2009 Legislation

2009 Legislation Sponsored by the Victim Compensation and Government Claims Board (VCGCB)

SB 327 (Kehoe), Chapter 45, Statutes of 2009 ― Government Claims Bill
The VCGCB's first Government Claims Bill of 2009, which appropriates $601,473.21 to pay 294 claims heard by the Board from April 2008 through November 2008.

AB 92 (De Leon), Chapter 218, Statutes of 2009 ― Government Claims Bill
The VCGCB's second Government Claims Bill of 2009, which appropriates $617,711.41 to pay 120 claims heard by the Board from December 2008 through March 2009.

Other Chaptered Legislation of Interest

AB 316 (Solorio), Chapter 432, Statutes of 2009 ― Wrongful Convictions
Makes the following changes to claims for compensation for erroneous conviction under Penal Code 4900: (1) extends the period for filing an erroneous conviction claim with the VCGCB from six months to two years; (2) specifies that only intentional, and not negligent, contribution by the claimant to his or her conviction is reason to deny a claim; (3) prohibits an involuntary, false confession or involuntary plea by the claimant from being considered intentional contribution; (4) makes a court finding of factual innocence admissible as evidence in a hearing before the VCGCB.

SB 314 (Calderon), Chapter 578, Statutes of 2009 ― Crime Victims
Establishes Restitution Fund collection as an offset against personal income tax refunds by the Franchise Tax Board in order of priority directly after nonpayment of child support and spousal support. It also allows VCP payments in excess of the $2,000.00 limit on relocation expenses, at the Board’s discretion, if appropriate due to exceptional circumstances.

SB 432 (Runner), Chapter 49, Statutes of 2009 ― Crime Victims: Restitution
Currently, the probation officer of the county where an individual is sentenced to CDCR jurisdiction provides a report to CDCR on the circumstances of the offense and history of the defendant. This bill would additionally authorize officers, when restitution was ordered to the victim, to provide the victim’s contact information and a copy of the restitution order to CDCR. The contact information will only be provided with the victim’s consent and will remain confidential. This information will assist the VCGCB in the distribution of direct restitution orders to victims.