BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 651


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          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:








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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