Does Section 1203.04 of the California Constitution provide victims of criminal activity with a right to restitution from those convicted of crimes?

California, United States of America


The following excerpt is from People v. Severns, 24 Cal.App.4th 1140, 30 Cal.Rptr.2d 297 (Cal. App. 1994):

Section 1203.04 was enacted in 1983 as part of a package of legislation implementing the state constitutional provision for victim restitution added by Proposition 8. (See People v. Broussard, supra, 5 Cal.4th at p. 1073, 22 Cal.Rptr.2d 278, 856 P.2d 1134.) The constitutional provision states: "It is the unequivocal intention of the People of 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. [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." (Cal. Const., art. I, 28, subd. (b).)

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