SB 705

Bill Subjects

Abstract

Existing law provides for the compensation of victims and derivative victims of specified crimes by the California Victim Compensation Board for specified losses suffered as a result of those crimes. Existing law requires an application for compensation to be filed with the board in a manner determined by the board. Existing law authorizes the board to require the submission of additional information supporting the application that is reasonably necessary to verify the application and determine eligibility for compensation. Existing law requires the board to keep this verification information confidential. This bill would, in a criminal matter in which discovery or disclosure is sought of victim or derivative victim records submitted to the board, or information from those records, require the party seeking discovery or disclosure to file a motion with the appropriate court upon written notice to the board, as specified. The bill would require the motion to include specified information, including an identification of the proceeding in which discovery or disclosure is sought. The bill would require the board to submit to the court copies of the records redacted to protect the privacy and safety of the victim or any legal privilege, along with a statement made under penalty of perjury by the custodian of records that the records include everything in the board's possession. By expanding the crime of perjury, this bill would create a state-mandated local program. The bill would require the court to examine the records in chambers out of the presence and hearing of all persons, as specified, and, upon a finding of materiality, to permit disclosure and discovery of the records along with an order that the records disclosed or discovered may not be used for any purpose other than a court proceeding in the criminal matter for which the records were sought. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.