Bill Text: CA SB86 | 2023-2024 | Regular Session | Enrolled

California Senate Bill 86

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Crime victims: resource center.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2023-07-21 - Chaptered by Secretary of State. Chapter 105, Statutes of 2023. [SB86 Detail]

Download: California-2023-SB86-Enrolled.html

Enrolled July 06, 2023

Passed IN Senate April 13, 2023

Passed IN Assembly July 03, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 86

Introduced by Senator Seyarto

January 17, 2023

An act to amend Sections 13897.1 and 13897.2 of the Penal Code, relating to crime.

LEGISLATIVE COUNSEL'S DIGEST

SB 86, Seyarto. Crime victims: resource center.

Existing law requires the establishment of a resource center that operates a statewide, toll-free information service, consisting of legal and other information, for crime victims and providers of services to crime victims, as defined.

This bill would require the resource center to additionally provide the information through an internet website and to the families of crime victims.

The bill would require that the internet website include a summary of victims’ rights and resources, as specified.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

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

SECTION 1.

Section 13897.1 of the Penal Code is amended to read:

13897.1.

(a) There shall be established a resource center that shall provide legal and other information for crime victims, their families, and providers of services to crime victims through a statewide, toll-free telephone number and an internet website. The resource center shall provide information and educational materials discussing crime victims’ legal rights. The resource center shall distribute these materials to administrative agencies, law enforcement agencies, crime victim-service programs, local, regional, and statewide education systems, appropriate human service agencies, and political, social, civic, and religious leaders and organizations.

(b) As used in this chapter, “provider of services to crime victims” means any hospital, doctor, attorney, local or statewide rape crisis center, domestic violence center, child abuse counseling center, or victims’ witness center that seeks to assist crime victims in understanding and exercising their legal rights, including, but not limited to, those rights under Chapter 5 (commencing with Section 13959) of Part 4 of Division 3 of Title 2 of the Government Code.

SEC. 2.

Section 13897.2 of the Penal Code is amended to read:

13897.2.

(a) The Office of Emergency Services shall grant an award to an appropriate private, nonprofit organization, to provide a statewide resource center, as described in Section 13897.1.

(b) The resource center shall:

(1) Provide users with information about victims’ legal rights to compensation pursuant to Chapter 5 (commencing with Section 13959) of Part 4 of Division 3 of Title 2 of the Government Code and, where appropriate, provide victims with guidance in exercising these rights.

(2) Provide users who provide services to victims of crime with legal information regarding the legal rights of crime victims.

(3) Advise users about any potential civil causes of action and, where appropriate, provide callers with references to local legal aid and lawyer referral services.

(4) Advise and assist users in understanding and implementing their rights to participate in sentencing and parole eligibility hearings as provided by statute.

(5) Advise users about victims’ rights in the criminal justice system, assist them in overcoming problems, including the return of property, and inform them of any procedures protecting witnesses.

(6) Refer users, as appropriate, to local programs, which include victim-witness programs, rape crisis units, domestic violence projects, and child sexual abuse centers.

(7) Refer users to local resources for information about appropriate public and private benefits and the means of obtaining aid.

(8) Publicize the existence of the toll-free service and internet website through the print and electronic media, including public service announcements, brochures, press announcements, various other educational materials, and agreements for the provision of publicity, by private entities.

(9) Compile comprehensive referral lists of local resources that include the following: crime victims’ assistance resources, including legal and medical services, financial assistance, personal counseling and support services, and crime victims’ support groups.

(10) Produce promotional materials for distribution to law enforcement agencies, state and local agencies, print, radio, and television media outlets, and the general public. These materials shall include placards, video and audio training materials, written handbooks, and brochures for public distribution. Distribution of these materials shall be coordinated with the local crime victims’ service programs.

(11) Research, compile, and maintain a library of legal information concerning crime victims and their rights.

(12) Provide a 20-percent-minimum cash match for all funds appropriated pursuant to this chapter, which may include federal and private funds in order to supplement any funds appropriated by the Legislature.

(c) The resource center shall be located so as to assure convenient and regular access between the resource center and those state agencies most concerned with crime victims. The entity receiving the grant shall be a private, nonprofit organization, independent of law enforcement agencies, and have qualified staff knowledgeable in the legal rights of crime victims and the programs and services available to crime victims throughout the state. The subgrantee shall have an existing statewide, toll-free information service and internet website and have demonstrated substantial capacity and experience serving crime victims in areas required by this act.

(d) The internet website maintained pursuant to this section shall include a summary of crime victims’ rights and resources in plain language, including, but not limited to:

(1) Information about victims’ rights, including the disclosures required under Section 679.026 and the information required by paragraph (3) of subdivision (b) of Section 679.027.

(2) Links to victim resources offered by the state and by each county.

(3) Additional links or resources from public or private entities that the center determines are relevant and appropriate.

(4) A summary of the California criminal justice process.

(5) Information on obtaining restitution from the California Victim Compensation Board.

(6) Information on obtaining legal protections for victims and their families.

(e) The services of the resource center shall not duplicate the victim service activities of the Office of Emergency Services or those activities of local victim programs funded through the Office of Emergency Services.

(f) The subgrantee shall be compensated at its federally approved indirect cost rate, if any. For the purposes of this section, “federally approved indirect cost rate” means that rate established by the federal Department of Health and Human Services or other federal agency for the subgrantee. This section does not require the Office of Emergency Services to permit the use of federally approved indirect cost rates for other subgrantees of other grants administered by the Office of Emergency Services.

(g) All information and records retained by the center in the course of providing services under this chapter shall be confidential and privileged pursuant to Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code and Article 4 (commencing with Section 6060) of Chapter 4 of Division 3 of the Business and Professions Code. Nothing in this subdivision shall prohibit compilation and distribution of statistical data by the center.