Bill to extend victims’ compensation to those injured by law enforcement moves forward

Lawmakers quietly moved forward a bill on Friday that would make California the first state to expand access to victim compensation for people injured or killed by police, even if they weren't cooperating or contributed to the incident in which they were hurt.

Assembly Bill 767, which would list excessive use of force by police among the crimes eligible for compensation, passed the Senate Public Safety Committee on a 6-1 vote Friday.

Sen. Mike Morrell, R-Rancho Cucamonga, voted against the legislation, citing fiscal restraints and a concern the bill "potentially expands access to individuals involved in felony crimes."

"We want to support victims of crime and provide them with services they need to make full recoveries," Morrell said in an email. "Both the state auditor and the nonpartisan Legislative Analyst's Office have noted the Victim Compensation Program is near insolvency."

Officers wouldn't need to be arrested or charged with the commission of a crime or a public offense in order for a person to qualify for state compensation under the proposed legislation.

The California District Attorneys Association and several police unions said Friday they had not taken a stance on the legislation. But several current and former district attorneys issued individual statements of support for the legislation, which builds on policies implemented in San Francisco in June by District Attorney Chesa Boudin.

"This much-needed change in policy will close a loophole in state law and provide justice by ensuring all victims of crime can get the resources they need and deserve," said Contra Costa County DA Diana Becton.

Currently, state law requires those seeking victims' compensation from the state to present a police report to the California Victim's Compensation Board to prove a crime occurred. The state board is also currently required to deny applications in cases of police violence if the person injured is found to have failed to cooperate with officers while contributing to the incident in which they were hurt.

AB 767 would eliminate those requirements to expand the forms of documentation the state board can rely on, including medical records, mental health documentation and restraining orders. The bill would prohibit the board from denying an application based solely on the injured person's involvement in the crime or failure to cooperate with officers if the claim for injury or death happened as a result of the use of excessive force by an officer.

The bill will now be heard in the Senate Appropriations Committee. If it becomes law it would allow those injured by law enforcement, and their survivors, to seek compensation for funeral costs, medical bills and counseling.