California 2019-2020 Regular Session

California Assembly Bill AB2649 Compare Versions

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11 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2649Introduced by Assembly Member WeberFebruary 20, 2020 An act to amend Section 13956 of the Government Code, relating to victim compensation, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGESTAB 2649, as introduced, Weber. Victim compensation: funeral and burial costs.Existing law authorizes 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 sets forth eligibility requirements for reimbursement, including authorizing the board to deny an application, in whole or in part, if the board finds that denial is appropriate because of the nature of the victims or other applicants involvement in the events leading to the crime.This bill would prohibit the board from taking into consideration the victims or other applicants involvement in the events leading to the crime when determining eligibility to receive funeral or burial costs. By authorizing payment for these costs to a new group of people, this bill would make an appropriation.Digest Key Vote: 2/3 Appropriation: YES Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 13956 of the Government Code is amended to read:13956. Notwithstanding Section 13955, a person shall not be eligible for compensation under the following conditions:(a) An application may be denied, in whole or in part, if the board finds that denial is appropriate because of the nature of the victims or other applicants involvement in the events leading to the crime, or the involvement of the person whose injury or death gives rise to the application.(1) Factors that may be considered in determining whether the victim or derivative victim was involved in the events leading to the qualifying crime include, but are not limited to:(A) The victim or derivative victim initiated the qualifying crime, or provoked or aggravated the suspect into initiating the qualifying crime.(B) The qualifying crime was a reasonably foreseeable consequence of the conduct of the victim or derivative victim.(C) The victim or derivative victim was committing a crime that could be charged as a felony and reasonably lead to him or her the victim being victimized. However, committing a crime shall not be considered involvement if the victims injury or death occurred as a direct result of a crime committed in violation of Section 261, 262, or 273.5 of, or for a crime of unlawful sexual intercourse with a minor in violation of subdivision (d) of Section 261.5 of, the Penal Code.(2) If the victim is determined to have been involved in the events leading to the qualifying crime, factors that may be considered to mitigate or overcome involvement include, but are not limited to:(A) The victims injuries were significantly more serious than reasonably could have been expected based on the victims level of involvement.(B) A third party interfered in a manner not reasonably foreseeable by the victim or derivative victim.(C) The board shall consider the victims age, physical condition, and psychological state, as well as any compelling health and safety concerns, in determining whether the application should be denied pursuant to this section. The application of a derivative victim of domestic violence under 18 years of age or derivative victim of trafficking under 18 years of age shall not be denied on the basis of the denial of the victims application under this subdivision.(3) The nature of the victims or other applicants involvement in the events leading to the crime shall not be taken into consideration when determining eligibility to receive funeral or burial costs.(b) (1) An application shall be denied if the board finds that the victim or, if compensation is sought by, or on behalf of, a derivative victim, either the victim or derivative victim failed to cooperate reasonably with a law enforcement agency in the apprehension and conviction of a criminal committing the crime. In determining whether cooperation has been reasonable, the board shall consider the victims or derivative victims age, physical condition, and psychological state, cultural or linguistic barriers, any compelling health and safety concerns, including, but not limited to, a reasonable fear of retaliation or harm that would jeopardize the well-being of the victim or the victims family or the derivative victim or the derivative victims family, and giving due consideration to the degree of cooperation of which the victim or derivative victim is capable in light of the presence of any of these factors. A victim of domestic violence shall not be determined to have failed to cooperate based on his or her conduct with law enforcement at the scene of the crime. Lack of cooperation shall also not be found solely because a victim of sexual assault, domestic violence, or human trafficking delayed reporting the qualifying crime.(2) An application for a claim based on domestic violence shall not be denied solely because a police report was not made by the victim. The board shall adopt guidelines that allow the board to consider and approve applications for assistance based on domestic violence relying upon evidence other than a police report to establish that a domestic violence crime has occurred. Factors evidencing that a domestic violence crime has occurred may include, but are not limited to, medical records documenting injuries consistent with allegations of domestic violence, mental health records, or that the victim has obtained a permanent restraining order.(3) An application for a claim based on a sexual assault shall not be denied solely because a police report was not made by the victim. The board shall adopt guidelines that allow it to consider and approve applications for assistance based on a sexual assault relying upon evidence other than a police report to establish that a sexual assault crime has occurred. Factors evidencing that a sexual assault crime has occurred may include, but are not limited to, medical records documenting injuries consistent with allegations of sexual assault, mental health records, or that the victim received a sexual assault examination.(4) An application for a claim based on human trafficking trafficking, as defined in Section 236.1 of the Penal Code Code, shall not be denied solely because no a police report was not made by the victim. The board shall adopt guidelines that allow the board to consider and approve applications for assistance based on human trafficking relying upon evidence other than a police report to establish that a human trafficking crime as defined in Section 236.1 of the Penal Code has occurred. That evidence may include any reliable corroborating information approved by the board, including, but not limited to, the following:(A) A Law Enforcement Agency Endorsement issued pursuant to Section 236.2 of the Penal Code.(B) A human trafficking caseworker, as identified in Section 1038.2 of the Evidence Code, has attested by affidavit that the individual was a victim of human trafficking.(5) (A) An application for a claim by a military personnel victim based on a sexual assault by another military personnel shall not be denied solely because it was not reported to a superior officer or law enforcement at the time of the crime.(B) Factors that the board shall consider for purposes of determining if a claim qualifies for compensation include, but are not limited to, the evidence of the following:(i) Restricted or unrestricted reports to a military victim advocate, sexual assault response coordinator, chaplain, attorney, or other military personnel.(ii) Medical or physical evidence consistent with sexual assault.(iii) A written or oral report from military law enforcement or a civilian law enforcement agency concluding that a sexual assault crime was committed against the victim.(iv) A letter or other written statement from a sexual assault counselor, as defined in Section 1035.2 of the Evidence Code, licensed therapist, or mental health counselor, stating that the victim is seeking services related to the allegation of sexual assault.(v) A credible witness to whom the victim disclosed the details that a sexual assault crime occurred.(vi) A restraining order from a military or civilian court against the perpetrator of the sexual assault.(vii) Other behavior by the victim consistent with sexual assault.(C) For purposes of this subdivision, the sexual assault at issue shall have occurred during military service, including deployment.(D) For purposes of this subdivision, the sexual assault may have been committed off base.(E) For purposes of this subdivision, a perpetrator means an individual who is any of the following at the time of the sexual assault:(i) An active duty military personnel from the United States Army, Navy, Marine Corps, Air Force, or Coast Guard.(ii) A civilian employee of any a military branch specified in clause (i), military base, or military deployment.(iii) A contractor or agent of a private military or private security company.(iv) A member of the California National Guard.(F) For purposes of this subdivision, sexual assault means an offense included in Section 261, 262, 264.1, 286, 287, formerly 288a, or Section 289 of the Penal Code, as of the date the act that added this paragraph was enacted. January 1, 2015.(c) (1) Notwithstanding Section 13955, no a person who is convicted of a violent felony listed in subdivision (c) of Section 667.5 of the Penal Code may not be granted compensation until that person has been discharged from probation or has been released from a correctional institution and has been discharged from parole, or has been discharged from postrelease community supervision or mandatory supervision, if any, for that violent crime. In no case shall compensation Compensation shall not be granted to an applicant pursuant to this chapter during any period of time while the applicant is held in a correctional institution, institution or while an applicant is required to register as a sex offender pursuant to Section 290 of the Penal Code.(2) A person who has been convicted of a violent felony listed in subdivision (c) of Section 667.5 of the Penal Code may apply for compensation pursuant to this chapter at any time, but the award of that compensation may not be considered until the applicant meets the requirements for compensation set forth in paragraph (1).
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33 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2649Introduced by Assembly Member WeberFebruary 20, 2020 An act to amend Section 13956 of the Government Code, relating to victim compensation, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGESTAB 2649, as introduced, Weber. Victim compensation: funeral and burial costs.Existing law authorizes 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 sets forth eligibility requirements for reimbursement, including authorizing the board to deny an application, in whole or in part, if the board finds that denial is appropriate because of the nature of the victims or other applicants involvement in the events leading to the crime.This bill would prohibit the board from taking into consideration the victims or other applicants involvement in the events leading to the crime when determining eligibility to receive funeral or burial costs. By authorizing payment for these costs to a new group of people, this bill would make an appropriation.Digest Key Vote: 2/3 Appropriation: YES Fiscal Committee: YES Local Program: NO
44
55
66
77
88
99 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
1010
1111 Assembly Bill
1212
1313 No. 2649
1414
1515 Introduced by Assembly Member WeberFebruary 20, 2020
1616
1717 Introduced by Assembly Member Weber
1818 February 20, 2020
1919
2020 An act to amend Section 13956 of the Government Code, relating to victim compensation, and making an appropriation therefor.
2121
2222 LEGISLATIVE COUNSEL'S DIGEST
2323
2424 ## LEGISLATIVE COUNSEL'S DIGEST
2525
2626 AB 2649, as introduced, Weber. Victim compensation: funeral and burial costs.
2727
2828 Existing law authorizes 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 sets forth eligibility requirements for reimbursement, including authorizing the board to deny an application, in whole or in part, if the board finds that denial is appropriate because of the nature of the victims or other applicants involvement in the events leading to the crime.This bill would prohibit the board from taking into consideration the victims or other applicants involvement in the events leading to the crime when determining eligibility to receive funeral or burial costs. By authorizing payment for these costs to a new group of people, this bill would make an appropriation.
2929
3030 Existing law authorizes 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 sets forth eligibility requirements for reimbursement, including authorizing the board to deny an application, in whole or in part, if the board finds that denial is appropriate because of the nature of the victims or other applicants involvement in the events leading to the crime.
3131
3232 This bill would prohibit the board from taking into consideration the victims or other applicants involvement in the events leading to the crime when determining eligibility to receive funeral or burial costs. By authorizing payment for these costs to a new group of people, this bill would make an appropriation.
3333
3434 ## Digest Key
3535
3636 ## Bill Text
3737
3838 The people of the State of California do enact as follows:SECTION 1. Section 13956 of the Government Code is amended to read:13956. Notwithstanding Section 13955, a person shall not be eligible for compensation under the following conditions:(a) An application may be denied, in whole or in part, if the board finds that denial is appropriate because of the nature of the victims or other applicants involvement in the events leading to the crime, or the involvement of the person whose injury or death gives rise to the application.(1) Factors that may be considered in determining whether the victim or derivative victim was involved in the events leading to the qualifying crime include, but are not limited to:(A) The victim or derivative victim initiated the qualifying crime, or provoked or aggravated the suspect into initiating the qualifying crime.(B) The qualifying crime was a reasonably foreseeable consequence of the conduct of the victim or derivative victim.(C) The victim or derivative victim was committing a crime that could be charged as a felony and reasonably lead to him or her the victim being victimized. However, committing a crime shall not be considered involvement if the victims injury or death occurred as a direct result of a crime committed in violation of Section 261, 262, or 273.5 of, or for a crime of unlawful sexual intercourse with a minor in violation of subdivision (d) of Section 261.5 of, the Penal Code.(2) If the victim is determined to have been involved in the events leading to the qualifying crime, factors that may be considered to mitigate or overcome involvement include, but are not limited to:(A) The victims injuries were significantly more serious than reasonably could have been expected based on the victims level of involvement.(B) A third party interfered in a manner not reasonably foreseeable by the victim or derivative victim.(C) The board shall consider the victims age, physical condition, and psychological state, as well as any compelling health and safety concerns, in determining whether the application should be denied pursuant to this section. The application of a derivative victim of domestic violence under 18 years of age or derivative victim of trafficking under 18 years of age shall not be denied on the basis of the denial of the victims application under this subdivision.(3) The nature of the victims or other applicants involvement in the events leading to the crime shall not be taken into consideration when determining eligibility to receive funeral or burial costs.(b) (1) An application shall be denied if the board finds that the victim or, if compensation is sought by, or on behalf of, a derivative victim, either the victim or derivative victim failed to cooperate reasonably with a law enforcement agency in the apprehension and conviction of a criminal committing the crime. In determining whether cooperation has been reasonable, the board shall consider the victims or derivative victims age, physical condition, and psychological state, cultural or linguistic barriers, any compelling health and safety concerns, including, but not limited to, a reasonable fear of retaliation or harm that would jeopardize the well-being of the victim or the victims family or the derivative victim or the derivative victims family, and giving due consideration to the degree of cooperation of which the victim or derivative victim is capable in light of the presence of any of these factors. A victim of domestic violence shall not be determined to have failed to cooperate based on his or her conduct with law enforcement at the scene of the crime. Lack of cooperation shall also not be found solely because a victim of sexual assault, domestic violence, or human trafficking delayed reporting the qualifying crime.(2) An application for a claim based on domestic violence shall not be denied solely because a police report was not made by the victim. The board shall adopt guidelines that allow the board to consider and approve applications for assistance based on domestic violence relying upon evidence other than a police report to establish that a domestic violence crime has occurred. Factors evidencing that a domestic violence crime has occurred may include, but are not limited to, medical records documenting injuries consistent with allegations of domestic violence, mental health records, or that the victim has obtained a permanent restraining order.(3) An application for a claim based on a sexual assault shall not be denied solely because a police report was not made by the victim. The board shall adopt guidelines that allow it to consider and approve applications for assistance based on a sexual assault relying upon evidence other than a police report to establish that a sexual assault crime has occurred. Factors evidencing that a sexual assault crime has occurred may include, but are not limited to, medical records documenting injuries consistent with allegations of sexual assault, mental health records, or that the victim received a sexual assault examination.(4) An application for a claim based on human trafficking trafficking, as defined in Section 236.1 of the Penal Code Code, shall not be denied solely because no a police report was not made by the victim. The board shall adopt guidelines that allow the board to consider and approve applications for assistance based on human trafficking relying upon evidence other than a police report to establish that a human trafficking crime as defined in Section 236.1 of the Penal Code has occurred. That evidence may include any reliable corroborating information approved by the board, including, but not limited to, the following:(A) A Law Enforcement Agency Endorsement issued pursuant to Section 236.2 of the Penal Code.(B) A human trafficking caseworker, as identified in Section 1038.2 of the Evidence Code, has attested by affidavit that the individual was a victim of human trafficking.(5) (A) An application for a claim by a military personnel victim based on a sexual assault by another military personnel shall not be denied solely because it was not reported to a superior officer or law enforcement at the time of the crime.(B) Factors that the board shall consider for purposes of determining if a claim qualifies for compensation include, but are not limited to, the evidence of the following:(i) Restricted or unrestricted reports to a military victim advocate, sexual assault response coordinator, chaplain, attorney, or other military personnel.(ii) Medical or physical evidence consistent with sexual assault.(iii) A written or oral report from military law enforcement or a civilian law enforcement agency concluding that a sexual assault crime was committed against the victim.(iv) A letter or other written statement from a sexual assault counselor, as defined in Section 1035.2 of the Evidence Code, licensed therapist, or mental health counselor, stating that the victim is seeking services related to the allegation of sexual assault.(v) A credible witness to whom the victim disclosed the details that a sexual assault crime occurred.(vi) A restraining order from a military or civilian court against the perpetrator of the sexual assault.(vii) Other behavior by the victim consistent with sexual assault.(C) For purposes of this subdivision, the sexual assault at issue shall have occurred during military service, including deployment.(D) For purposes of this subdivision, the sexual assault may have been committed off base.(E) For purposes of this subdivision, a perpetrator means an individual who is any of the following at the time of the sexual assault:(i) An active duty military personnel from the United States Army, Navy, Marine Corps, Air Force, or Coast Guard.(ii) A civilian employee of any a military branch specified in clause (i), military base, or military deployment.(iii) A contractor or agent of a private military or private security company.(iv) A member of the California National Guard.(F) For purposes of this subdivision, sexual assault means an offense included in Section 261, 262, 264.1, 286, 287, formerly 288a, or Section 289 of the Penal Code, as of the date the act that added this paragraph was enacted. January 1, 2015.(c) (1) Notwithstanding Section 13955, no a person who is convicted of a violent felony listed in subdivision (c) of Section 667.5 of the Penal Code may not be granted compensation until that person has been discharged from probation or has been released from a correctional institution and has been discharged from parole, or has been discharged from postrelease community supervision or mandatory supervision, if any, for that violent crime. In no case shall compensation Compensation shall not be granted to an applicant pursuant to this chapter during any period of time while the applicant is held in a correctional institution, institution or while an applicant is required to register as a sex offender pursuant to Section 290 of the Penal Code.(2) A person who has been convicted of a violent felony listed in subdivision (c) of Section 667.5 of the Penal Code may apply for compensation pursuant to this chapter at any time, but the award of that compensation may not be considered until the applicant meets the requirements for compensation set forth in paragraph (1).
3939
4040 The people of the State of California do enact as follows:
4141
4242 ## The people of the State of California do enact as follows:
4343
4444 SECTION 1. Section 13956 of the Government Code is amended to read:13956. Notwithstanding Section 13955, a person shall not be eligible for compensation under the following conditions:(a) An application may be denied, in whole or in part, if the board finds that denial is appropriate because of the nature of the victims or other applicants involvement in the events leading to the crime, or the involvement of the person whose injury or death gives rise to the application.(1) Factors that may be considered in determining whether the victim or derivative victim was involved in the events leading to the qualifying crime include, but are not limited to:(A) The victim or derivative victim initiated the qualifying crime, or provoked or aggravated the suspect into initiating the qualifying crime.(B) The qualifying crime was a reasonably foreseeable consequence of the conduct of the victim or derivative victim.(C) The victim or derivative victim was committing a crime that could be charged as a felony and reasonably lead to him or her the victim being victimized. However, committing a crime shall not be considered involvement if the victims injury or death occurred as a direct result of a crime committed in violation of Section 261, 262, or 273.5 of, or for a crime of unlawful sexual intercourse with a minor in violation of subdivision (d) of Section 261.5 of, the Penal Code.(2) If the victim is determined to have been involved in the events leading to the qualifying crime, factors that may be considered to mitigate or overcome involvement include, but are not limited to:(A) The victims injuries were significantly more serious than reasonably could have been expected based on the victims level of involvement.(B) A third party interfered in a manner not reasonably foreseeable by the victim or derivative victim.(C) The board shall consider the victims age, physical condition, and psychological state, as well as any compelling health and safety concerns, in determining whether the application should be denied pursuant to this section. The application of a derivative victim of domestic violence under 18 years of age or derivative victim of trafficking under 18 years of age shall not be denied on the basis of the denial of the victims application under this subdivision.(3) The nature of the victims or other applicants involvement in the events leading to the crime shall not be taken into consideration when determining eligibility to receive funeral or burial costs.(b) (1) An application shall be denied if the board finds that the victim or, if compensation is sought by, or on behalf of, a derivative victim, either the victim or derivative victim failed to cooperate reasonably with a law enforcement agency in the apprehension and conviction of a criminal committing the crime. In determining whether cooperation has been reasonable, the board shall consider the victims or derivative victims age, physical condition, and psychological state, cultural or linguistic barriers, any compelling health and safety concerns, including, but not limited to, a reasonable fear of retaliation or harm that would jeopardize the well-being of the victim or the victims family or the derivative victim or the derivative victims family, and giving due consideration to the degree of cooperation of which the victim or derivative victim is capable in light of the presence of any of these factors. A victim of domestic violence shall not be determined to have failed to cooperate based on his or her conduct with law enforcement at the scene of the crime. Lack of cooperation shall also not be found solely because a victim of sexual assault, domestic violence, or human trafficking delayed reporting the qualifying crime.(2) An application for a claim based on domestic violence shall not be denied solely because a police report was not made by the victim. The board shall adopt guidelines that allow the board to consider and approve applications for assistance based on domestic violence relying upon evidence other than a police report to establish that a domestic violence crime has occurred. Factors evidencing that a domestic violence crime has occurred may include, but are not limited to, medical records documenting injuries consistent with allegations of domestic violence, mental health records, or that the victim has obtained a permanent restraining order.(3) An application for a claim based on a sexual assault shall not be denied solely because a police report was not made by the victim. The board shall adopt guidelines that allow it to consider and approve applications for assistance based on a sexual assault relying upon evidence other than a police report to establish that a sexual assault crime has occurred. Factors evidencing that a sexual assault crime has occurred may include, but are not limited to, medical records documenting injuries consistent with allegations of sexual assault, mental health records, or that the victim received a sexual assault examination.(4) An application for a claim based on human trafficking trafficking, as defined in Section 236.1 of the Penal Code Code, shall not be denied solely because no a police report was not made by the victim. The board shall adopt guidelines that allow the board to consider and approve applications for assistance based on human trafficking relying upon evidence other than a police report to establish that a human trafficking crime as defined in Section 236.1 of the Penal Code has occurred. That evidence may include any reliable corroborating information approved by the board, including, but not limited to, the following:(A) A Law Enforcement Agency Endorsement issued pursuant to Section 236.2 of the Penal Code.(B) A human trafficking caseworker, as identified in Section 1038.2 of the Evidence Code, has attested by affidavit that the individual was a victim of human trafficking.(5) (A) An application for a claim by a military personnel victim based on a sexual assault by another military personnel shall not be denied solely because it was not reported to a superior officer or law enforcement at the time of the crime.(B) Factors that the board shall consider for purposes of determining if a claim qualifies for compensation include, but are not limited to, the evidence of the following:(i) Restricted or unrestricted reports to a military victim advocate, sexual assault response coordinator, chaplain, attorney, or other military personnel.(ii) Medical or physical evidence consistent with sexual assault.(iii) A written or oral report from military law enforcement or a civilian law enforcement agency concluding that a sexual assault crime was committed against the victim.(iv) A letter or other written statement from a sexual assault counselor, as defined in Section 1035.2 of the Evidence Code, licensed therapist, or mental health counselor, stating that the victim is seeking services related to the allegation of sexual assault.(v) A credible witness to whom the victim disclosed the details that a sexual assault crime occurred.(vi) A restraining order from a military or civilian court against the perpetrator of the sexual assault.(vii) Other behavior by the victim consistent with sexual assault.(C) For purposes of this subdivision, the sexual assault at issue shall have occurred during military service, including deployment.(D) For purposes of this subdivision, the sexual assault may have been committed off base.(E) For purposes of this subdivision, a perpetrator means an individual who is any of the following at the time of the sexual assault:(i) An active duty military personnel from the United States Army, Navy, Marine Corps, Air Force, or Coast Guard.(ii) A civilian employee of any a military branch specified in clause (i), military base, or military deployment.(iii) A contractor or agent of a private military or private security company.(iv) A member of the California National Guard.(F) For purposes of this subdivision, sexual assault means an offense included in Section 261, 262, 264.1, 286, 287, formerly 288a, or Section 289 of the Penal Code, as of the date the act that added this paragraph was enacted. January 1, 2015.(c) (1) Notwithstanding Section 13955, no a person who is convicted of a violent felony listed in subdivision (c) of Section 667.5 of the Penal Code may not be granted compensation until that person has been discharged from probation or has been released from a correctional institution and has been discharged from parole, or has been discharged from postrelease community supervision or mandatory supervision, if any, for that violent crime. In no case shall compensation Compensation shall not be granted to an applicant pursuant to this chapter during any period of time while the applicant is held in a correctional institution, institution or while an applicant is required to register as a sex offender pursuant to Section 290 of the Penal Code.(2) A person who has been convicted of a violent felony listed in subdivision (c) of Section 667.5 of the Penal Code may apply for compensation pursuant to this chapter at any time, but the award of that compensation may not be considered until the applicant meets the requirements for compensation set forth in paragraph (1).
4545
4646 SECTION 1. Section 13956 of the Government Code is amended to read:
4747
4848 ### SECTION 1.
4949
5050 13956. Notwithstanding Section 13955, a person shall not be eligible for compensation under the following conditions:(a) An application may be denied, in whole or in part, if the board finds that denial is appropriate because of the nature of the victims or other applicants involvement in the events leading to the crime, or the involvement of the person whose injury or death gives rise to the application.(1) Factors that may be considered in determining whether the victim or derivative victim was involved in the events leading to the qualifying crime include, but are not limited to:(A) The victim or derivative victim initiated the qualifying crime, or provoked or aggravated the suspect into initiating the qualifying crime.(B) The qualifying crime was a reasonably foreseeable consequence of the conduct of the victim or derivative victim.(C) The victim or derivative victim was committing a crime that could be charged as a felony and reasonably lead to him or her the victim being victimized. However, committing a crime shall not be considered involvement if the victims injury or death occurred as a direct result of a crime committed in violation of Section 261, 262, or 273.5 of, or for a crime of unlawful sexual intercourse with a minor in violation of subdivision (d) of Section 261.5 of, the Penal Code.(2) If the victim is determined to have been involved in the events leading to the qualifying crime, factors that may be considered to mitigate or overcome involvement include, but are not limited to:(A) The victims injuries were significantly more serious than reasonably could have been expected based on the victims level of involvement.(B) A third party interfered in a manner not reasonably foreseeable by the victim or derivative victim.(C) The board shall consider the victims age, physical condition, and psychological state, as well as any compelling health and safety concerns, in determining whether the application should be denied pursuant to this section. The application of a derivative victim of domestic violence under 18 years of age or derivative victim of trafficking under 18 years of age shall not be denied on the basis of the denial of the victims application under this subdivision.(3) The nature of the victims or other applicants involvement in the events leading to the crime shall not be taken into consideration when determining eligibility to receive funeral or burial costs.(b) (1) An application shall be denied if the board finds that the victim or, if compensation is sought by, or on behalf of, a derivative victim, either the victim or derivative victim failed to cooperate reasonably with a law enforcement agency in the apprehension and conviction of a criminal committing the crime. In determining whether cooperation has been reasonable, the board shall consider the victims or derivative victims age, physical condition, and psychological state, cultural or linguistic barriers, any compelling health and safety concerns, including, but not limited to, a reasonable fear of retaliation or harm that would jeopardize the well-being of the victim or the victims family or the derivative victim or the derivative victims family, and giving due consideration to the degree of cooperation of which the victim or derivative victim is capable in light of the presence of any of these factors. A victim of domestic violence shall not be determined to have failed to cooperate based on his or her conduct with law enforcement at the scene of the crime. Lack of cooperation shall also not be found solely because a victim of sexual assault, domestic violence, or human trafficking delayed reporting the qualifying crime.(2) An application for a claim based on domestic violence shall not be denied solely because a police report was not made by the victim. The board shall adopt guidelines that allow the board to consider and approve applications for assistance based on domestic violence relying upon evidence other than a police report to establish that a domestic violence crime has occurred. Factors evidencing that a domestic violence crime has occurred may include, but are not limited to, medical records documenting injuries consistent with allegations of domestic violence, mental health records, or that the victim has obtained a permanent restraining order.(3) An application for a claim based on a sexual assault shall not be denied solely because a police report was not made by the victim. The board shall adopt guidelines that allow it to consider and approve applications for assistance based on a sexual assault relying upon evidence other than a police report to establish that a sexual assault crime has occurred. Factors evidencing that a sexual assault crime has occurred may include, but are not limited to, medical records documenting injuries consistent with allegations of sexual assault, mental health records, or that the victim received a sexual assault examination.(4) An application for a claim based on human trafficking trafficking, as defined in Section 236.1 of the Penal Code Code, shall not be denied solely because no a police report was not made by the victim. The board shall adopt guidelines that allow the board to consider and approve applications for assistance based on human trafficking relying upon evidence other than a police report to establish that a human trafficking crime as defined in Section 236.1 of the Penal Code has occurred. That evidence may include any reliable corroborating information approved by the board, including, but not limited to, the following:(A) A Law Enforcement Agency Endorsement issued pursuant to Section 236.2 of the Penal Code.(B) A human trafficking caseworker, as identified in Section 1038.2 of the Evidence Code, has attested by affidavit that the individual was a victim of human trafficking.(5) (A) An application for a claim by a military personnel victim based on a sexual assault by another military personnel shall not be denied solely because it was not reported to a superior officer or law enforcement at the time of the crime.(B) Factors that the board shall consider for purposes of determining if a claim qualifies for compensation include, but are not limited to, the evidence of the following:(i) Restricted or unrestricted reports to a military victim advocate, sexual assault response coordinator, chaplain, attorney, or other military personnel.(ii) Medical or physical evidence consistent with sexual assault.(iii) A written or oral report from military law enforcement or a civilian law enforcement agency concluding that a sexual assault crime was committed against the victim.(iv) A letter or other written statement from a sexual assault counselor, as defined in Section 1035.2 of the Evidence Code, licensed therapist, or mental health counselor, stating that the victim is seeking services related to the allegation of sexual assault.(v) A credible witness to whom the victim disclosed the details that a sexual assault crime occurred.(vi) A restraining order from a military or civilian court against the perpetrator of the sexual assault.(vii) Other behavior by the victim consistent with sexual assault.(C) For purposes of this subdivision, the sexual assault at issue shall have occurred during military service, including deployment.(D) For purposes of this subdivision, the sexual assault may have been committed off base.(E) For purposes of this subdivision, a perpetrator means an individual who is any of the following at the time of the sexual assault:(i) An active duty military personnel from the United States Army, Navy, Marine Corps, Air Force, or Coast Guard.(ii) A civilian employee of any a military branch specified in clause (i), military base, or military deployment.(iii) A contractor or agent of a private military or private security company.(iv) A member of the California National Guard.(F) For purposes of this subdivision, sexual assault means an offense included in Section 261, 262, 264.1, 286, 287, formerly 288a, or Section 289 of the Penal Code, as of the date the act that added this paragraph was enacted. January 1, 2015.(c) (1) Notwithstanding Section 13955, no a person who is convicted of a violent felony listed in subdivision (c) of Section 667.5 of the Penal Code may not be granted compensation until that person has been discharged from probation or has been released from a correctional institution and has been discharged from parole, or has been discharged from postrelease community supervision or mandatory supervision, if any, for that violent crime. In no case shall compensation Compensation shall not be granted to an applicant pursuant to this chapter during any period of time while the applicant is held in a correctional institution, institution or while an applicant is required to register as a sex offender pursuant to Section 290 of the Penal Code.(2) A person who has been convicted of a violent felony listed in subdivision (c) of Section 667.5 of the Penal Code may apply for compensation pursuant to this chapter at any time, but the award of that compensation may not be considered until the applicant meets the requirements for compensation set forth in paragraph (1).
5151
5252 13956. Notwithstanding Section 13955, a person shall not be eligible for compensation under the following conditions:(a) An application may be denied, in whole or in part, if the board finds that denial is appropriate because of the nature of the victims or other applicants involvement in the events leading to the crime, or the involvement of the person whose injury or death gives rise to the application.(1) Factors that may be considered in determining whether the victim or derivative victim was involved in the events leading to the qualifying crime include, but are not limited to:(A) The victim or derivative victim initiated the qualifying crime, or provoked or aggravated the suspect into initiating the qualifying crime.(B) The qualifying crime was a reasonably foreseeable consequence of the conduct of the victim or derivative victim.(C) The victim or derivative victim was committing a crime that could be charged as a felony and reasonably lead to him or her the victim being victimized. However, committing a crime shall not be considered involvement if the victims injury or death occurred as a direct result of a crime committed in violation of Section 261, 262, or 273.5 of, or for a crime of unlawful sexual intercourse with a minor in violation of subdivision (d) of Section 261.5 of, the Penal Code.(2) If the victim is determined to have been involved in the events leading to the qualifying crime, factors that may be considered to mitigate or overcome involvement include, but are not limited to:(A) The victims injuries were significantly more serious than reasonably could have been expected based on the victims level of involvement.(B) A third party interfered in a manner not reasonably foreseeable by the victim or derivative victim.(C) The board shall consider the victims age, physical condition, and psychological state, as well as any compelling health and safety concerns, in determining whether the application should be denied pursuant to this section. The application of a derivative victim of domestic violence under 18 years of age or derivative victim of trafficking under 18 years of age shall not be denied on the basis of the denial of the victims application under this subdivision.(3) The nature of the victims or other applicants involvement in the events leading to the crime shall not be taken into consideration when determining eligibility to receive funeral or burial costs.(b) (1) An application shall be denied if the board finds that the victim or, if compensation is sought by, or on behalf of, a derivative victim, either the victim or derivative victim failed to cooperate reasonably with a law enforcement agency in the apprehension and conviction of a criminal committing the crime. In determining whether cooperation has been reasonable, the board shall consider the victims or derivative victims age, physical condition, and psychological state, cultural or linguistic barriers, any compelling health and safety concerns, including, but not limited to, a reasonable fear of retaliation or harm that would jeopardize the well-being of the victim or the victims family or the derivative victim or the derivative victims family, and giving due consideration to the degree of cooperation of which the victim or derivative victim is capable in light of the presence of any of these factors. A victim of domestic violence shall not be determined to have failed to cooperate based on his or her conduct with law enforcement at the scene of the crime. Lack of cooperation shall also not be found solely because a victim of sexual assault, domestic violence, or human trafficking delayed reporting the qualifying crime.(2) An application for a claim based on domestic violence shall not be denied solely because a police report was not made by the victim. The board shall adopt guidelines that allow the board to consider and approve applications for assistance based on domestic violence relying upon evidence other than a police report to establish that a domestic violence crime has occurred. Factors evidencing that a domestic violence crime has occurred may include, but are not limited to, medical records documenting injuries consistent with allegations of domestic violence, mental health records, or that the victim has obtained a permanent restraining order.(3) An application for a claim based on a sexual assault shall not be denied solely because a police report was not made by the victim. The board shall adopt guidelines that allow it to consider and approve applications for assistance based on a sexual assault relying upon evidence other than a police report to establish that a sexual assault crime has occurred. Factors evidencing that a sexual assault crime has occurred may include, but are not limited to, medical records documenting injuries consistent with allegations of sexual assault, mental health records, or that the victim received a sexual assault examination.(4) An application for a claim based on human trafficking trafficking, as defined in Section 236.1 of the Penal Code Code, shall not be denied solely because no a police report was not made by the victim. The board shall adopt guidelines that allow the board to consider and approve applications for assistance based on human trafficking relying upon evidence other than a police report to establish that a human trafficking crime as defined in Section 236.1 of the Penal Code has occurred. That evidence may include any reliable corroborating information approved by the board, including, but not limited to, the following:(A) A Law Enforcement Agency Endorsement issued pursuant to Section 236.2 of the Penal Code.(B) A human trafficking caseworker, as identified in Section 1038.2 of the Evidence Code, has attested by affidavit that the individual was a victim of human trafficking.(5) (A) An application for a claim by a military personnel victim based on a sexual assault by another military personnel shall not be denied solely because it was not reported to a superior officer or law enforcement at the time of the crime.(B) Factors that the board shall consider for purposes of determining if a claim qualifies for compensation include, but are not limited to, the evidence of the following:(i) Restricted or unrestricted reports to a military victim advocate, sexual assault response coordinator, chaplain, attorney, or other military personnel.(ii) Medical or physical evidence consistent with sexual assault.(iii) A written or oral report from military law enforcement or a civilian law enforcement agency concluding that a sexual assault crime was committed against the victim.(iv) A letter or other written statement from a sexual assault counselor, as defined in Section 1035.2 of the Evidence Code, licensed therapist, or mental health counselor, stating that the victim is seeking services related to the allegation of sexual assault.(v) A credible witness to whom the victim disclosed the details that a sexual assault crime occurred.(vi) A restraining order from a military or civilian court against the perpetrator of the sexual assault.(vii) Other behavior by the victim consistent with sexual assault.(C) For purposes of this subdivision, the sexual assault at issue shall have occurred during military service, including deployment.(D) For purposes of this subdivision, the sexual assault may have been committed off base.(E) For purposes of this subdivision, a perpetrator means an individual who is any of the following at the time of the sexual assault:(i) An active duty military personnel from the United States Army, Navy, Marine Corps, Air Force, or Coast Guard.(ii) A civilian employee of any a military branch specified in clause (i), military base, or military deployment.(iii) A contractor or agent of a private military or private security company.(iv) A member of the California National Guard.(F) For purposes of this subdivision, sexual assault means an offense included in Section 261, 262, 264.1, 286, 287, formerly 288a, or Section 289 of the Penal Code, as of the date the act that added this paragraph was enacted. January 1, 2015.(c) (1) Notwithstanding Section 13955, no a person who is convicted of a violent felony listed in subdivision (c) of Section 667.5 of the Penal Code may not be granted compensation until that person has been discharged from probation or has been released from a correctional institution and has been discharged from parole, or has been discharged from postrelease community supervision or mandatory supervision, if any, for that violent crime. In no case shall compensation Compensation shall not be granted to an applicant pursuant to this chapter during any period of time while the applicant is held in a correctional institution, institution or while an applicant is required to register as a sex offender pursuant to Section 290 of the Penal Code.(2) A person who has been convicted of a violent felony listed in subdivision (c) of Section 667.5 of the Penal Code may apply for compensation pursuant to this chapter at any time, but the award of that compensation may not be considered until the applicant meets the requirements for compensation set forth in paragraph (1).
5353
5454 13956. Notwithstanding Section 13955, a person shall not be eligible for compensation under the following conditions:(a) An application may be denied, in whole or in part, if the board finds that denial is appropriate because of the nature of the victims or other applicants involvement in the events leading to the crime, or the involvement of the person whose injury or death gives rise to the application.(1) Factors that may be considered in determining whether the victim or derivative victim was involved in the events leading to the qualifying crime include, but are not limited to:(A) The victim or derivative victim initiated the qualifying crime, or provoked or aggravated the suspect into initiating the qualifying crime.(B) The qualifying crime was a reasonably foreseeable consequence of the conduct of the victim or derivative victim.(C) The victim or derivative victim was committing a crime that could be charged as a felony and reasonably lead to him or her the victim being victimized. However, committing a crime shall not be considered involvement if the victims injury or death occurred as a direct result of a crime committed in violation of Section 261, 262, or 273.5 of, or for a crime of unlawful sexual intercourse with a minor in violation of subdivision (d) of Section 261.5 of, the Penal Code.(2) If the victim is determined to have been involved in the events leading to the qualifying crime, factors that may be considered to mitigate or overcome involvement include, but are not limited to:(A) The victims injuries were significantly more serious than reasonably could have been expected based on the victims level of involvement.(B) A third party interfered in a manner not reasonably foreseeable by the victim or derivative victim.(C) The board shall consider the victims age, physical condition, and psychological state, as well as any compelling health and safety concerns, in determining whether the application should be denied pursuant to this section. The application of a derivative victim of domestic violence under 18 years of age or derivative victim of trafficking under 18 years of age shall not be denied on the basis of the denial of the victims application under this subdivision.(3) The nature of the victims or other applicants involvement in the events leading to the crime shall not be taken into consideration when determining eligibility to receive funeral or burial costs.(b) (1) An application shall be denied if the board finds that the victim or, if compensation is sought by, or on behalf of, a derivative victim, either the victim or derivative victim failed to cooperate reasonably with a law enforcement agency in the apprehension and conviction of a criminal committing the crime. In determining whether cooperation has been reasonable, the board shall consider the victims or derivative victims age, physical condition, and psychological state, cultural or linguistic barriers, any compelling health and safety concerns, including, but not limited to, a reasonable fear of retaliation or harm that would jeopardize the well-being of the victim or the victims family or the derivative victim or the derivative victims family, and giving due consideration to the degree of cooperation of which the victim or derivative victim is capable in light of the presence of any of these factors. A victim of domestic violence shall not be determined to have failed to cooperate based on his or her conduct with law enforcement at the scene of the crime. Lack of cooperation shall also not be found solely because a victim of sexual assault, domestic violence, or human trafficking delayed reporting the qualifying crime.(2) An application for a claim based on domestic violence shall not be denied solely because a police report was not made by the victim. The board shall adopt guidelines that allow the board to consider and approve applications for assistance based on domestic violence relying upon evidence other than a police report to establish that a domestic violence crime has occurred. Factors evidencing that a domestic violence crime has occurred may include, but are not limited to, medical records documenting injuries consistent with allegations of domestic violence, mental health records, or that the victim has obtained a permanent restraining order.(3) An application for a claim based on a sexual assault shall not be denied solely because a police report was not made by the victim. The board shall adopt guidelines that allow it to consider and approve applications for assistance based on a sexual assault relying upon evidence other than a police report to establish that a sexual assault crime has occurred. Factors evidencing that a sexual assault crime has occurred may include, but are not limited to, medical records documenting injuries consistent with allegations of sexual assault, mental health records, or that the victim received a sexual assault examination.(4) An application for a claim based on human trafficking trafficking, as defined in Section 236.1 of the Penal Code Code, shall not be denied solely because no a police report was not made by the victim. The board shall adopt guidelines that allow the board to consider and approve applications for assistance based on human trafficking relying upon evidence other than a police report to establish that a human trafficking crime as defined in Section 236.1 of the Penal Code has occurred. That evidence may include any reliable corroborating information approved by the board, including, but not limited to, the following:(A) A Law Enforcement Agency Endorsement issued pursuant to Section 236.2 of the Penal Code.(B) A human trafficking caseworker, as identified in Section 1038.2 of the Evidence Code, has attested by affidavit that the individual was a victim of human trafficking.(5) (A) An application for a claim by a military personnel victim based on a sexual assault by another military personnel shall not be denied solely because it was not reported to a superior officer or law enforcement at the time of the crime.(B) Factors that the board shall consider for purposes of determining if a claim qualifies for compensation include, but are not limited to, the evidence of the following:(i) Restricted or unrestricted reports to a military victim advocate, sexual assault response coordinator, chaplain, attorney, or other military personnel.(ii) Medical or physical evidence consistent with sexual assault.(iii) A written or oral report from military law enforcement or a civilian law enforcement agency concluding that a sexual assault crime was committed against the victim.(iv) A letter or other written statement from a sexual assault counselor, as defined in Section 1035.2 of the Evidence Code, licensed therapist, or mental health counselor, stating that the victim is seeking services related to the allegation of sexual assault.(v) A credible witness to whom the victim disclosed the details that a sexual assault crime occurred.(vi) A restraining order from a military or civilian court against the perpetrator of the sexual assault.(vii) Other behavior by the victim consistent with sexual assault.(C) For purposes of this subdivision, the sexual assault at issue shall have occurred during military service, including deployment.(D) For purposes of this subdivision, the sexual assault may have been committed off base.(E) For purposes of this subdivision, a perpetrator means an individual who is any of the following at the time of the sexual assault:(i) An active duty military personnel from the United States Army, Navy, Marine Corps, Air Force, or Coast Guard.(ii) A civilian employee of any a military branch specified in clause (i), military base, or military deployment.(iii) A contractor or agent of a private military or private security company.(iv) A member of the California National Guard.(F) For purposes of this subdivision, sexual assault means an offense included in Section 261, 262, 264.1, 286, 287, formerly 288a, or Section 289 of the Penal Code, as of the date the act that added this paragraph was enacted. January 1, 2015.(c) (1) Notwithstanding Section 13955, no a person who is convicted of a violent felony listed in subdivision (c) of Section 667.5 of the Penal Code may not be granted compensation until that person has been discharged from probation or has been released from a correctional institution and has been discharged from parole, or has been discharged from postrelease community supervision or mandatory supervision, if any, for that violent crime. In no case shall compensation Compensation shall not be granted to an applicant pursuant to this chapter during any period of time while the applicant is held in a correctional institution, institution or while an applicant is required to register as a sex offender pursuant to Section 290 of the Penal Code.(2) A person who has been convicted of a violent felony listed in subdivision (c) of Section 667.5 of the Penal Code may apply for compensation pursuant to this chapter at any time, but the award of that compensation may not be considered until the applicant meets the requirements for compensation set forth in paragraph (1).
5555
5656
5757
5858 13956. Notwithstanding Section 13955, a person shall not be eligible for compensation under the following conditions:
5959
6060 (a) An application may be denied, in whole or in part, if the board finds that denial is appropriate because of the nature of the victims or other applicants involvement in the events leading to the crime, or the involvement of the person whose injury or death gives rise to the application.
6161
6262 (1) Factors that may be considered in determining whether the victim or derivative victim was involved in the events leading to the qualifying crime include, but are not limited to:
6363
6464 (A) The victim or derivative victim initiated the qualifying crime, or provoked or aggravated the suspect into initiating the qualifying crime.
6565
6666 (B) The qualifying crime was a reasonably foreseeable consequence of the conduct of the victim or derivative victim.
6767
6868 (C) The victim or derivative victim was committing a crime that could be charged as a felony and reasonably lead to him or her the victim being victimized. However, committing a crime shall not be considered involvement if the victims injury or death occurred as a direct result of a crime committed in violation of Section 261, 262, or 273.5 of, or for a crime of unlawful sexual intercourse with a minor in violation of subdivision (d) of Section 261.5 of, the Penal Code.
6969
7070 (2) If the victim is determined to have been involved in the events leading to the qualifying crime, factors that may be considered to mitigate or overcome involvement include, but are not limited to:
7171
7272 (A) The victims injuries were significantly more serious than reasonably could have been expected based on the victims level of involvement.
7373
7474 (B) A third party interfered in a manner not reasonably foreseeable by the victim or derivative victim.
7575
7676 (C) The board shall consider the victims age, physical condition, and psychological state, as well as any compelling health and safety concerns, in determining whether the application should be denied pursuant to this section. The application of a derivative victim of domestic violence under 18 years of age or derivative victim of trafficking under 18 years of age shall not be denied on the basis of the denial of the victims application under this subdivision.
7777
7878 (3) The nature of the victims or other applicants involvement in the events leading to the crime shall not be taken into consideration when determining eligibility to receive funeral or burial costs.
7979
8080 (b) (1) An application shall be denied if the board finds that the victim or, if compensation is sought by, or on behalf of, a derivative victim, either the victim or derivative victim failed to cooperate reasonably with a law enforcement agency in the apprehension and conviction of a criminal committing the crime. In determining whether cooperation has been reasonable, the board shall consider the victims or derivative victims age, physical condition, and psychological state, cultural or linguistic barriers, any compelling health and safety concerns, including, but not limited to, a reasonable fear of retaliation or harm that would jeopardize the well-being of the victim or the victims family or the derivative victim or the derivative victims family, and giving due consideration to the degree of cooperation of which the victim or derivative victim is capable in light of the presence of any of these factors. A victim of domestic violence shall not be determined to have failed to cooperate based on his or her conduct with law enforcement at the scene of the crime. Lack of cooperation shall also not be found solely because a victim of sexual assault, domestic violence, or human trafficking delayed reporting the qualifying crime.
8181
8282 (2) An application for a claim based on domestic violence shall not be denied solely because a police report was not made by the victim. The board shall adopt guidelines that allow the board to consider and approve applications for assistance based on domestic violence relying upon evidence other than a police report to establish that a domestic violence crime has occurred. Factors evidencing that a domestic violence crime has occurred may include, but are not limited to, medical records documenting injuries consistent with allegations of domestic violence, mental health records, or that the victim has obtained a permanent restraining order.
8383
8484 (3) An application for a claim based on a sexual assault shall not be denied solely because a police report was not made by the victim. The board shall adopt guidelines that allow it to consider and approve applications for assistance based on a sexual assault relying upon evidence other than a police report to establish that a sexual assault crime has occurred. Factors evidencing that a sexual assault crime has occurred may include, but are not limited to, medical records documenting injuries consistent with allegations of sexual assault, mental health records, or that the victim received a sexual assault examination.
8585
8686 (4) An application for a claim based on human trafficking trafficking, as defined in Section 236.1 of the Penal Code Code, shall not be denied solely because no a police report was not made by the victim. The board shall adopt guidelines that allow the board to consider and approve applications for assistance based on human trafficking relying upon evidence other than a police report to establish that a human trafficking crime as defined in Section 236.1 of the Penal Code has occurred. That evidence may include any reliable corroborating information approved by the board, including, but not limited to, the following:
8787
8888 (A) A Law Enforcement Agency Endorsement issued pursuant to Section 236.2 of the Penal Code.
8989
9090 (B) A human trafficking caseworker, as identified in Section 1038.2 of the Evidence Code, has attested by affidavit that the individual was a victim of human trafficking.
9191
9292 (5) (A) An application for a claim by a military personnel victim based on a sexual assault by another military personnel shall not be denied solely because it was not reported to a superior officer or law enforcement at the time of the crime.
9393
9494 (B) Factors that the board shall consider for purposes of determining if a claim qualifies for compensation include, but are not limited to, the evidence of the following:
9595
9696 (i) Restricted or unrestricted reports to a military victim advocate, sexual assault response coordinator, chaplain, attorney, or other military personnel.
9797
9898 (ii) Medical or physical evidence consistent with sexual assault.
9999
100100 (iii) A written or oral report from military law enforcement or a civilian law enforcement agency concluding that a sexual assault crime was committed against the victim.
101101
102102 (iv) A letter or other written statement from a sexual assault counselor, as defined in Section 1035.2 of the Evidence Code, licensed therapist, or mental health counselor, stating that the victim is seeking services related to the allegation of sexual assault.
103103
104104 (v) A credible witness to whom the victim disclosed the details that a sexual assault crime occurred.
105105
106106 (vi) A restraining order from a military or civilian court against the perpetrator of the sexual assault.
107107
108108 (vii) Other behavior by the victim consistent with sexual assault.
109109
110110 (C) For purposes of this subdivision, the sexual assault at issue shall have occurred during military service, including deployment.
111111
112112 (D) For purposes of this subdivision, the sexual assault may have been committed off base.
113113
114114 (E) For purposes of this subdivision, a perpetrator means an individual who is any of the following at the time of the sexual assault:
115115
116116 (i) An active duty military personnel from the United States Army, Navy, Marine Corps, Air Force, or Coast Guard.
117117
118118 (ii) A civilian employee of any a military branch specified in clause (i), military base, or military deployment.
119119
120120 (iii) A contractor or agent of a private military or private security company.
121121
122122 (iv) A member of the California National Guard.
123123
124124 (F) For purposes of this subdivision, sexual assault means an offense included in Section 261, 262, 264.1, 286, 287, formerly 288a, or Section 289 of the Penal Code, as of the date the act that added this paragraph was enacted. January 1, 2015.
125125
126126 (c) (1) Notwithstanding Section 13955, no a person who is convicted of a violent felony listed in subdivision (c) of Section 667.5 of the Penal Code may not be granted compensation until that person has been discharged from probation or has been released from a correctional institution and has been discharged from parole, or has been discharged from postrelease community supervision or mandatory supervision, if any, for that violent crime. In no case shall compensation Compensation shall not be granted to an applicant pursuant to this chapter during any period of time while the applicant is held in a correctional institution, institution or while an applicant is required to register as a sex offender pursuant to Section 290 of the Penal Code.
127127
128128 (2) A person who has been convicted of a violent felony listed in subdivision (c) of Section 667.5 of the Penal Code may apply for compensation pursuant to this chapter at any time, but the award of that compensation may not be considered until the applicant meets the requirements for compensation set forth in paragraph (1).