California 2019-2020 Regular Session Status: In Committee

SB 705 — Victim's compensation records: discovery.

Last action — Returned to Secretary of Senate pursuant to Joint Rule 56.

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019-2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

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.

Bill Text

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1 line(s) added, 1 removed.

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Action History

  1. Returned to Secretary of Senate pursuant to Joint Rule 56.

  2. January 14 set for first hearing canceled at the request of author.

  3. Set for hearing January 14.

  4. Referred to Com. on PUB. S.

  5. Read first time.

  6. From printer. May be acted upon on or after March 27.

  7. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

  • Galgiani · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Galgiani

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 705 do?
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.
Who sponsors SB 705?
SB 705 is sponsored by Galgiani.
What is the current status of SB 705?
This bill died with 2019-2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 705?
Track SB 705 free on One Click Politics — get push/email alerts when it moves.

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