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VICTIMS' RIGHTS

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In California victim’s rights are found in many different statutes. However the foundation of these rights is anchored by the California Constitution Article I section 28 (a)(13)(A) which 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 seek and secure restitution from the persons convicted of the crimes causing the losses they suffer. (B) 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.”

Numerous other code sections contain victim rights. These include the Penal Code, the Government Code, the Welfare and Institutions Code, the Civil Code, the Code of Civil Procedure, and even the Federal Bankruptcy Code. The primary code sections that highlight victim rights are Penal Code sections 679 through 690, 1202.4, 1214, and Welfare and Institutions Code section 730.6 and 730.7 for juveniles.

In November of 2008 the voters of California passed proposition 9 otherwise known as Marsy’s law. This new law solidified many victim rights dealing with notification rights of upcoming hearings, restitution, and dispositions. A full version of Marsy’s Law can be found at VICTIMS' BILL OF RIGHTS ACT OF 2008 - MARSY RIGHTS.