How has section 1202.4 of the California Constitution been interpreted and interpreted by the courts?

California, United States of America


The following excerpt is from People v. Vasquez, 10 Cal. Daily Op. Serv. 15, 10 Cal. Daily Op. Serv. 16, 119 Cal.Rptr.3d 29, 190 Cal.App.4th 1126 (Cal. App. 2010):

5 Section 1202.4 reflects the mandate of former article I, section 28, subdivision (b), of the California Constitution, enacted by the voters on June 8, 1982 as part of Proposition 8, the "Victims' Bill of Rights," which declared that "all persons who suffer losses as a result of criminal activity shall have the right to seek and secure restitution from the persons convicted of the crimes causing the losses they suffer." (See People v. Giordano (2007) 42 Cal.4th 644, 652, 68 Cal.Rptr.3d 51, 170 P.3d 623.) This portion of the California Constitution was further amended by initiative (Proposition 9) on November 4, 2008; former subdivision (b) was renumbered subdivision (b)(13), and the text was modified slightly.

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