SB 838 Summary

• Expands victim compensation eligibility to include incidents occurring on or after January 1, 2024, where an individual sustains serious bodily injury or death from law enforcement use of force, regardless of whether the officer is arrested, charged, or convicted.

• Defines "law enforcement officer" as a peace officer under Penal Code Section 830 for purposes of victim compensation claims.

• Prohibits the California Victim Compensation Board from denying applications based on victim involvement in the incident, victim failure to cooperate with law enforcement, or police report contents/absence, with limited exceptions for serious bodily injury claims involving violent felony convictions.

• Requires the board to adopt guidelines allowing consideration of evidence other than police reports, including medical records, victim services provider statements, medical provider documentation, and death certificates, to establish qualifying incidents.

• Makes an appropriation to the continuously appropriated Restitution Fund to cover expanded compensation eligibility, contingent on General Fund availability to support ongoing augmentations beginning in fiscal year 2024–25.