CVAA Legislative Agenda

 

CVAA 2013 Bill List

Listed below are a few bills that CVAA is monitoring this year.  For our full list click here.  Our bill list will grow as new legislation is added, bills that have not passed committee may not be included on the full list.  In addition, CVAA may send out Action Alerts asking for your help to either support or oppose legislation.  These Alerts are sent out to our "Action Alert" list and our "Legislative Update" list.  You can sign up at the top of the page to receive these alerts and to receive updates on legislation. 

 

AB 307              PositionSupport         Status – Passed Assembly

Existing law authorizes a court with jurisdiction over a criminal matter to issue a protective order upon a good cause belief that harm to, or intimidation or dissuasion of, a victim or witness has occurred or is reasonably likely to occur, including an order protecting victims of violent crime from all contact, or contact with the intent to annoy, harass, threaten, or commit acts of violence, by the defendant. Under existing law, the court is required to consider, at the time of sentencing, issuing a protective order, which may be valid for up to 10 years, in a case in which a criminal defendant has been convicted of a crime of domestic violence. Under existing law, contempt of a court order is a misdemeanor, as specified. This bill would require the court to also consider issuing a protective order in a case in which the defendant has been convicted of specified sex crimes, including rape, spousal rape, and crimes for which a person is required to register as a sex offender.

 

AB 423      PositionSupport      Status Passed Assembly waiting for committee assignment in Senate

This bill would require the Secretary of Corrections and Rehabilitation and the Director of the Division of Juvenile Justice, and would authorize the collecting agency of a county, to deduct either the balance owing on a restitution fine or order or 80% of the trust account or wages of a prisoner or ward, whichever is less, unless prohibited by federal law.

 

AB 651      PositionOppose         Status Passed Assembly waiting for committee assignment in Senate

Penal Code 1203.4 provides for expunging the criminal conviction of someone who successfully completes probation. This bill would authorize PC 1170(h) inmates the opportunity to have their conviction expunged. Expungement under section 1203.4 is unavailable for those committed to prison.

 

SB 288      Position – Support/Co-Sponsor      Status - Passed Senate in Assembly waiting committee assignment

This bill would provide that an employer may not discharge or in any manner discriminate or retaliate against an employee who is a victim for taking time off from work, upon the victim’s request, to appear in court to be heard at any proceeding for the following offenses: Vehicular manslaughter while intoxicated; felony child abuse likely to produce great bodily harm or a death, assault resulting in the death of a child under eight years of age, felony domestic violence, felony physical abuse of an elder or dependent adult, felony stalking, solicitation for murder, a serious felony, such as kidnapping, rape or assault, hit and run causing death or injury and felony driving under the influence causing injury.


SB 580     PositionOppose unless amended      Status Passed Senate in Assembly

This bill would authorize the California Victim Compensation Fund to administer a program to award, upon appropriation by the Legislature, up to $2 million in grants, annually, to trauma centers.  Due to the unstable financial status of the Victim Compensation Fund, it is not recommended that any additional funds are taken from the Victim Compensation Fund to fund private organizations.  After the legislature took $80 million dollars from the fund (not to be repaid) a couple years ago, the fund has had a difficult time recovering.  Payment caps to victims were lowered and reimbursement amounts to providers were lowered in order to help safe the fund from insolvency.  

 

SB 618    Position – Oppose                 Status – Waiting for full vote in Senate

 

California law currently pays persons $100 per day of state prison incarceration so long as they can prove (1) they did not commit the crime, (2) they did not contribute to their arrest or conviction (e.g. by giving a false confession or pleading guilty), and (3) pecuniary injury (e.g. they were also not serving concurrent time for a different crime that they did commit).  SB 618, however, would make several changes.  Presently, Penal Code section 4900 claims can only be granted if a claimant can prove that he did not commit a crime.  SB 618 would allow for felons to collect state compensation without ever having to make this showing.  Instead claimants would be entitled to compensation if they can show there is “no reasonable cause” to believe they committed the crime (i.e. even if I did it, there was no evidentiary basis to arrest me).  Claimants would also be entitled to compensation if they are granted a new trial on new evidence that “points unerringly to innocence,” a term of art that carries less weight than an acquittal.  As a result, the prosecution could convict a defendant at his new trial while that same defendant would receive state compensation for his crime.  Presently, 4900 claims can only be granted if a claimant proves that he did not contribute to his arrest or conviction.  SB 618 would eliminate this requirement.  SB 618 would allow people who falsely confess or who plead guilty to a crime to be eligible to receive state money so long as they later can prove that they did not commit the crime for which they were incarcerated.  Presently, 4900 claims can only be granted if a claimant proves that he suffered pecuniary injury.  SB eliminates that requirement.  So if a claimant served 5 years for a rape he committed and   served a concurrent 5 year team for a burglary that he did not commit, he can collect compensation for the entire 5 year period, even though he did not serve any additional time through his erroneous conviction.

 

 

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