding par agraphs (1) and (2), and e xcept as line 24 provided in paragraphs (4) and (5), for a claim based on a victim’s line 25 serious bodily injury or death that resulted from a law enforcement line 26 officer’s use of force, as provided in Section 13951, the board shall line 27 not deny the application based on the victim’s or other applicant’s line 28 involvement in the qualifying crime that gave rise to the claim. line 29 (4) Notwithstanding par agraph (3), for a claim based on a line 30 victim’s serious bodily injury that resulted from a law enforcement line 31 officer’s use of force, as provided in Section 13951, the board may line 32 deny the application based on the victim’s involvement if the victim line 33 is convicted of a violent crime as defined in Section 667.5 of the line 34 Penal Code, or of a crime that r esulted in serious bodily injury , line 35 as defined in Section 243 of the Penal Code, to or death of another line 36 person, and the crime occurr ed at the time and location of the line 37 incident on which the claim is based. The board shall not consider line 38 a claim for compensation while charges are pending alleging that line 39 a victim subject to this paragraph committed such a crime. A victim line 40 or applicant subject to this paragraph may apply for compensation 93 SB 299 — 15 —
line 1 pursuant to this chapter at any time for any expense, but the award line 2 of that compensation shall not be granted until the charges are no line 3 longer pending against the victim. If the victim is deceased, charges line 4 shall not be considered pending against the victim for the purposes line 5 of this paragraph.
line 6 (5) Notwithstanding paragraphs (3) and (6), for a claim based line 7 on a victim’s death that resulted from a law enforcement officer’s line 8 use of force, as provided in Section 13951, the board may deny an line 9 application based on the victim’ s involvement in the qualifying line 10 crime that gave rise to the claim if ther e is clear and convincing line 11 evidence that the deceased victim committed a crime during which line 12 the deceased victim personally inflicted serious bodily injury, as line 13 defined in Section 243 of the P enal Code, on another per son or line 14 personally killed another per son at the time and location of the line 15 incident on which the claim is based.
line 16 (6) Notwithstanding par agraphs (1) and (2), and e xcept as line 17 provided in paragraph (5), for a claim based on a victim’ s death line 18 as a result of a crime, the board shall not deny the application, in line 19 whole or in part, based on the deceased victim’ s involvement in line 20 the crime that gave rise to the claim.
line 21 (b) (1) An application shall be denied if the board finds that line 22 the victim or , if compensation is sought by , or on behalf of, a line 23 derivative victim, either the victim or deri vative victim f ailed to line 24 cooperate reasonably with a la w enforcement agenc y in the line 25 apprehension and conviction of a criminal committing the crime. line 26 In determining whether cooperation has been reasonable, the board line 27 shall consider the victim’ s or deri vative victim’s age, ph ysical line 28 condition, and psychological state, cultural or linguistic barriers, line 29 any compelling health and safety concerns, including, b ut not line 30 limited to, a reasonable fear of retaliation or harm that w ould line 31 jeopardize the well-being of the victim or the victim’ s family or line 32 the derivative victim or the derivative victim’s family, and giving line 33 due consideration to the degree of cooperation of which the victim line 34 or derivative victim is capable in light of the presence of an y of line 35 these factors. A victim Victims of domestic violence shall not be line 36 determined to ha ve failed to cooperate based on his or her the line 37 victim’s conduct with law enforcement at the scene of the crime. line 38 Lack of cooperation shall also not be found solely because a victim line 39 of sexual assault, domestic violence, or human trafficking delayed line 40 reporting the qualifying crime.
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line 1 (2) Notwithstanding par agraph (1), for a claim based on a line 2 victim’s serious bodily injury or death that r esulted from a law line 3 enforcement officer’s use of force, as provided in Section 13951, line 4 the board shall not deny the application based on the victim’ s line 5 failure to cooperate.
line 6 (3) Notwithstanding par agraph (1), for a claim based on a line 7 victim’s death as a result of a crime, the board shall not deny the line 8 application based on a victim’ s or derivative victim’ s failure to line 9 cooperate.
line 10 (2)
line 11 (4) An application for a claim based on domestic violence shall line 12 not be denied solely because a police report was not made by the line 13 victim. The board shall adopt guidelines that allo w the board to line 14 consider and approve applications for assistance based on domestic line 15 violence relying upon e vidence other than a police report to line 16 establish that a domestic violence crime has occurred. F actors line 17 evidencing that a domestic violence crime has occurred may line 18 include, b ut are not limited to, medical records documenting line 19 injuries consistent with alle gations of domestic violence, mental line 20 health records, or that the victim has obtained a permanent line 21 restraining order.
line 22 (3)
line 23 (5) An application for a claim based on a se xual assault shall line 24 not be denied solely because a police report was not made by the line 25 victim. The board shall adopt guidelines that allow it to consider line 26 and approve applications for assistance based on a sexual assault line 27 relying upon evidence other than a police report to establish that line 28 a se xual assault crime has occurred. F actors e videncing that a line 29 sexual assault crime has occurred may include, but are not limited line 30 to, medical records documenting injuries consistent with allegations line 31 of sexual assault, mental health records, or that the victim received line 32 a sexual assault examination.
line 33 (4)
line 34 (6) An application for a claim based on human trafficking as line 35 defined in Section 236.1 of the Penal Code shall not be denied line 36 solely because no a police report was not made by the victim. The line 37 board shall adopt guidelines that allow the board to consider and line 38 approve applications for assistance based on human trafficking line 39 relying upon evidence other than a police report to establish that line 40 a human trafficking crime as defined in Section 236.1 of the Penal 93 SB 299 — 17 —
line 1 Code has occurred. That e vidence may include an y reliable line 2 corroborating information approved by the board, including, b ut line 3 not limited to, the following:
line 4 (A) A Law Enforcement Agency Endorsement law enforcement line 5 agency endorsement issued pursuant to Section 236.2 236.5 of the line 6 Penal Code.
line 7 (B) A human trafficking case worker, as identified in Section line 8 1038.2 of the Evidence Code, has attested by affida vit that the line 9 individual was a victim of human trafficking.
line 10 (5)
line 11 (7) (A) An application for a claim by a military personnel victim line 12 based on a sexual assault by another military personnel shall not line 13 be denied solely because it was not reported to a superior officer line 14 or law enforcement at the time of the crime.
line 15 (B) Factors that the board shall consider for purposes of line 16 determining if a claim qualifies for compensation include, but are line 17 not limited to, the evidence of the following:
line 18 (i) Restricted or unrestricted reports to a military victim line 19 advocate, sexual assault response coordinator, chaplain, attorney, line 20 or other military personnel.
line 21 (ii) Medical or physical evidence consistent with sexual assault. line 22 (iii) A written or oral report from military la w enforcement or line 23 a civilian law enforcement agency concluding that a sexual assault line 24 crime was committed against the victim.
line 25 (iv) A letter or other written statement from a se xual assault line 26 counselor, as defined in Section 1035.2 of the Evidence Code, line 27 licensed therapist, or mental health counselor , stating that the line 28 victim is seeking services related to the allegation of sexual assault. line 29 (v) A credible witness to whom the victim disclosed the details line 30 that a sexual assault crime occurred.
line 31 (vi) A restraining order from a military or civilian court against line 32 the perpetrator of the sexual assault.
line 33 (vii) Other behavior by the victim consistent with sexual assault. line 34 (C) For purposes of this subdivision, the sexual assault at issue line 35 shall have occurred during military service, including deployment. line 36 (D) For purposes of this subdi vision, the se xual assault may line 37 have been committed off base.
line 38 (E) For purposes of this subdivision, a “perpetrator” means an line 39 individual who is an y of the follo wing at the time of the se xual line 40 assault:
93 — 18 — SB 299
line 1 (i) An active duty military personnel from the United States line 2 Army, Navy, Marine Corps, Air Force, or Coast Guard. line 3 (ii) A ci vilian emplo yee of an y military branch specified in line 4 clause (i), military base, or military deployment. line 5 (iii) A contractor or agent of a private military or private security line 6 company.
line 7 (iv) A member of the California National Guard. line 8 (F) For purposes of this subdivision, “sexual assault” means an line 9 offense included in Section 261, 262, 264.1, 286, 287, formerly line 10 288a, or Section 289 of the Penal Code, as of the date the act that line 11 added this paragraph was enacted. January 1, 2015. line 12 (c) Notwithstanding any pr ovision of this section, for line 13 applications based on a victim’ s serious bodily injury or death line 14 that r esulted fr om a law enfor cement officer’ s use of for ce as line 15 provided in Section 13951, the board shall not deny an application, line 16 in whole or in part, based solely upon the contents of a police line 17 report, or because a police r eport was not made , or based on line 18 whether any suspect was arrested or charged with the crime that line 19 gave rise to the claim. The board shall consider other evidence to line 20 establish that a qualifying crime occurr ed. Factors e videncing line 21 that a qualifying crime occurred may include, but are not limited line 22 to, all of the following:
line 23 (1) Medical records documenting injuries consistent with the line 24 allegation of the qualifying crime.
line 25 (2) A written statement from a victim services provider stating line 26 that the victim is seeking services related to the qualifying crime. line 27 (3) A permanent r estraining order or pr otective order issued line 28 by a court to pr otect or separ ate the victim or derivative victim line 29 from the person who is responsible for the qualifying crime. line 30 (4) A statement from a licensed medical pr ovider, physician’s line 31 assistant, nurse practitioner, or other per son licensed to provide line 32 medical or mental health car e documenting that the victim line 33 experienced physical, mental, or emotional injury as a r esult of line 34 the qualifying crime.
line 35 (5) A written or or al report from a law enfor cement a gency line 36 stating that a qualifying crime was committed against the victim. line 37 (6) Evidence that the qualifying crime was r eported under line 38 Section 12525.2 to the Department of J ustice as an incident in line 39 which the use of for ce by a law enfor cement officer a gainst a line 40 civilian resulted in serious bodily injury or death. 93 SB 299 — 19 —
line 1 (d) A per son making a statement or r eport r egarding a line 2 qualifying crime under par agraph (2), (4), or (5) of subdivision line 3 (c) may consider any information or evidence they deem relevant. line 4 (c)
line 5 (e) (1) Notwithstanding Section 13955, no a person who is line 6 convicted of a violent felon y listed in subdi vision (c) of Section line 7 667.5 of the Penal Code may shall not be granted compensation line 8 until that person has been discharged from probation or has been line 9 released from a correctional institution and has been dischar ged line 10 from parole, or has been discharged from postrelease community line 11 supervision or mandatory supervision, if any, for that violent crime. line 12 In no case shall compensation Compensation shall not be granted line 13 to an applicant pursuant to this chapter during any period of time line 14 the applicant is held in a correctional institution, institution or line 15 while an applicant is required to register as a sex offender pursuant line 16 to Section 290 of the Penal Code.
line 17 (2) A person who has been convicted of a violent felony listed line 18 in subdivision (c) of Section 667.5 of the Penal Code may apply line 19 for compensation pursuant to this chapter at any time, but the award line 20 of that compensation may not be considered until the applicant line 21 meets the requirements for compensation set forth in paragraph line 22 (1).
line 23 SEC. 4. Section 13960 of the Government Code is amended line 24 to read:
line 25 13960. (a) Judicial review of a final decision made pursuant line 26 to this chapter may be had by filing a petition for a writ of mandate line 27 in accordance with Section 1094.5 of the Code of Civil Procedure. line 28 The right to petition shall not be af fected by the f ailure to seek line 29 reconsideration before the board. The petition shall be filed as line 30 follows:
line 31 (1) Where no request for reconsideration is made, within 30 line 32 calendar days of personal deli very or within 60 calendar days of line 33 the mailing of the board’ s decision on the application for line 34 compensation.
line 35 (2) Where a timely request for reconsideration is filed and line 36 rejected by the board, within 30 calendar days of personal delivery line 37 or within 60 calendar days of the mailing of the notice of rejection. line 38 (3) Where a timely request for reconsideration is filed and line 39 granted by the board, or reconsideration is ordered by the board, line 40 within 30 calendar days of personal delivery or within 60 calendar 93 — 20 — SB 299
line 1 days of the mailing of the final decision on the reconsidered line 2 application.
line 3 (b) (1) In an action resulting in the issuance of a writ of mandate line 4 pursuant to this section the court may order the board to pay to the line 5 applicant’s attorney reasonable attorne y’s fees or one thousand line 6 dollars ($1,000), whichever is less. If action is taken by the board line 7 in favor of the applicant in response to the filing of the petition, line 8 but prior to a judicial determination, the board shall pay the line 9 applicant’s costs of filing the petition.
line 10 (2) In case of appeal by the board of a decision on the petition line 11 for writ of mandate that results in a decision in f avor of the line 12 applicant, the court may order the board to pay to the applicant’s line 13 attorney reasonable attorney fees.
line 14 (3) Nothing in this section shall be construed to prohibit or limit line 15 an award of attorney’s fees pursuant to Section 1021.5 of the Code line 16 of Civil Procedure.
line 17 (c) (1) Notwithstanding an y other pro vision of statute, line 18 administrative rule, local ordinance, or other law, a writ of mandate line 19 issued pursuant to this section shall apply for the limited purposes line 20 of compelling the board to a ward compensation pursuant to this line 21 chapter, or in a proceeding related to determining the amount of line 22 restitution a person who has been con victed of the crime o wes, line 23 pursuant to Section 1202.4 of the Penal Code. A writ of mandate line 24 issued pursuant to this section shall not otherwise be admissible line 25 as evidence that any person committed a crime or is liable for a line 26 victim’s injury or death in an y civil action or proceeding, in an y line 27 criminal action or proceeding including pretrial motions and line 28 hearings and postcon viction motions and hearings in criminal line 29 proceedings, in an y trial or hearing of a juv enile for a criminal line 30 offense, whether heard in juv enile or adult court, or in an y court line 31 of law. This subdivision shall not be construed to limit or in an y line 32 way af fect the board’ s subrog ation and reco very rights under line 33 Section 13963 or 13966, and shall not be construed to limit or in line 34 any way affect the ability of a court to consider the amount of line 35 assistance pro vided by the Restitution Fund to a victim in a line 36 determination relating to a restitution order following a conviction, line 37 in accordance with Section 1202.4 of the Penal Code. line 38 (2) Notwithstanding an y other pro vision of statute, line 39 administrative rule, local ordinance, or other law, for a claim based line 40 on a victim’s serious bodily injury or death that resulted from a 93 SB 299 — 21 —
line 1 law enforcement officer’ s use of force, as pro vided in Section line 2 13951, a writ of mandate issued pursuant to this section shall not line 3 be admissible as evidence in any action, disciplinary investigation, line 4 or proceeding relating to the emplo yment or duties of the la w line 5 enforcement officer, nor used as evidence to support any punitive line 6 action or denial of promotion of a law enforcement officer. line 7 SEC. 5. Section 13963 of the Government Code is amended line 8 to read:
line 9 13963. (a) (1) The board shall be subrogated to the rights of line 10 the recipient to the e xtent of an y compensation granted by the line 11 board. The subrogation rights shall be ag ainst the perpetrator of line 12 the crime or an y person liable for the losses suf fered as a direct line 13 result of the crime which was the basis for receipt of compensation, line 14 including an insurer held liable in accordance with the pro vision line 15 of a policy of insurance issued pursuant to Section 11580.2 of the line 16 Insurance Code.
line 17 (2) This section applies to compensation by the board for a claim line 18 based on serious bodily injury or death that resulted from a la w line 19 enforcement officer’s use of force, as pro vided in paragraph (3) line 20 of subdivision (a) of Section 13951.
line 21 (b) The board shall also be entitled to a lien on an y judgment, line 22 award, or settlement in f avor of or on behalf of the recipient for line 23 losses suffered as a direct result of the crime that was the basis for line 24 receipt of compensation in the amount of the compensation granted line 25 by the board. The board may reco ver this amount in a separate line 26 action, or may interv ene in an action brought by or on behalf of line 27 the recipient. If a claim is filed within one year of the date of line 28 recovery, the board shall pay 25 percent of the amount of the line 29 recovery that is subject to a lien on the judgment, a ward, or line 30 settlement, to the recipient responsible for recovery if the recipient line 31 notified the board of the action prior to recei ving any recovery. line 32 The remaining amount, and an y amount not claimed within one line 33 year pursuant to this section, shall be deposited in the Restitution line 34 Fund.
line 35 (c) The board may compromise or settle and release an y lien line 36 pursuant to this chapter if it is found that the action is in the best line 37 interest of the state or the collection would cause undue hardship line 38 upon the recipient. Repayment obligations to the Restitution Fund line 39 shall be enforceable as a summary judgment.
93 — 22 — SB 299
line 1 (d) No judgment, a ward, or settlement in an y action or claim line 2 by a recipient, where the board has an interest, shall be satisfied line 3 without first giving the board notice and a reasonable opportunity line 4 to perfect and satisfy the lien. The notice shall be gi ven to the line 5 board in Sacramento except in cases where the board specifies that line 6 the notice shall be gi ven otherwise. The notice shall include the line 7 complete terms of the a ward, settlement, or judgment, and the line 8 name and address of an y insurer directly or indirectly pro viding line 9 for the satisfaction.
line 10 (e) (1) If the recipient brings an action or asserts a claim for line 11 damages against the person or persons liable for the injury or death line 12 giving rise to an award by the board under this chapter, notice of line 13 the institution of le gal proceedings, notice of all hearings, line 14 conferences, and proceedings, and notice of settlement shall be line 15 given to the board in Sacramento except in cases where the board line 16 specifies that notice shall be given to the Attorney General. Notice line 17 of the institution of legal proceedings shall be given to the board line 18 within 30 days of filing the action. All notices shall be gi ven by line 19 the attorney employed to bring the action for damages or by the line 20 recipient if no attorney is employed.
line 21 (2) Notice shall include all of the following:
line 22 (A) Names of all parties to the claim or action. line 23 (B) The address of all parties to the claim or action e xcept for line 24 those persons represented by attorneys and in that case the name line 25 of the party and the name and address of the attorney. line 26 (C) The nature of the claim asserted or action brought. line 27 (D) In the case of actions before courts or administrati ve line 28 agencies, the full title of the case including the identity of the court line 29 or agency, the names of the parties, and the case or docket number. line 30 (3) When the recipient or their attorne y has reason to belie ve line 31 that a person from whom damages are sought is receiving a defense line 32 provided in whole or in part by an insurer , or is insured for the line 33 injury caused to the recipient, notice shall include a statement of line 34 that fact and the name and address of the insurer. Upon request of line 35 the board, a person oblig ated to provide notice shall pro vide the line 36 board with a copy of the current written claim or complaint. line 37 (f) The board shall pay the county probation department or other line 38 county agenc y responsible for collection of funds o wed to the line 39 Restitution Fund under Section 13967, as operati ve on or before line 40 September 28, 1994, Section 1202.4 of the Penal Code, Section 93 SB 299 — 23 —
line 1 1203.04 of the Penal Code, as operati ve on or before August 2, line 2 1995, or Section 730.6 of the Welfare and Institutions Code, 10 line 3 percent of the funds so owed and collected by the county agency line 4 and deposited in the Restitution Fund. This payment shall be made line 5 only when the funds are deposited in the Restitution Fund within line 6 45 days of the end of the month in which the funds are collected. line 7 Receiving 10 percent of the mone ys collected as being o wed to line 8 the Restitution Fund shall be considered an incentive for collection line 9 efforts and shall be used for furthering these collection ef forts. line 10 The 10-percent rebates shall be used to augment the b udgets for line 11 the county agencies responsible for collection of funds o wed to line 12 the Restitution Fund, as pro vided in Section 13967, as operati ve line 13 on or before September 28, 1994, Section 1202.4 of the Penal line 14 Code, Section 1203.04 of the Penal Code, operative on or before line 15 August 2, 1995, or Section 730.6 of the Welfare and Institutions line 16 Code. The 10-percent rebates shall not be used to supplant county line 17 funding.
line 18 (g) In the event of judgment or award in a suit or claim against line 19 a third party or insurer, if the action or claim is prosecuted by the line 20 recipient alone, the court or agency shall first order paid from any line 21 judgment or award the reasonable litigation expenses incurred in line 22 preparation and prosecution of the action or claim, together with line 23 reasonable attorne y’s fees when an attorne y has been retained. line 24 After payment of the e xpenses and attorne y’s fees, the court or line 25 agency shall, on the application of the board, allow as a lien against line 26 the amount of the judgment or a ward, the amount of the line 27 compensation granted by the board to the recipient for losses line 28 sustained as a result of the same incident upon which the line 29 settlement, award, or judgment is based.
line 30 (h) For purposes of this section, “recipient” means an y person line 31 who has received compensation or will be provided compensation line 32 pursuant to this chapter , including the victim’ s guardian, line 33 conservator or other personal representative, estate, and survivors. line 34 (i) In accordance with subparagraph (B) of paragraph (4) of line 35 subdivision (f) of Section 1202.4 of the Penal Code, a line 36 representative of the board may provide the probation department, line 37 district attorney, and court with information relevant to the board’s line 38 losses prior to the imposition of a sentence.
line 39 SEC. 6. Section 3.5 of this bill incorpor ates amendments to line 40 Section 13956 of the Government Code proposed by both this bill 93 — 24 — SB 299
line 1 and Assembly Bill 1171. That section of this bill shall only become line 2 operative if (1) both bills are enacted and become effective on or line 3 before January 1, 2022, (2) each bill amends Section 13956 of the line 4 Government Code, and (3) this bill is enacted after Assembly Bill line 5 1171, in whic h case Section 3 of this bill shall not become line 6 operative.
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93 SB 299 — 25 —