JurisdictionCaliforniaCode GOVGovernment Code - GOV
Div.3.
Title 2.DIVISION 3. EXECUTIVE DEPARTMENT
Part 4.PART 4. CALIFORNIA VICTIM COMPENSATION BOARD
Ch. 5.CHAPTER 5. Indemnification of Victims of Crime
Art. 4.ARTICLE 4. Scope of Compensation
This text of California § 13957.5. ((Repealed (in Sec. 6) and added by Stats. 2022, Ch. 771, Sec. 7.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)In authorizing compensation for loss of income and support pursuant to paragraph (3) of subdivision (a) of Section 13957, the board may take any of the following actions:
(1)Compensate the victim for loss of income directly resulting from the injury, except that loss of income may not be paid by the board for more than five years following the crime, unless the victim is disabled as defined in Section 416(i) of Title 42 of the United States Code, as a direct result of the injury.
(2)Compensate an adult derivative victim for loss of income, subject to all of the following:
(A)The derivative victim is the parent or legal
guardian of a victim, who at the time of the crime was under 18 years of age and is hospitalized as a direct result of the crime.
(B)The minor victim’s treatin
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(a)
In authorizing compensation for loss of income and support pursuant to paragraph (3) of subdivision (a) of Section 13957, the board may take any of the following actions:
(1)
Compensate the victim for loss of income directly resulting from the injury, except that loss of income may not be paid by the board for more than five years following the crime, unless the victim is disabled as defined in Section 416(i) of Title 42 of the United States Code, as a direct result of the injury.
(2)
Compensate an adult derivative victim for loss of income, subject to all of the following:
(A)
The derivative victim is the parent or legal
guardian of a victim, who at the time of the crime was under 18 years of age and is hospitalized as a direct result of the crime.
(B)
The minor victim’s treating physician certifies in writing that the presence of the victim’s parent or legal guardian at the hospital is necessary for the treatment of the victim.
(C)
Reimbursement for loss of income under this paragraph may not exceed the total value of the income that would have been earned by the adult derivative victim during a 30-day period.
(3)
Compensate an adult derivative victim for loss of income, subject to all of the following:
(A)
The derivative victim is the parent or legal guardian of a victim who at the time of the crime was under 18 years of age.
(B)
The victim died as a direct result of the crime.
(C)
The board shall pay for loss of income under this paragraph for not more than 30 calendar days from the date of the victim’s death.
(4)
Compensate a derivative victim who was legally dependent on the victim at the time of the crime for the loss of support incurred by that person as a direct result of the crime, subject to both of the following:
(A)
Loss of support shall be paid by the board for income lost by an adult for a period up to, but not more than, five years following the date of the crime.
(B)
Loss of support shall not be paid by the board on behalf of a minor for a period beyond the child’s attaining 18 years of age.
(5)
(A)
If the qualifying crime is a violation of Section 236.1 of the Penal Code, and the victim has not been and will not be compensated from any other source, compensate the victim for loss of income or support directly resulting from the deprivation of liberty during the crime based upon the value of the victim’s labor as guaranteed under California law at the time that the services were performed for the number of hours that the services were performed, for up to 40 hours per week.
(B)
On or before July 1, 2020, the board shall adopt guidelines that allow it to rely on evidence other than official employment documentation in considering and approving an application for that compensation. The evidence may include any reliable corroborating information approved by the board, including, but not limited to, a statement under penalty of perjury from the
applicant, a human trafficking caseworker as defined in Section 1038.2 of the Evidence Code, a licensed attorney, or a witness to the circumstances of the crime.
(C)
Compensation for loss of income paid by the board pursuant to this paragraph shall not exceed ten thousand dollars ($10,000) per year that the services were performed, for a maximum of two years.
(D)
If the victim is a minor at the time of application, the board shall distribute payment under this paragraph when the minor reaches 18 years of age.
(b)
The total amount payable to all derivative victims pursuant to this section as the result of one crime shall not exceed seventy thousand dollars ($70,000).
(c)
(1)
This section shall become inoperative on July 1, 2024, only if General Fund moneys over the multiyear forecasts beginning in the 2024–25 fiscal year are available to support ongoing augmentations and actions, and if an appropriation is made to backfill the Restitution Fund to support the actions in this section. If those conditions are met, this section is repealed January 1, 2025.
(2)
The amendments made by the act adding this subdivision shall become operative on January 1, 2023.