CAPITOL UPDATE #3, January 18, 2024

SB838, as introduced, Menjivar. Victim compensation: use of force by a law enforcement officer.

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, including“crime,” which includes any public offense wherever it may take place that would constitute a misdemeanor or felony.

This bill would revise the definition of “crime” to include, solely for the purposes of eligibility for compensation under this chapter, an incident occurring on or after January 1,2024, in which an individual sustains serious bodily injury, as defined, or death as a result of a law enforcement officer’s use of force, regardless of whether the law enforcement officer is arrested for, charged with, or convicted of committing a crime. The bill would define “law enforcement officer” for these purposes. By expanding the types of incidents for which compensation can be paid from a continuously appropriated fund, the bill would make an appropriation.

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 the person 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, as described above, would prohibit the board from denying an application based on certain circumstances, including the victim’s or other applicant’s involvement in the crime, except as specified, the victim’s failure to cooperate, or the contents of a police report, or the lack thereof. The bill, in the case of a claim based on a victim’s serious bodily injury or death as a result of a crime, would require the board to adopt guidelines that allow the board to rely on evidence other than a police report, as specified.

Existing law requires that the 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 any claim, including a claim based on serious bodily injury or death that resulted from a law enforcement officer’s use of force.

Hearing: Jan 18 in 1021 O Street, Room 2200

SB767, as amended, Rubio. Pupil instruction: mandatory kindergarten. Elementary education: kindergarten.

Under existing law, a person between the ages of 6 and 18 years who is not exempted by law is subject to compulsory full-time education. Existing law excludes a child under 6 years of age from the public schools, subject to specified exceptions.

This bill would declare the Legislature’s intent to enact subsequent legislation that would require mandatory kindergarten.

Existing law requires a school district maintaining a kindergarten to admit a child who will have their 5th birthday on or before September 1 of the school year. Existing law also requires a child who will have their 6th birthday on or before September 1 of the school year to be admitted to the first grade of an elementary school. Existing law authorizes a child who has been lawfully admitted to a public school kindergarten or a private school kindergarten in California and who is judged by the administration of the school district to be ready for first-grade work to be admitted to the first grade, as specified.

This bill, beginning with the 2024–25 school year, would require a child to have completed one year of kindergarten before that child may be admitted to the first grade at a public elementary school, except for a child who has been lawfully admitted to a public school kindergarten or a private school kindergarten in California, but has not yet completed one school year, and is judged to be ready for first-grade work, as specified, thereby imposing a state-mandated local program.

Hearing: Jan 18 in 1021 O Street, Room 2200

Stay Tuned next week for a Review of the Draft 2023/2024 $291BCalifornia Budget Governor Newsom just presented representing a deficit of > $37B.