BILL ANALYSIS Ó SB 651 Page 1 SENATE THIRD READING SB 651 (Leyva) As Amended June 23, 2015 Majority vote SENATE VOTE: 36-0 ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+---------------------+---------------------| |Public Safety |7-0 |Quirk, Melendez, | | | | | | | | | | | | | | |Jones-Sawyer, | | | | |Lackey, Lopez, Low, | | | | |Santiago | | | | | | | | | | | | ------------------------------------------------------------------ SUMMARY: Conforms the definition of "victim" for purposes of restitution in juvenile delinquency proceedings to the definition of "victim" applicable in adult criminal proceedings. Specifically, this bill adds the following to the definition of a "victim" for purposes of the restitution statute applicable in juvenile dependency proceedings: SB 651 Page 2 1)A corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity when that entity is a direct victim of a crime; and 2)A person who has sustained economic loss as the result of a crime and who satisfies any of the following conditions: a) At the time of the crime was the parent, grandparent, sibling, spouse, child, or grandchild of the victim; b) At the time of the crime was living in the household of the victim; c) At the time of the crime was a person 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 relationship listed above; d) Is another family member of the victim, including, but not limited to, the victim's fiancé or fiancée, and who witnessed the crime; or, e) Is the primary caretaker of a minor victim. EXISTING LAW: 1)States that it is the unequivocal intention of the People of SB 651 Page 3 the State of California that all persons who suffer losses as a result of criminal activity shall have the right to restitution from the persons convicted of the crimes for losses they suffer. 2)Provides that restitution shall be ordered from the convicted wrongdoer in every case, regardless of the sentence or disposition imposed, in which a crime victim suffers a loss. 3)Defines "victim" for purposes of the Victim's Bill of Rights as "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 definition "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." 4)Requires victim restitution from adult criminal defendants who have been sentenced by the court in every case in which a victim has suffered an economic loss as a result of the defendant's conduct. 5)Provides for victim restitution from minors who have been found by the juvenile court to have committed a crime. 6)Creates a rebuttable presumption that a parent who has legal custody of a minor is jointly and severally liable with the minor for the amount of restitution, fines, and penalty assessments. 7)States that a "victim" for purposes of restitution in a juvenile delinquency proceeding includes the following (in SB 651 Page 4 addition to the actual victim): a) The immediate surviving family of the actual victim; and b) Any governmental entity that is responsible for repairing, replacing, or restoring public or privately owned property that has been defaced with graffiti or other inscribed material and that has sustained an economic loss as the result of specified criminal violations. 8)States that a victim for purposes of restitution in adult criminal proceedings includes the following: a) The immediate surviving family of the actual victim; b) A corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity when that entity is a direct victim of a crime; c) A person who has sustained economic loss as the result of a crime and who satisfies any of the following conditions: i) At the time of the crime was the parent, grandparent, sibling, spouse, child, or grandchild of the victim; ii) At the time of the crime was living in the household SB 651 Page 5 of the victim; iii) At the time of the crime was a person 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 an immediate family member; iv) Is another family member of the victim, including, but not limited to, the victim's fiancé or fiancée, and who witnessed the crime; or v) Is the primary caretaker of a minor victim; d) A person who is eligible to receive assistance from the Restitution Fund; and e) A governmental entity that is responsible for repairing, replacing, or restoring public or privately owned property that has been defaced with graffiti or other inscribed material, and that has sustained an economic loss as the result of specified criminal violations. FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the Legislative Counsel. COMMENTS: According to the author, "Senate Bill 651 expands the definition of a victim within the Welfare and Institutions Code so that it includes family members, guardians and significant others as 'derivative' victims of a crime committed by a minor. The changes in the definition would match the language in the Penal Code. SB 651 Page 6 "Under the revised definition, direct and derivative victims are eligible for compensation for out-of-pocket costs that resulted from a crime committed against them by a minor. No victim should ever be in a position to not be eligible for restitution simply because of an inconsistency in state law." Analysis Prepared by: Sandy Uribe / PUB. S. / (916) 319-3744 FN: 0000962