BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 651|
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THIRD READING
Bill No: SB 651
Author: Leyva (D)
Amended: 4/29/15
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 4/21/15
AYES: Hancock, Anderson, Leno, Liu, McGuire, Monning, Stone
SUBJECT: Juvenile conduct: victims
SOURCE: Crime Victims Action Alliance
Los Angeles County District Attorney
DIGEST: This bill makes the statutory definition of a victim in
the context of restitution orders in juvenile delinquency
matters the same as the definition of a victim in adult criminal
sentencing statutes.
ANALYSIS:
Existing law:
1) States in the California Constitution that all crime
victims have the right to seek and secure restitution from
the perpetrators of these crimes. Restitution must be
ordered in every case without exception. Where a defendant
has been ordered to pay restitution, all money, or property
collected from the defendant must be first applied to
satisfy restitution orders. (Cal. Const. Art. 1 § 28,
(b)(13)(A)- (C).)
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2) Broadly defines, in the California Constitution, the term
"victim" to mean "a person who suffers direct or threatened
physical, psychological, or financial harm as a result of
the commission or attempted commission of a crime or
delinquent act. The term? also includes the person's spouse,
parents, children, siblings, or guardian, and includes a
lawful representative of a crime victim who is deceased, a
minor, or physically or psychologically incapacitated."
Cal. Const., Art. 1 § 28 (e).)
3) Provides for restitution orders in criminal convictions -
enforceable as a civil judgment - to ensure that a victim of
a crime who incurs any economic loss shall receive
restitution directly from any defendant convicted of that
crime. If a restitution order is made, the defendant has
the right to a hearing before the court to dispute the
determination of the amount of the order. A restitution
order may be modified upon motion of the district attorney,
the victim or victims, or the defendant. (Pen. Code §
1202.4, subds. (f) and (i).)
4) Provides that a restitution order shall be prepared by the
court and identify each victim and each loss. (Pen. Code §
1202.4, subd. (f)(3).)
5) Generally provides for victim restitution and a victim
restitution fine from minors found to have committed a crime
by the juvenile court. Juvenile court restitution is
largely parallel to or consistent with restitution law
applicable to adult criminal cases. (Welf. and Inst. Code §
730.6.)
6) Comprehensively defines a victim for purposes of adult
criminal sentencing. The definition includes the following:
The immediate surviving family of the actual victim.
A corporation, other specified commercial or legal
entity, a government or governmental subdivision, agency,
or instrumentality, when such an entity is a direct victim
of a crime.
A person who has sustained economic loss from a crime
and who, at the time of the crime, had the status or
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identity of one of the following:
o The parent, grandparent, sibling, spouse, child, or
grandchild of the victim One who living in the household
of the victim;
o One who had previously lived in the household of the
victim for a period of not less than two years in a
relationship substantially similar to a familial
relationship;
o A more broadly defined family member of the victim
who witnessed the crime, such as the victim's fiancé or
fiancé;
o The primary caretaker of a minor victim;
o A person eligible to receive assistance from the
Restitution Fund; or
o A governmental entity that is responsible for
repairing, replacing, or restoring public or private
owned property that has been defaced with graffiti or
other inscribed material, as specified. (Pen. Code §
1202.4, subd. (k).)
1) Defines a victim for purposes of restitution in a juvenile
case to include:
The immediate surviving family of the actual victim; or
A governmental entity that is responsible for repairing,
replacing, or restoring public or private owned property
that has been defaced with graffiti or other inscribed
material, as specified. (Welf. and Inst. Code § 730.6,
subd. (j).)
1) Provides, in decisional law, that a juvenile court has the
authority to issue a broad restitution order, consistent
with the rehabilitative purposes of the juvenile court. (In
re Alexander A. (2011) 192 Cal.App.4th 847, 854-855.)
2) Defines in the California Constitution define a victim as
"a person who suffers direct or threatened physical,
psychological, or financial harm as a result of the
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commission or attempted commission of a crime or delinquent
act. The term 'victim' also includes the person's spouse,
parents, children, siblings, or guardian, and includes a
lawful representative of a crime victim who is deceased, a
minor, or physically or psychologically incapacitated."
(Cal. Const., art. I, § 28, subd. (e), italics added.)
3) Provides, in decisional law, that a juvenile court
restitution orders must comply with the broad definition of
a victim in the California Constitution. (In re Scott H.
(2013) 221 Cal.App.4th 515, 522.)
This bill defines a victim for purposes of restitution in
juvenile delinquency matters to be the same as the definition of
a victim for purposes of restitution orders in adult criminal
sentencing.
Background
Full restitution to a victim of criminal activity is required by
the California Constitution. Criminal activity includes a
delinquent act. The definition in the California Constitution
of a victim is quite broad. Appellate courts have found that
the Constitution requires that scope of restitution in juvenile
delinquency matters must be essentially equivalent to
restitution in adult criminal cases. This bill makes the
statutory provisions in juvenile delinquency restitution
essentially the same is in adult criminal matters.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
SUPPORT: (Verified5/4/15)
Crime Victims Action Alliance (co-source)
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Los Angeles County District Attorney (co-source)
AFSCME
AFSCME, Local 685
Association for Los Angeles Deputy Sheriffs
Los Angeles Police Protective League
Riverside Sheriffs Association
County Probation Officers Union
Association of Deputy District Attorneys
California District Attorneys Association
OPPOSITION: (Verified5/4/15)
Youth Law Center
ARGUMENTS IN SUPPORT: The author and sponsor argue:
"Currently, [the juvenile court restitution statute
does not include a direct victim's] immediate family
members as being entitled to restitution for
?.crime-related expenses because they do not fall
within the definition of a victim in Welfare and
Institutions Code Section 730.6(j).) Because that
section does not mirror the definition of a victim in
Penal Code Section 1202.4 (f), the Los Angeles County
District Attorney has had to rely on the appellate
courts' interpretation of the statute to obtain
restitution orders on behalf of victims in juvenile
court cases.
"The court in In re Scott H. (2013) 221 Cal.App.4th
515 considered whether the family members of the
victim of a lewd conduct offense committed by a
juvenile offender were entitled to restitution for
mental health counseling fees. The juvenile court
ordered restitution for the therapy, but the juvenile
court order was reversed by the Court of Appeal
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because the family members were not specifically
defined as victims in the juvenile court restitution
statute. The California Supreme Court vacated the
decision of the Court of Appeal and directed the court
to reconsider its decision in light of [the expansive
definition of a victim] in the California
Constitution. Had the Welfare and Institutions Code
mirrored the Penal Code restitution provisions, the
juvenile court restitution order would have stood
without the need for a Supreme Court decision.
ARGUMENTS IN OPPOSITION:The Youth Law Center states in
opposition, "This bill will amend Welfare and Institutions
Code section 730.6 to greatly expand the definition of
victim, including adding a wide variety of businesses and
legal entities to the definition. S.B. 651 will saddle
young people involved in the juvenile justice system with
debts that will impede their ability to reintegrate into
society and become productive citizens."
Prepared by: Jerome McGuire / PUB. S. /
5/7/15 14:07:24
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