Amended in Senate June 15, 2014

Amended in Assembly May 6, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2264


Introduced by Assembly Member Levine

February 21, 2014


An act tobegin delete add Section 1220.1 to the Health and Safety Code, relating to clinics.end deletebegin insert amend Sections 13955 and 13957 of the Government Code, and to amend Sections 600.2 and 600.5 of the Penal Code, relating to victim compensation, and making an appropriation therefor.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2264, as amended, Levine. begin deleteClinics: licensure and regulation: exemptions. end deletebegin insertVictim compensation: guide, signal, or service dogs.end insert

begin insert

Existing law provides for the compensation of victims and derivative victims of certain crimes by the California Victim Compensation and Government Claims Board from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of those crimes. Existing law establishes limits on the amount of compensation the board may award, and sets forth eligibility requirements for compensation, including, among others, that the victim or derivative victim suffer physical injury or emotional injury and a threat of physical injury, as specified.

end insert
begin insert

Under existing law, it is an infraction or a misdemeanor for any person to permit any dog which is owned, harbored, or controlled by him or her to cause injury to or the death of any guide, signal, or service dog, as defined, while the guide, signal, or service dog is in discharge of its duties. Existing law makes any person who intentionally causes injury to or the death of any guide, signal, or service dog, as defined, while the dog is in discharge of its duties, guilty of a misdemeanor. Under existing law, if a defendant is convicted of either of these crimes, the defendant is required to make restitution to the person with the disability who has custody or ownership of the dog for any veterinary bills, replacement costs of the dog, or other reasonable costs deemed appropriate by the court if the dog is disabled or killed.

end insert
begin insert

This bill would provide that persons with a disability whose guide, signal, or service dog is disabled or killed due to either of the crimes described above are eligible for compensation from the Restitution Fund if the defendant is unable to make restitution.

end insert
begin insert

By expanding the authorization for the use of moneys in the Restitution Fund, a continuously appropriated fund, this bill would make an appropriation.

end insert
begin delete

Existing law provides for and regulation the licensure, of clinics, as defined, by the State Department of Public Health. Under existing law, specified types of clinics are exempted from these licensing provisions, including a clinic that is conducted, maintained, or operated by a federally recognized Indian tribe and is located on land recognized as tribal land by the federal government.

end delete
begin delete

This bill would require the department to negotiate with any federally recognized tribe for a program under which the tribe would be responsible for carrying out the department’s duties regarding the licensing and regulation of certain primary care clinics if the tribe and the clinic meet specified requirements.

end delete

Vote: begin deletemajority end deletebegin insert23end insert. Appropriation: begin deleteno end deletebegin insertyesend insert. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 13955 of the end insertbegin insertGovernment Codeend insertbegin insert is
2amended to read:end insert

3

13955.  

Except as provided in Section 13956, a person shall be
4eligible for compensation when all of the following requirements
5are met:

6(a) The person for whom compensation is being sought is any
7of the following:

8(1) A victim.

9(2) A derivative victim.

P3    1(3) (A) A person who is entitled to reimbursement for funeral,
2burial, or crime scene cleanup expenses pursuant to paragraph (9)
3of subdivision (a) of Section 13957.

4(B) This paragraph applies without respect to any felon status
5of the victim.

6(b) Either of the following conditions is met:

7(1) The crime occurred within this state, whether or not the
8victim is a resident of the state. This paragraph shall apply only
9during those time periods during which the board determines that
10federal funds are available to the state for the compensation of
11victims of crime.

12(2) Whether or not the crime occurred within the State of
13California, the victim was any of the following:

14(A) A resident of the state.

15(B) A member of the military stationed in California.

16(C) A family member living with a member of the military
17stationed in this state.

18(c) If compensation is being sought for a derivative victim, the
19derivative victim is a resident of this state, or resident of another
20state, who is any of the following:

21(1) At the time of the crime was the parent, grandparent, sibling,
22spouse, child, or grandchild of the victim.

23(2) At the time of the crime was living in the household of the
24victim.

25(3) At the time of the crime was a person who had previously
26lived in the household of the victim for a period of not less than
27two years in a relationship substantially similar to a relationship
28listed in paragraph (1).

29(4) Is another family member of the victim, including, but not
30limited to, the victim’s fiancé or fiancée, and who witnessed the
31crime.

32(5) Is the primary caretaker of a minor victim, but was not the
33primary caretaker at the time of the crime.

34(d) The application is timely pursuant to Section 13953.

35(e) (1) Except as provided in paragraph (2), the injury or death
36was a direct result of a crime.

37(2) Notwithstanding paragraph (1), no act involving the
38operation of a motor vehicle, aircraft, or water vehicle that results
39in injury or death constitutes a crime for the purposes of this
P4    1chapter, except when the injury or death from such an act was any
2of the following:

3(A) Intentionally inflicted through the use of a motor vehicle,
4aircraft, or water vehicle.

5(B) Caused by a driver who fails to stop at the scene of an
6accident in violation of Section 20001 of the Vehicle Code.

7(C) Caused by a person who is under the influence of any
8alcoholic beverage or drug.

9(D) Caused by a driver of a motor vehicle in the immediate act
10of fleeing the scene of a crime in which he or she knowingly and
11willingly participated.

12(E) Caused by a person who commits vehicular manslaughter
13in violation of subdivision (b) of Section 191.5, subdivision (c) of
14Section 192, or Section 192.5 of the Penal Code.

15(F) Caused by any party where a peace officer is operating a
16motor vehicle in an effort to apprehend a suspect, and the suspect
17is evading, fleeing, or otherwise attempting to elude the peace
18officer.

19(f) As a direct result of the crime, the victim or derivative victim
20sustained one or more of the following:

21(1) Physical injury. The board may presume a child who has
22been the witness of a crime of domestic violence has sustained
23physical injury. A child who resides in a home where a crime or
24crimes of domestic violence have occurred may be presumed by
25the board to have sustained physical injury, regardless of whether
26the child has witnessed the crime.

27(2) Emotional injury and a threat of physical injury.

28(3) Emotional injury, where the crime was a violation of any of
29the following provisions:

30(A) Section 236.1, 261, 262, 271, 273a, 273d, 285, 286, 288,
31288a, 288.5, or 289, or subdivision (b) or (c) of Section 311.4, of
32the Penal Code.

33(B) Section 270 of the Penal Code, where the emotional injury
34was a result of conduct other than a failure to pay child support,
35and criminal charges were filed.

36(C) Section 261.5 of the Penal Code, and criminal charges were
37filed.

38(D) Section 278 or 278.5 of the Penal Code, where the
39deprivation of custody as described in those sections has endured
40for 30 calendar days or more. For purposes of this paragraph, the
P5    1child, and not the nonoffending parent or other caretaker, shall be
2deemed the victim.

begin insert

3(4) Injury to, or the death of, a guide, signal, or service dog, as
4defined in Section 54.1 of the Civil Code, as a result of a violation
5of Section 600.2 or 600.5 of the Penal Code. This paragraph shall
6apply only if the defendant is unable to make restitution to the
7victim pursuant to Section 600.2 or 600.5 of the Penal Code.

end insert

8(g) The injury or death has resulted or may result in pecuniary
9loss within the scope of compensation pursuant to Sections 13957
10to 13957.7, inclusive.

11begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 13957 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
12read:end insert

13

13957.  

(a) The board may grant for pecuniary loss, when the
14board determines it will best aid the person seeking compensation,
15as follows:

16(1) Subject to the limitations set forth in Section 13957.2,
17reimburse the amount of medical or medical-related expenses
18incurred by the victim, including, but not limited to, eyeglasses,
19hearing aids, dentures, or any prosthetic device taken, lost, or
20destroyed during the commission of the crime, or the use of which
21became necessary as a direct result of the crime.

22(2) Subject to the limitations set forth in Section 13957.2,
23reimburse the amount of outpatient psychiatric, psychological, or
24other mental health counseling-related expenses incurred by the
25victim or derivative victim, including peer counseling services
26provided by a rape crisis center as defined by Section 13837 of
27the Penal Code, and including family psychiatric, psychological,
28or mental health counseling for the successful treatment of the
29victim provided to family members of the victim in the presence
30of the victim, whether or not the family member relationship
31existed at the time of the crime, that became necessary as a direct
32result of the crime, subject to the following conditions:

33(A) The following persons may be reimbursed for the expense
34of their outpatient mental health counseling in an amount not to
35exceed ten thousand dollars ($10,000):

36(i) A victim.

37(ii) A derivative victim who is the surviving parent, sibling,
38child, spouse, fiancé, or fiancée of a victim of a crime that directly
39resulted in the death of the victim.

P6    1(iii) A derivative victim, as described in paragraphs (1) to (4),
2inclusive, of subdivision (c) of Section 13955, who is the primary
3caretaker of a minor victim whose claim is not denied or reduced
4pursuant to Section 13956 in a total amount not to exceed ten
5thousand dollars ($10,000) for not more than two derivative
6victims.

7(B) The following persons may be reimbursed for the expense
8of their outpatient mental health counseling in an amount not to
9exceed five thousand dollars ($5,000):

10(i) A derivative victim not eligible for reimbursement pursuant
11to subparagraph (A), provided that mental health counseling of a
12derivative victim described in paragraph (5) of subdivision (c) of
13Section 13955, shall be reimbursed only if that counseling is
14necessary for the treatment of the victim.

15(ii) A victim of a crime of unlawful sexual intercourse with a
16minor committed in violation of subdivision (d) of Section 261.5
17of the Penal Code. A derivative victim of a crime committed in
18violation of subdivision (d) of Section 261.5 of the Penal Code
19shall not be eligible for reimbursement of mental health counseling
20expenses.

21(iii) A minor who suffers emotional injury as a direct result of
22witnessing a violent crime and who is not eligible for
23reimbursement of the costs of outpatient mental health counseling
24under any other provision of this chapter. To be eligible for
25reimbursement under this clause, the minor must have been in
26close proximity to the victim when he or she witnessed the crime.

27(C) The board may reimburse a victim or derivative victim for
28outpatient mental health counseling in excess of that authorized
29by subparagraph (A) or (B) or for inpatient psychiatric,
30psychological, or other mental health counseling if the claim is
31based on dire or exceptional circumstances that require more
32extensive treatment, as approved by the board.

33(D) Expenses for psychiatric, psychological, or other mental
34health counseling-related services may be reimbursed only if the
35services were provided by either of the following individuals:

36(i) A person who would have been authorized to provide those
37services pursuant to former Article 1 (commencing with Section
3813959) as it read on January 1, 2002.

39(ii) A person who is licensed by the state to provide those
40services, or who is properly supervised by a person who is so
P7    1licensed, subject to the board’s approval and subject to the
2limitations and restrictions the board may impose.

3(3) Reimburse the expenses of nonmedical remedial care and
4treatment rendered in accordance with a religious method of healing
5recognized by state law.

6(4) Subject to the limitations set forth in Section 13957.5,
7authorize compensation equal to the loss of income or loss of
8support, or both, that a victim or derivative victim incurs as a direct
9result of the victim’s or derivative victim’s injury or the victim’s
10death. If the victim or derivative victim requests that the board
11give priority to reimbursement of loss of income or support, the
12board may not pay medical expenses, or mental health counseling
13expenses, except upon the request of the victim or derivative victim
14or after determining that payment of these expenses will not
15decrease the funds available for payment of loss of income or
16support.

17(5) Authorize a cash payment to or on behalf of the victim for
18job retraining or similar employment-oriented services.

19(6) Reimburse the claimant for the expense of installing or
20increasing residential security, not to exceed one thousand dollars
21($1,000). Reimbursement shall be made either upon verification
22by law enforcement that the security measures are necessary for
23the personal safety of the claimant or verification by a mental
24health treatment provider that the security measures are necessary
25for the emotional well-being of the claimant. For purposes of this
26paragraph, a claimant is the crime victim, or, if the victim is
27deceased, a person who resided with the deceased at the time of
28the crime. Installing or increasing residential security may include,
29but need not be limited to, both of the following:

30(A) Home security device or system.

31(B) Replacing or increasing the number of locks.

32(7) Reimburse the expense of renovating or retrofitting a
33victim’s residence or a vehicle, or both, to make the residence, the
34vehicle, or both, accessible or the vehicle operational by a victim
35upon verification that the expense is medically necessary for a
36victim who is permanently disabled as a direct result of the crime,
37whether the disability is partial or total.

38(8) (A) Authorize a cash payment or reimbursement not to
39exceed two thousand dollars ($2,000) to a victim for expenses
40incurred in relocating, if the expenses are determined by law
P8    1enforcement to be necessary for the personal safety of the victim
2or by a mental health treatment provider to be necessary for the
3emotional well-being of the victim.

4(B) The cash payment or reimbursement made under this
5paragraph shall only be awarded to one claimant per crime giving
6rise to the relocation. The board may authorize more than one
7relocation per crime if necessary for the personal safety or
8emotional well-being of the claimant. However, the total cash
9payment or reimbursement for all relocations due to the same crime
10shall not exceed two thousand dollars ($2,000). For purposes of
11this paragraph a claimant is the crime victim, or, if the victim is
12deceased, a person who resided with the deceased at the time of
13the crime.

14(C) The board may, under compelling circumstances, award a
15second cash payment or reimbursement to a victim for another
16crime if both of the following conditions are met:

17(i) The crime occurs more than three years from the date of the
18crime giving rise to the initial relocation cash payment or
19reimbursement.

20(ii) The crime does not involve the same offender.

21(D) When a relocation payment or reimbursement is provided
22to a victim of sexual assault or domestic violence and the identity
23of the offender is known to the victim, the victim shall agree not
24to inform the offender of the location of the victim’s new residence
25and not to allow the offender on the premises at any time, or shall
26agree to seek a restraining order against the offender.

27(E) Notwithstanding subparagraphs (A) and (B), the board may
28increase the cash payment or reimbursement for expenses incurred
29in relocating to an amount greater than two thousand dollars
30($2,000), if the board finds this amount is appropriate due to the
31unusual, dire, or exceptional circumstances of a particular claim.

32(9) When a victim dies as a result of a crime, the board may
33reimburse any individual who voluntarily, and without anticipation
34of personal gain, pays or assumes the obligation to pay any of the
35following expenses:

36(A) The medical expenses incurred as a direct result of the crime
37in an amount not to exceed the rates or limitations established by
38the board.

P9    1(B) The funeral and burial expenses incurred as a direct result
2of the crime, not to exceed seven thousand five hundred dollars
3($7,500).

4(10) When the crime occurs in a residence, the board may
5reimburse any individual who voluntarily, and without anticipation
6of personal gain, pays or assumes the obligation to pay the
7reasonable costs to clean the scene of the crime in an amount not
8to exceed one thousand dollars ($1,000). Services reimbursed
9pursuant to this subdivision shall be performed by persons
10registered with the State Department of Public Health as trauma
11scene waste practitioners in accordance with Chapter 9.5
12(commencing with Section 118321) of Part 14 of Division 104 of
13the Health and Safety Code.

begin insert

14(11) When the crime is a violation of Section 600.2 or 600.5 of
15the Penal Code, reimburse the expense of veterinary services,
16replacement costs, or other reasonable expenses, as ordered by
17the court pursuant to Section 600.2 or 600.5 of the Penal Code.
18This paragraph shall apply only if the defendant is unable to make
19restitution to the victim.

end insert

20(b) The total award to or on behalf of each victim or derivative
21victim may not exceed thirty-five thousand dollars ($35,000),
22except that this amount may be increased to seventy thousand
23dollars ($70,000) if federal funds for that increase are available.

24begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 600.2 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

25

600.2.  

(a) It is a crime for any person to permit any dog which
26is owned, harbored, or controlled by him or her to cause injury to
27or the death of any guide, signal, or service dog, as defined by
28Section 54.1 of the Civil Code, while the guide, signal, or service
29dog is in discharge of its duties.

30(b) A violation of this section is an infraction punishable by a
31fine not to exceed two hundred fifty dollars ($250) if the injury or
32death to any guide, signal, or service dog is caused by the person’s
33failure to exercise ordinary care in the control of his or her dog.

34(c) A violation of this section is a misdemeanor if the injury or
35death to any guide, signal, or service dog is caused by the person’s
36reckless disregard in the exercise of control over his or her dog,
37under circumstances that constitute such a departure from the
38conduct of a reasonable person as to be incompatible with a proper
39regard for the safety and life of any guide, signal, or service dog.
40A violation of this subdivision shall be punishable by imprisonment
P10   1in a county jail not exceeding one year, or by a fine of not less
2than two thousand five hundred dollars ($2,500) nor more than
3five thousand dollars ($5,000), or both. The court shall consider
4the costs ordered pursuant to subdivision (d) when determining
5the amount of any fines.

6(d) In any case in which a defendant is convicted of a violation
7of this section, the defendant shall be ordered to make restitution
8to the person with a disability who has custody or ownership of
9the guide, signal, or service dog for any veterinary bills and
10replacement costs of the dog if it is disabled or killed, or other
11reasonable costs deemed appropriate by the court. The costs
12ordered pursuant to this subdivision shall be paid prior to any fines.
13begin insert If the defendant is unable to make restitution, the person with the
14disability may apply for compensation by the California Victim
15Compensation and Government Claims Board pursuant to Chapter
165 (commencing with Section 13950) of Part 4 of Division 3 of Title
172 of the Government Code.end insert

18begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 600.5 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

19

600.5.  

(a) Any person who intentionally causes injury to or
20the death of any guide, signal, or service dog, as defined by Section
2154.1 of the Civil Code, while the dog is in discharge of its duties,
22is guilty of a misdemeanor, punishable by imprisonment in a county
23jail not exceeding one year, or by a fine not exceeding ten thousand
24dollars ($10,000), or by both a fine and imprisonment. The court
25shall consider the costs ordered pursuant to subdivision (b) when
26determining the amount of any fines.

27(b) In any case in which a defendant is convicted of a violation
28of this section, the defendant shall be ordered to make restitution
29to the person with a disability who has custody or ownership of
30the dog for any veterinary bills and replacement costs of the dog
31if it is disabled or killed, or other reasonable costs deemed
32appropriate by the court. The costs ordered pursuant to this
33subdivision shall be paid prior to any fines.begin insert If the defendant is
34unable to make restitution, the person with the disability may apply
35for compensation by the California Victim Compensation and
36Government Claims Board pursuant to Chapter 5 (commencing
37with Section 13950) of Part 4 of Division 3 of Title 2 of the
38Government Code.end insert

begin delete
39

SECTION 1.  

Section 1220.1 is added to the Health and Safety
40Code
, immediately following Section 1220, to read:

P11   1

1220.1.  

(a) The State Department of Public Health shall
2negotiate with any federally recognized tribe for a delegated
3program under which the tribe shall assume responsibility for
4carrying out the department’s duties regarding licensing and
5regulation of a primary care clinic subject to this chapter, including
6any implementing regulations.

7(b) A tribe is qualified to participate in a program under
8subdivision (a) if the tribe operates or intends to operate a clinic
9under contract with the Indian Health Service (IHS) pursuant to
10the Indian Self-Determination and Education Assistance Act
11(Public Law 93-638) and the tribe is operating or intends to operate
12the clinic within its IHS contract health service delivery area, as
13described in Section 1680 of Title 25 of the United States Code.

14(c) A clinic under this section shall be enrolled in the Medi-Cal
15program or pending enrollment because the tribe intends to enroll
16the clinic when a license to operate the clinic is granted.

17(d) The department shall ensure an agreement entered into under
18this section retains the department’s authority to ensure the clinic
19and tribe are meeting the requirements of state law regarding the
20operation of clinics.

21(e) This section shall not be construed to extend state authority
22over the operation of a primary care clinic beyond what is required
23by this chapter, including any implementing regulations.

24(f) The department may approve a process carried out by the
25tribe that deviates from state requirements if the process is as
26protective of the public and complies with federal law, regulations,
27or contract requirements.

end delete


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