Cal. Gov. Code § 13953
Applications for Compensation
Redline — January 1, 2011 → current.View current text →
Current — January 1, 2019
As of January 1, 2011
(a) An application for compensation shall be filed within one year of the date of the crime, one year after the victim attains 18 years of age, or one year of the time the victim or derivative victim knew or in the exercise of ordinary diligence could have discovered that an injury or death had been sustained as a direct result of crime, whichever is later. An application based on any crime eligible for prosecution under Section 801.1 of the Penal Code may be filed any time prior to the victim’s 28th birthday.
(a) An application for compensation shall be filed within seven years of the date of the crime, seven years after the victim attains 21 years of age, or seven years of the time the victim or derivative victim knew or in the exercise of ordinary diligence could have discovered that an injury or death had been sustained as a direct result of crime, whichever is later.
(b) The board may for good cause grant an extension of the time period in subdivision (a). In making this determination, the board may consider any relevant factors, including, but not limited to, all of the following: (1) A recommendation from the prosecuting attorney regarding the victim’s or derivative victim’s cooperation with law enforcement and the prosecuting attorney in the apprehension and prosecution of the person charged with the crime. (2) Whether particular events occurring during the prosecution or in the punishment of the person convicted of the crime have resulted in the victim or derivative victim incurring pecuniary loss. (3) Whether the nature of the crime is such that a delayed reporting of the crime is reasonably excusable.
(b) The board may for good cause grant an extension of the time period in subdivision (a). In making this determination, the board shall consider both of the following: (1) Whether the victim or derivative victim incurs emotional harm or a pecuniary loss while testifying during the prosecution or in the punishment of the person accused or convicted of the crime. (2) Whether the victim or derivative victim incurs emotional harm or a pecuniary loss when the person convicted of the crime is scheduled for a parole hearing or released from incarceration.
(c) The period prescribed in this section for filing an application by or on behalf of a derivative victim shall be tolled when the board accepts the application filed by a victim of the same qualifying crime.
(c) The period prescribed in this section for filing an application by or on behalf of a derivative victim shall be tolled when the board accepts the application filed by a victim of the same qualifying crime.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.