BILL ANALYSIS Ó
SB 651
Page 1
SENATE THIRD READING
SB
651 (Leyva)
As Amended June 23, 2015
Majority vote
SENATE VOTE: 36-0
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+---------------------+---------------------|
|Public Safety |7-0 |Quirk, Melendez, | |
| | | | |
| | | | |
| | |Jones-Sawyer, | |
| | |Lackey, Lopez, Low, | |
| | |Santiago | |
| | | | |
| | | | |
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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:
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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
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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
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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
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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.
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"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