2009 California Government Code - Section 13970-13974.2 :: Chapter 5.5. Indemnification Of Citizens Benefiting The Public

13970.  Direct action on the part of private citizens in preventing
the commission of crimes against the person or property of others, or
in apprehending criminals, or rescuing a person in immediate danger
of injury or death as a result of fire, drowning, or other
catastrophe, benefits the entire public. In recognition of the public
purpose served, the state may indemnify such citizens, their
surviving spouses, their surviving children, and any persons
dependent upon such citizens for their principal support in
appropriate cases for any injury, death, or damage sustained by such
citizens, their surviving spouses, their surviving children, and any
persons dependent upon such citizens for their principal support as a
direct consequence of such meritorious action to the extent that
they are not compensated for the injury, death, or damage from any
other source. A claim shall be denied if an award has been made under
Article 1 (commencing with Section 13960) of this chapter for the
same incident.

13971.  As used in this article, "private citizen" means any natural
person other than a peace officer, fireman, lifeguard, or person
whose employment includes the duty to protect the public safety
acting within the course and scope of such employment.

13972.  (a) If a private citizen incurs personal injury or death or
damage to his or her property in preventing the commission of a crime
against the person or property of another, in apprehending a
criminal, or in materially assisting a peace officer in prevention of
a crime or apprehension of a criminal, or rescuing a person in
immediate danger of injury or death as a result of fire, drowning, or
other catastrophe, the private citizen, his or her surviving spouse,
his or her surviving children, a person dependent upon the citizen
for his or her principal support, or a public safety or law
enforcement agency acting on behalf of any of the above may file a
claim with the California Victim Compensation and Government Claims
Board for indemnification to the extent that the claimant is not
compensated from any other source for the injury, death, or damage.
The claim shall generally show all of the following:
   (1) The date, place, and other circumstances of the occurrence or
events that gave rise to the claim.
   (2) A general description of the activities of the private citizen
in prevention of a crime, apprehension of a criminal, or rescuing a
person in immediate danger of injury or death as a result of fire,
drowning, or other catastrophe.
   (3) The amount or estimated amount of the injury, death, or damage
sustained for which the claimant is not compensated from any other
source, insofar as it may be known at the time of the presentation of
the claim.
   (4) Any other information that the California Victim Compensation
and Government Claims Board may require.
   (b) A claim filed under subdivision (a) shall be accompanied by a
corroborating statement and recommendation from the appropriate state
or local public safety or law enforcement agency.

13973.  (a) Upon presentation of a claim pursuant to this chapter,
the California Victim Compensation and Government Claims Board shall
fix a time and place for the hearing of the claim, and shall mail
notices of the hearing to interested persons or agencies. At the
hearing, the board shall receive recommendations from public safety
or law enforcement agencies, and evidence showing all of the
following:
   (1) The nature of the crime committed by the apprehended criminal
or prevented by the action of the private citizen, or the nature of
the action of the private citizen in rescuing a person in immediate
danger of injury or death as a result of fire, drowning, or other
catastrophe, and the circumstances involved.
   (2) That the actions of the private citizen substantially and
materially contributed to the apprehension of a criminal, the
prevention of a crime, or the rescuing of a person in immediate
danger of injury or death as a result of fire, drowning, or other
catastrophe.
   (3) That as a direct consequence, the private citizen incurred
personal injury or damage to property or died.
   (4) The extent of the injury or damage for which the claimant is
not compensated from any other source.
   (5) Any other evidence that the board may require.
   (b) If the board determines, on the basis of a preponderance of
the evidence, that the state should indemnify the claimant for the
injury, death, or damage sustained, it shall approve the claim for
payment. In no event shall a claim be approved by the board under
this article in excess of ten thousand dollars ($10,000).
   (c) In addition to any award made under this chapter, the board
may award, as attorney's fees, an amount representing the reasonable
value of legal services rendered a claimant, but in no event to
exceed 10 percent of the amount of the award. No attorney shall
charge, demand, receive, or collect for services rendered in
connection with any proceedings under this chapter any amount other
than that awarded as attorney's fees under this section. Claims
approved under this chapter shall be paid from a separate
appropriation made to the California Victim Compensation and
Government Claims Board in the Budget Act and as the claims are
approved by the board.

13974.  The California Victim Compensation and Government Claims
Board is hereby authorized to make all needful rules and regulations
consistent with the law for the purpose of carrying into effect this
article.

13974.1.  (a) The board shall utilize the provisions of this
article, insofar as they may be made applicable, to establish a claim
and reward procedure to reward persons providing information leading
to the location of any child listed in the missing children registry
compiled pursuant to former Section 11114 of the Penal Code or
maintained pursuant to the system maintained pursuant to Sections
14201 and 14202 of the Penal Code.
   (b) Awards shall be made upon recommendation of the Department of
Justice in an amount of not to exceed five hundred dollars ($500) to
any one individual. However, as a condition to an award, in any
particular case, an amount equal to or greater in nonstate funds
shall have been first offered as a reward for information leading to
the location of that missing child.
   (c) The Missing Children Reward Fund is hereby created in the
State Treasury and is continuously appropriated to the California
Victim Compensation and Government Claims Board to make awards
pursuant to this section.

13974.2.  Any reference to Article 2 (commencing with Section 13970)
of Chapter 5, as it read on December 31, 2002, shall be construed to
refer to this chapter.