Crime victims: restitution.

Existing law requires the court to order defendants convicted of any crime to pay a fine in the form of a penalty, as specified. Existing law additionally requires the court to order defendants to pay restitution to the victim or victims, as well as a restitution fine. Existing law requires that a person convicted of specified crimes, including counterfeiting products and failing to disclose the origin of a recording or audiovisual work, pay restitution to the owner, lawful producer, or trade association acting on behalf of the owner or lawful producer that suffered economic loss from the violation. Under existing law, the value of each nonconforming article or device is based on the aggregate wholesale value of lawfully manufactured and authorized devices or articles from which sounds or visual images are devised, except in certain circumstances. This bill would specify that possession of nonconforming devices or articles intended for sale constitutes actual economic loss to an owner or lawful producer in the form of displaced legitimate wholesale purchases. The bill would also base the order of restitution on the aggregate wholesale value of lawfully manufactured and authorized devices or articles from which sounds or visual images are devised corresponding to the number of nonconforming devices or articles involved in the offense. The bill would make additional changes to Section 1202.4 of the Penal Code made by SB 1177 to take effect if both bills are enacted and this bill is enacted last. The bill would also make technical, nonsubstantive changes to these provisions.