The victim of any crime, or the parents or guardians of the victim if the victim is a minor, or the next of kin of the victim if the victim has died, have the right to attend all sentencing proceedings under this chapter and shall be given adequate notice by the probation officer of all sentencing proceedings concerning the person who committed the crime.
The victim, or up to two of the victim’s parents or guardians if the victim is a minor, or the next of kin of the victim if the victim has died, have the right to appear, personally or by counsel, at the sentencing proceeding and to reasonably express his, her, or their views concerning the crime, the person responsible, and the need for restitution. The court in imposing sentence shall consider the statements of victims, parents or guardians, and next of kin made pursuant to this section and shall state on the record its conclusion concerning whether the person would pose a threat to public safety if granted probation.
The provisions of this section shall not be amended by the Legislature except by statute passed in each house by rollcall vote entered in the journal, two-thirds of the membership concurring, or by a statute that becomes effective only when approved by the electors.
Notes of Decisions
Cited in
20
cases (
3 in the last 5 years), 1982–2024 · leading case:
People v. Johnson, 364 P.3d 359 (Cal. 2016).
People v. Johnson, 364 P.3d 359 (Cal. 2016).
· cites it 4× “(Pen. Code, § 1191.1.) Nor is there any doubt that her testimony would have been relevant as victim impact evidence at the penalty phase, had this capital proceeding been based on Lamons‘s murder.”
Dix v. Superior Court, 807 P.2d 1063 (Cal. 1991).
· cites it 2× “(b); Pen. Code, §§ 1191.1, 1191.15, 1191.25, 1203.”
Brosnahan v. Brown, 651 P.2d 274 (Cal. 1982).
· cites it 2× “8, § 7), (2) require that victims have the opportunity to attend sentencing proceedings in misdemeanor cases (Pen. Code, § 1191.1; Prop. 8, § 6, subd. (a)), and (3) enable prosecutors to obtain longer sentences for defendants by bringing and trying charges separately (Pen.”
People v. Zikorus, 150 Cal. App. 3d 324 (Cal. Ct. App. 1983).
· cites it 2× “Penal Code section 1191.1, on its face, creates certain statutory rights for victims of crime: (1) The right to attend sentencing proceedings, (2) The right to notice from the probation officer of all sentencing proceedings, and (3) The right “to reasonably express his or her…”
Crump v. Superior Court of L. A. Cnty., 249 Cal. Rptr. 3d 611 (Cal. Ct. App. 5th 2019).
“Victims are entitled to these 17 rights "[i]n order to preserve and protect a victim's rights to justice and due process.”
Randell v. State, 846 P.2d 278 (Nev. 1993).
“Code § 13-702(F); Cal. Penal Code § 1191.1 ). Courts in both states take expansive views of their victim impact statutes, concluding that they are designed to grant victims expanded rights, rather than to limit the rights of victims.”
Buschauer v. State, 804 P.2d 1046 (Nev. 1990).
“015(3) authorizes the victim to express in a reasonable fashion any views concerning four subjects: the crime, the impact of the crime on the victim, the need for restitution, and “the defendant.” The fourth subject, views concerning the defendant, goes beyond victim impact.”
People v. Green, 22 Cal. Rptr. 3d 736 (Cal. Ct. App. 2004).
“(b).) Victims are statutorily entitled to notice “of all sentencing proceedings”; they “have the right to appear .”
People v. Jones, 92 Cal. Daily Op. Serv. 9319 (Cal. Ct. App. 1992).
“] “With these principles in mind, we turn to our analysis of Penal Code section 1191.1. Penal Code section 1191.”
United States v. Degenhardt, 405 F. Supp. 2d 1341 (D. Utah 2005).
“§ 13-702(E) (requiring the court to consider victim impact testimony at an aggravation or mitigation proceeding); Cal.Penal Code § 1191.1 (permitting victim to appear and reasonably present views concerning the crime, the person responsible, and the need for restitution); Cal.”
Dix v. Cnty. of Shasta, 963 F.2d 1296 (9th Cir. 1992).
“5 Penal Code section 1191.1 in part requires that the judge consider whether the criminal would "pose a threat to public safety" before granting probation.”
MELISSA J. v. Superior Court, 190 Cal. App. 3d 476 (Cal. Ct. App. 1987).
“Penal Code section 1191.1 provides, in pertinent part: “The victim of any crime, or his or her parent or guardian if the victim is a minor .”
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