California 2021-2022 Regular Session Status: Passed Senate 5 D cosponsors

SB 299 — Victim compensation: use of force by a law enforcement officer.

Last action — Ordered to inactive file on request of Assembly Member Bryan.

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

This bill died with 2021-2022 Regular Session. It reached “Passed Senate” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

(1) Existing law provides for the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation Board from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of those crimes. Existing law defines various terms for purposes of these provisions. This bill would define "law enforcement officer" consistently with specified provisions. The bill would define "victim services provider" to mean an individual, whether paid or serving as a volunteer, who provides services to victims under the supervision of either an agency or organization that has a documented record of providing services to victims, or a law enforcement or prosecution agency. (2) Existing law requires that a person be ineligible for compensation under specified conditions, including, among other things, if the board determines that denial of the claim for compensation is appropriate because of the nature of the victim's involvement in the events leading to the crime or the involvement of the person whose injury or death gives rise to the application. Existing law requires the board to deny an application if it finds that the victim failed to cooperate reasonably with a law enforcement agency in the apprehension and conviction of a criminal committing the crime. This bill, in the case of a claim based on a victim's serious bodily injury or death that resulted from a law enforcement officer's use of force, would prohibit the board from denying an application based on the victim's or other applicant's involvement in the crime, except as specified, or the victim's failure to cooperate. The bill would require the board, solely for the purposes of eligibility for compensation, to accept as sufficient evidence forms of documentation, as described, that describe or demonstrate a person suffered serious bodily injury or death as a result of a law enforcement officer's use of force. The bill, in the case of a claim based on a victim's death as a result of a crime, would prohibit the board from denying an application based on the deceased victim's involvement in the crime or the victim's or derivative victim's failure to cooperate, except as provided. By expanding the types of crime for which compensation can be paid from a continuously appropriated fund, the bill would make an appropriation. (3) Existing law requires that the California Victim Compensation Board be subrogated to the rights of the recipient to the extent of any compensation granted by the board. This bill would specify that the above-described subrogation of the board applies to compensation by the board for a claim based on serious bodily injury or death that resulted from a law enforcement officer's use of force, as specified.

Bill Text

Action History

  1. Ordered to inactive file on request of Assembly Member Bryan.

  2. Ordered to third reading.

  3. Read third time and amended.

  4. Ordered to third reading.

  5. From inactive file.

  6. Notice of intention to remove from inactive file given by Assembly Member Grayson.

  7. Ordered to inactive file on request of Assembly Member Reyes.

  8. Ordered to third reading.

  9. Read third time and amended.

  10. Read second time. Ordered to third reading.

  11. Read second time and amended. Ordered to second reading.

  12. From committee: Do pass as amended. (Ayes 12. Noes 4.) (August 26).

  13. August 19 set for first hearing. Placed on suspense file.

  14. Read second time and amended. Re-referred to Com. on APPR.

  15. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (June 29).

  16. Referred to Com. on PUB. S.

  17. In Assembly. Read first time. Held at Desk.

  18. Read third time. Passed. (Ayes 32. Noes 6. Page 1385.) Ordered to the Assembly.

  19. Read second time. Ordered to third reading.

  20. Read second time and amended. Ordered to second reading.

  21. From committee: Do pass as amended. (Ayes 5. Noes 2. Page 1187.) (May 20).

  22. Set for hearing May 20.

  23. May 3 hearing: Placed on APPR suspense file.

  24. Set for hearing May 3.

  25. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0. Page 778.) (April 13). Re-referred to Com. on APPR.

  26. From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

  27. Set for hearing April 13.

  28. Re-referred to Com. on PUB. S.

  29. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  30. Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)

  31. (Ayes 32. Noes 4.)

  32. Art. IV. Sec. 8(a) of the Constitution dispensed with.

  33. Referred to Com. on RLS.

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

  35. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 8 co-sponsors · 113 not signed on · 7 voted No

Sponsors (1)

  • Leyva

Co-sponsors (8)

Not signed on (113)

113 members have not signed on to this bill.

Show all 113 →

"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

Votes

3rd Reading SB299 Eggman et al.

Passed 36 Yea · 1 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 11000
Democratic 21001
Republican 4102
Total 36103
% of votes cast 90%3%0%8%
How each member voted (40)
Member Party Vote
Roth — Yea
Atkins — Yea
Portantino — Yea
Newman — Yea
Min — Yea
Wilk — Yea
Eggman — Yea
Glazer — Yea
Dodd — Yea
Bradford — Yea
Skinner — Yea
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Ashby, Angelique V. Democratic Yea
Becker, Josh Democratic Yea
Blakespear, Catherine S. Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Not Voting
McGuire, Mike Democratic Yea
Menjivar, Caroline Democratic Yea
Nguyen, Stephanie Democratic Yea
Padilla, Stephen C. Democratic Yea
Rubio, Susan Democratic Yea
Smallwood-Cuevas, Lola Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Wiener, Scott D. Democratic Yea
Alvarado-Gil, Marie Republican Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Nay
Niello, Roger W. Republican Not Voting
Ochoa Bogh, Rosilicie Republican Yea
Seyarto, Kelly Republican Not Voting

Official roll call →

Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]

Passed 11 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 8000
Unaffiliated 3000
Republican 0001
Total 11001
% of votes cast 92%0%0%8%
How each member voted (12)
Member Party Vote
Roth — Yea
Eggman — Yea
Glazer — Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Limón, Monique Democratic Yea
Menjivar, Caroline Democratic Yea
Nguyen, Stephanie Democratic Yea
Rubio, Susan Democratic Yea
Wahab, Aisha Democratic Yea
Wiener, Scott D. Democratic Yea
Grove, Shannon Republican Not Voting

Official roll call →

Do pass as amended.

Passed 12 Yea · 4 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6200
Democratic 6000
Republican 0200
Total 12400
% of votes cast 75%25%0%0%
How each member voted (16)
Member Party Vote
Levine — Yea
Quirk — Yea
Chau — Yea
Bigelow — Nay
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Vince Fong — Nay
Wendy Carrillo — Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Gabriel, Jesse Democratic Yea
Kalra, Ash Democratic Yea
Rivas, Robert Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay

Official roll call →

3rd Reading SB299 Leyva et al.

Passed 32 Yea · 6 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 18302
Democratic 13000
Republican 1300
Total 32602
% of votes cast 80%15%0%5%
How each member voted (40)
Member Party Vote
Dodd — Yea
Roth — Yea
Kamlager — Yea
Atkins — Yea
Rubio — Yea
Wieckowski — Yea
Portantino — Yea
Glazer — Yea
Gonzalez — Yea
Skinner — Yea
Newman — Yea
Bradford — Yea
Hueso — Yea
Eggman — Yea
Hertzberg — Yea
Min — Yea
Leyva — Yea
Pan — Yea
Borgeas — Nay
Bates — Nay
Wilk — Nay
Melendez — Not Voting
Nielsen — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

Do pass as amended

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4100
Democratic 1000
Republican 0100
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Wieckowski — Yea
Kamlager — Yea
Portantino — Yea
Bradford — Yea
Bates — Nay
Laird, John Democratic Yea
Jones, Brian W. Republican Nay

Official roll call →

Placed on suspense file

Passed 6 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4001
Republican 1000
Democratic 1000
Total 6001
% of votes cast 86%0%0%14%
How each member voted (7)
Member Party Vote
Portantino — Yea
Bradford — Yea
Wieckowski — Yea
Kamlager — Yea
Bates — Not Voting
Laird, John Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does SB 299 do?
(1) Existing law provides for the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation Board from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of those crimes. Existing law defines various terms for purposes of these provisions. This bill would define "law enforcement officer" consistently with specified provisions. The bill would define "victim services provider" to mean an individual, whether paid or serving as a volunteer, who provides services to victims under the supervision of either an agency or organization that has a documented record of providing services to victims, or a law enforcement or prosecution agency. (2) Existing law requires that a person be ineligible for compensation under specified conditions, including, among other things, if the board determines that denial of the claim for compensation is appropriate because of the nature of the victim's involvement in the events leading to the crime or the involvement of the person whose injury or death gives rise to the application. Existing law requires the board to deny an application if it finds that the victim failed to cooperate reasonably with a law enforcement agency in the apprehension and conviction of a criminal committing the crime. This bill, in the case of a claim based on a victim's serious bodily injury or death that resulted from a law enforcement officer's use of force, would prohibit the board from denying an application based on the victim's or other applicant's involvement in the crime, except as specified, or the victim's failure to cooperate. The bill would require the board, solely for the purposes of eligibility for compensation, to accept as sufficient evidence forms of documentation, as described, that describe or demonstrate a person suffered serious bodily injury or death as a result of a law enforcement officer's use of force. The bill, in the case of a claim based on a victim's death as a result of a crime, would prohibit the board from denying an application based on the deceased victim's involvement in the crime or the victim's or derivative victim's failure to cooperate, except as provided. By expanding the types of crime for which compensation can be paid from a continuously appropriated fund, the bill would make an appropriation. (3) Existing law requires that the California Victim Compensation Board be subrogated to the rights of the recipient to the extent of any compensation granted by the board. This bill would specify that the above-described subrogation of the board applies to compensation by the board for a claim based on serious bodily injury or death that resulted from a law enforcement officer's use of force, as specified.
Who sponsors SB 299?
SB 299 is sponsored by Leyva, Kamlager, Laird, John (Democratic), Bryan, Isaac G. (Democratic), Friedman, Grayson, Timothy S. (Democratic), Lee, Alex (Democratic), Wicks, Buffy (Democratic), and Cristina Garcia.
What is the current status of SB 299?
This bill died with 2021-2022 Regular Session. It reached “Passed Senate” 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 299?
Track SB 299 free on One Click Politics — get push/email alerts when it moves.

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