Does section 13967, subdivision (c) of the California Constitution allow a victim to recover any time he or she suffers as a result of the crime?

California, United States of America


The following excerpt is from People v. Diaz, 13 Cal.App.4th 1315, 3 Cal.Rptr.2d 658 (Cal. App. 1992):

Our conclusion is also supported by our consideration of the legislative history pertaining to section 13967, subdivision (c). The legislature adopted section 13967, subdivision (c) to further implement article I, section 28, subdivision (b) of the California Constitution, adopted by initiative in 1982, "proclaim[ing] the People's intent 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. [p] Restitution shall be ordered from the convicted persons in every case, regardless of the sentence or disposition imposed, in which a crime victim suffers a loss, unless compelling and extraordinary reasons exist to the contrary.' " (People v. Broussard, supra, 1 Cal.App.4th, 339, 2 Cal.Rptr.2d 22.) 5 The voters' expressed intent underlying the legislature's enactment of section 13967, subdivision (c) that a victim is to recover any time he or she "suffers a loss" requires us to construe the words "as a result of" broadly in favor of the victim. It would be contrary to such purpose to impose a "direct" causation requirement before a court may order restitution to be paid directly to a victim.

Other Questions


Is section 28, subdivision (d) of the California Constitution harmonized with section I, article I, section 15 of the constitution with respect to self-incrimination? (California, United States of America)
Does section 654, subdivision (a) of the California Criminal Code, allow a single offender to be punished for a single crime committed against a multiple victim? (California, United States of America)
Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)
What is the facial constitutionality of the section 17556 (d) of California Government Code 17556, subdivision (d), section 726 of the California Tax Code, providing that a local authority has authority to levy fees on behalf of a third party? (California, United States of America)
Can a defendant who commits the crime of grand theft auto in violation of section 487, subdivision (d) of section 666.5 of the California Criminal Code, be convicted of the crime? (California, United States of America)
Does section 13967(c) of the California Criminal Code require a defendant to pay restitution to victims who have suffered only economic loss as a result of their crimes? (California, United States of America)
Can a drafting error in section 1170.18, subdivision (c) of the California Constitution allow for the use of the word "act" rather than "code" in the context of section 11 70.18? (California, United States of America)
Does section 654, subdivision (a) of the California Criminal Code allow a defendant to be punished for more than one crime? (California, United States of America)
Does section 654, subdivision (a) of the California Code of Civil Procedure, Section 654 of the Criminal Code, allow a defendant to be punished for more than one act? (California, United States of America)
Does Section 654 of the California Criminal Code allow a court to stay the execution of a sentence for a lesser, less severely punishable crime, but more severely punishable, crime-preventable, offence? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.