LEGISLATION
Updated October 8, 2003
Listed below are the legislative proposals the Board is interested in. To read the entire text of a bill and to check on its status, please go to www.leginfo.ca.gov. If you have specific questions about the legislation, please call Pam Schneider, Deputy Executive Officer-Legislation, (916) 322-2499.
2003-04 LEGISLATION SPONSORED BY THE VICTIM COMPENSATION AND GOVERNMENT CLAIMS BOARD (BOARD)
AB 283 (Campbell)
The original provisions of this bill were amended into AB 1760 (see below) and the original provisions of SB 96, one of two of the Board's annual claims bills (see below), were amended into AB 283 with the exception of a wrongful imprisonment claim in the final days of the legislative session. This bill passed the Senate, and Assembly concurrence in Senate amendments is still pending. (Two-year bill) (See also AB 1302 (Simitian) below.)
Raises mandatory minimum restitution fines for felonies and misdemeanors; raises minimum diversion restitution fees; authorizes the Board to reduce payments on all claims pursuant to a determined percentage based on an analysis of available funds to pay claims; limits total VCP benefit to $70,000 per victimization, except for victims permanently disabled as a direct result of a crime who would receive an individual award of $70,000 (derivative victims would receive a separate aggregate award of $70,000); limits relocation benefit to $2,000 per household; caps inmate wage and trust account deposit garnishment rate at 30 percent; and caps the administrative fee that the California Department of Corrections (CDC) may deduct for transferring money from prisoners' accounts to the Restitution Fund. This bill passed the Senate, and Assembly concurrence in Senate amendments is still pending. (Two-year bill)
SB 631 (McPherson)
Proposes a number of provisions that will strengthen the Board's ability to collect revenue and clarifies existing law regarding restitution fees and fines, including the creation of a probation revocation restitution fine to be imposed in all criminal cases where the offender is granted a period of probation, which will be stayed pending the successful completion of probation. This bill was amended to expand California's "Megan's Law" by, among other things, permitting sex offender information to be available on the Internet and remains on the Senate Third Reading File. (Two-year bill)
SB 94 (Alpert), Chapter 7, Statutes of 2003
Authorized $2.4 million to pay 598 claims against 39 state agencies. This bill includes provisions identical to AB 3019 (Orpreza) of last year, which inadvertently died in the Assembly with concurrence pending.
SB 95 (Alpert), Chapter 96, Statutes of 2003
One of two annual claims bills sponsored by the Board to pay claims against state agencies that have been approved by the Board.
SB 96 (Alpert)
One of two annual claims bills sponsored by the Board to pay claims against state agencies that have been approved by the Board. This bill was amended in the final days of the 2003 Legislative Session to include a wrongful imprisonment claim for $428,000, and remains on the Senate Inactive File. (Two-year bill) (See also AB 1302 (Simitian) below and AB 283 (Campbell) above.)
2003-04 LEGISLATION AFFECTING THE BOARD
AB 101 (LaSeur)
Revises entire restitution code section with intent to clarify and streamline existing law. This bill remains on the Assembly Inactive File. (Two-year bill)
AB 352 (Goldberg), Chapter 431, Statutes of 2003
Doubles minimum fee from $200 to $400 as a condition of probation for domestic violence offenders and increases the county's share of that fee from one-third to two-thirds.
AB 486 (Parra)
Increases prison terms and fines for driving with a suspended or revoked license for violations of restrictions imposed by DUI convictions. This bill held under submission in the Assembly Appropriations Committee. (Two-year bill)
AB 702 (Jackson), Chapter 84, Statutes of 2003
Removes the Director of General Services as a member of the Board and adds the Secretary of the State and Consumer Services Agency.
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. This bill failed passage in the Assembly Public Safety Committee. (Two-year bill)
AB 891 (Runner)
Imposes an additional fine between $2,500 and $10,000 upon sex offenders, or between $2,500 and $25,000 if the victim is a minor, which would be appropriated to local government for enforcement of sex registration requirements. This bill failed passage in the Assembly Public Safety Committee. (Two-year bill)
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. This bill failed passage in the Assembly Public Safety Committee. (Two-year bill)
AB 976 (Montanez), Chapter 281, Statutes of 2003
Limits who can serve as a representative of a victim or derivative victim for purposes of obtaining compensation from the Victim Compensation Program. This bill took effect immediately upon the signature of the Governor.
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. This bill was transferred from the Assembly Appropriations File to the Assembly Inactive File. (Two-year bill)
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. This bill failed passage in the Senate Public Safety Committee. (Two-year bill)
Appropriates $428,000 from the General Fund to the Executive Officer of the Board for the payment in the matter of Mr. Quedellis Ricardo Walker upon the approval of the Board for a wrongful imprisonment claim to take effect immediately upon signature of the Governor.
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. This bill failed passage in the Assembly Public Safety Committee. (Two-year bill)
AB 1625 (Benoit), Chapter 521, Statutes of 2003
Deletes language in current law that requires all penalty assessments and court costs be included in the first $30 fine for not wearing a seatbelt and/or maintaining seatbelts in good working order and a $50 fine for a second and each subsequent violation for this infraction. In other words, penalty assessment and court costs would be added to the $30 or $50 fine for this infraction.
SB 58 (Johnson)
Requires that the court keep police reports, arrest reports, or investigative reports confidential unless otherwise required by existing law. This bill failed passage in the Senate Public Safety Committee. (Two-year bill)
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. This bill failed passage in the Senate Public Safety Committee. (Two-year bill)
SB 246 (Escutia)
Requires the Judicial Council (JC) to develop and adopt guidelines for implementing a comprehensive program for the collection of money imposed by the court. The provisions of this bill were amended into SB 940 (Escutia). (See below.) This bill failed passage in the Senate Judiciary Committee. (Two-year bill)
SB 478 (Dunn), Chapter 630, Statutes of 2003
Requires an employer to allow an employee who is a victim of crime or specified derivative victim of a crime to be absent from work to attend judicial proceedings relating to the crime and prohibits an employer from discriminating against such an employee in any way. Also encourages district attorneys and victim-witness centers to make information regarding provisions of this bill available for distribution in their offices.
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. This bill failed passage in the Senate Public Safety Committee. (Two-year bill)
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. This bill failed passage in the Senate Judiciary Committee. (Two-year bill)
SB 940 (Escutia), Chapter275, Statutes of 2003
Requires the Judicial Council to establish a specified collaborative court-county working group to develop and adopt guidelines for a comprehensive program for the imposition and collection of fines; includes numerous provisions to expand authority of the Judicial Council to improve the statewide infrastructure and efficiency of California's court system.