SB 299

  • California Senate Bill
  • 2021-2022 Regular Session
  • Introduced in Senate Feb 03, 2021
  • Senate
  • Assembly
  • Governor

Victim compensation: use of force by a law enforcement officer.

Abstract

(1) Existing law provides 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 suffered as a result of those crimes. Existing law defines various terms for purposes of these provisions, including "crime," which includes any public offense wherever it may take place that would constitute a misdemeanor or felony. This bill would revise the definition of "crime" to include any public offense described above regardless of whether any person is arrested for, charged with, or convicted 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 individual sustains serious bodily injury, as specified, or death as a result of a law enforcement officer's use of force, regardless of whether the law enforcement officer is arrested for, charged with, or convicted of committing a crime. 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 provide 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, 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 eligibility determination from being used as evidence in any action, disciplinary investigation, 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 involvement 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 law enforcement agency in the apprehension and conviction 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 law enforcement officer's use of force, as described above, would prohibit the board from denying an application based on certain circumstances, including the victim's or other applicant's involvement in the crime, except 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 denying an application based on the deceased victim's involvement in the crime or the victim's or derivative victim's failure to cooperate. The bill would additionally prohibit the board from denying a claim for psychiatric, psychological, or mental health counseling-related expenses, or for funeral and burial expenses, based on a victim's or derivative victim's involvement in the crime or failure to cooperate. (4) Existing law 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 investigation, or proceeding relating to the employment or duties of the law enforcement officer, as provided.

Bill Sponsors (6)

Votes


Actions


May 04, 2021

Senate

May 3 hearing: Placed on APPR suspense file.

Apr 21, 2021

Senate

Set for hearing May 3.

Apr 14, 2021

Senate

From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (April 13). Re-referred to Com. on APPR.

  • Committee-Passage
  • Committee-Passage-Favorable
  • Referral-Committee
Com. on APPR.

Mar 25, 2021

Senate

From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

  • Amendment-Passage
  • Committee-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on PUB. S.

Mar 23, 2021

Senate

Set for hearing April 13.

Mar 18, 2021

Senate

Re-referred to Com. on PUB. S.

  • Referral-Committee
Com. on PUB. S.

Mar 04, 2021

Senate

From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  • Amendment-Passage
  • Committee-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on RLS.

Feb 22, 2021

Senate

Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)

Senate

(Ayes 32. Noes 4.)

Senate

Art. IV. Sec. 8(a) of the Constitution dispensed with.

Feb 10, 2021

Senate

Referred to Com. on RLS.

  • Referral-Committee
Com. on RLS.

Feb 04, 2021

Senate

From printer. May be acted upon on or after March 6.

Feb 03, 2021

Senate

Introduced. Read first time. To Com. on RLS. for assignment. To print.

Bill Text

Bill Text Versions Format
SB299 HTML
02/03/21 - Introduced PDF
03/04/21 - Amended Senate PDF
03/25/21 - Amended Senate PDF

Related Documents

Document Format
No related documents.

Sources

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