The Legislature hereby declares that it serves a public purpose, and is of benefit to the state and to every county and city in the state, to indemnify those innocent residents of the State of California whose property has been injured or destroyed as a result of the acts specified in Section 29632.
County ChargesVictims of Crime
Section § 29631
This law says that it's good for the people of California and all its cities and counties to compensate residents whose property is damaged or destroyed due to certain actions. The state recognizes this as a public benefit and purpose.
indemnify innocent residents property damage
Section § 29632
This law allows counties or cities in California to create programs that pay back innocent residents if their property gets damaged or destroyed. The damage must happen because of a police officer trying to catch a suspect or someone resisting arrest.
The legislative body of a county or of a city may establish a program which provides for the reimbursement of any innocent resident of the county or city, as the case may be, whose property is or has been at any time subsequent to a date designated by the legislative body injured or destroyed as the consequence of:
(a)CA Government Code § 29632(a) An act of a peace officer in the detection of crime or the apprehension or arrest of any person for any public offense; or
(b)CA Government Code § 29632(b) An act of a person in resisting or avoiding arrest.
property damage reimbursement innocent resident compensation peace officer actions
Section § 29633
This law allows a governing body to set additional rules and conditions, as long as they are deemed appropriate and do not violate anyone's constitutional rights.
The legislative body may impose such other restrictions and conditions as it finds advisable and which do not impair the constitutional rights of any person.
legislative body restrictions conditions
Section § 29634
This law section allows the legislative body to create a program with specific procedures to figure out if someone is eligible for reimbursement.
In establishing a program pursuant to this article the legislative body may provide for the procedures to determine whether or not a claimant is entitled to reimbursement.
program establishment reimbursement eligibility claimant determination
Section § 29635
If a county or city pays a claim for damaged or destroyed property, they have the right to step into the shoes of the person who received the payment. This means they can go after the person who caused the damage to get back the money they paid out. They can either file their own lawsuit to recover the funds or join in an existing lawsuit that the property owner has started.
If a claim is paid under this article the county or city shall be subrogated to the rights of the claimant to whom such claim was paid against any person injuring or destroying the property of the claimant for which payment was made to the extent of the payment of the claim. The county or city may recover the amount of the claim paid in a separate action, or may intervene in an action brought by the claimant.
subrogation rights claim payment property damage recovery
Section § 29636
If someone is convicted of a crime that damages property covered by a local reimbursement program, the court can order them to pay a fine for the repair or replacement of the property.
The court considers the defendant's financial situation and avoids putting their family on public assistance. The fine can't exceed the property's fair market value.
Money from the fine goes to the city or county that runs the reimbursement program and is used to pay claims for damaged property.
If both a county and a city run the program, the fine goes to whichever entity paid the claim first.
Upon conviction of any person of a crime which has resulted in the injury or destruction of property for which reimbursement is provided for under a program established pursuant to this article, in addition to the requirements of Section 13964 the court shall take into consideration the defendant’s economic condition, and unless it finds such action will cause the family of the defendant to be dependent upon public welfare, may, in addition to any other penalty, order the defendant to pay a fine in an amount sufficient to pay for the replacement or repair of the property injured or destroyed but not more than the fair market value of such property. That portion of the fine not subject to the provisions of Section 13964 shall be appropriated to the county or city whose legislative body has established such a program and shall be used to pay claims which have been allowed pursuant to provisions adopted by the legislative body pursuant to this article.
If the legislative body of a county and the legislative body of a city therein, have both established such a program, such portion of the fine shall be paid to the county or city which actually has paid the claimant.
property damage reimbursement economic condition consideration public welfare dependency
Section § 29637
This law allows county or city governments to decide, through a formal resolution, that they can reimburse residents for losses that their insurance does not cover.
For the purposes of this article, the legislative body of a county or a city may by resolution determine that a resident may be reimbursed for any losses not otherwise covered by insurance.
resident reimbursement loss coverage insurance gap
