California Law (Last Updated: March 4, 2014) |
Government Code - GOV |
Title 2. GOVERNMENT OF THE STATE OF CALIFORNIA |
Division 3. EXECUTIVE DEPARTMENT |
Part 4. CALIFORNIA VICTIM COMPENSATION AND GOVERNMENT CLAIMS BOARD |
Chapter 5. Indemnification of Victims of Crime |
ARTICLE 4. Scope of Compensation |
Section 13957.5.
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(a) In authorizing compensation for loss of income and support pursuant to paragraph (4) of subdivision (a) of Section 13957, the board may take any of the following actions:
(1) Compensate the victim for loss of income directly resulting from the injury, except that loss of income may not be paid by the board for more than five years following the crime, unless the victim is disabled as defined in Section 416(i) of Title 42 of the United States Code, as a direct result of the injury.
(2) Compensate an adult derivative victim for loss of income, subject to all of the following:
(A) The derivative victim is the parent or legal guardian of a victim, who at the time of the crime was under the age of 18 years and is hospitalized as a direct result of the crime.
(B) The minor victim's treating physician certifies in writing that the presence of the victim's parent or legal guardian at the hospital is necessary for the treatment of the victim.
(C) Reimbursement for loss of income under this paragraph may not exceed the total value of the income that would have been earned by the adult derivative victim during a 30-day period.
(3) Compensate an adult derivative victim for loss of income, subject to all of the following:
(A) The derivative victim is the parent or legal guardian of a victim who at the time of the crime was under the age of 18 years.
(B) The victim died as a direct result of the crime.
(C) The board shall pay for loss of income under this paragraph for not more than 30 days from the date of the victim's death.
(4) Compensate a derivative victim who was legally dependent on the victim at the time of the crime for the loss of support incurred by that person as a direct result of the crime, subject to both of the following:
(A) Loss of support shall be paid by the board for income lost by an adult for a period up to, but not more than, five years following the date of the crime.
(B) Loss of support shall not be paid by the board on behalf of a minor for a period beyond the child's attaining the age of 18 years.
(b) The total amount payable to all derivative victims pursuant to this section as the result of one crime may not exceed seventy thousand dollars ($70,000).