Crow

We granted review in this case to address two related questions. First, when a defendant is convicted of welfare fraud (Welf. & Inst. Code, § 10980, subd. (c)), and the trial court denies probation, may the court order the defendant to pay restitution to the defrauded government agency? We conclude that the controlling statute, Government Code section 13967, subdivision (c), empowers the trial court to do so.

The second issue concerns the manner in which the loss in cases of welfare fraud is calculated to determine the applicability of the sentence enhancement provision of Penal Code section 12022.6, subdivision (a). When defendant committed the crime in this case, that provision called for a one-year sentence increase if the loss to the victim exceeded $25,000. We conclude that the government's loss for purposes of the enhancement is the amount actually paid less the amount the defendant would have been eligible to receive absent the fraud. The defendant, however, bears the burden of proving that he or she would have been entitled to welfare benefits if the application for aid had been truthful instead of fraudulent. Here, defendant failed to demonstrate…

We granted review in this case to address two related questions. First, when a defendant is convicted of welfare fraud (Welf. & Inst. Code, § 10980, subd. (c)), and the trial court denies probation, may the court order the defendant to pay restitution to the defrauded government *955 agency? We conclude that the controlling statute, Government Code section 13967, subdivision (c), empowers the trial court to do so.

The second issue concerns the manner in which the loss in cases of welfare fraud is calculated to determine the applicability of the sentence enhancement provision of Penal Code section 12022.6, subdivision (a). When defendant committed the crime in this case, that provision called for a one-year sentence increase if the loss to the victim exceeded $25,000. We conclude that the government’s loss for purposes of the enhancement is the amount actually paid less the amount the defendant would have been eligible to receive absent the fraud. The defendant, however, bears the burden of proving that he or she would have been entitled to welfare benefits if the application for aid had been truthful instead of fraudulent. Here, defendant failed to demonstrate such…

I would reverse that part of the judgment of the Court of Appeal affirming the superior court’s judgment ordering defendant to make restitution in the amount of $31,807 to the Lake County Department of Social Services. Government Code section 13967, subdivision (c), authorizes restitution to be paid to a “victim” in cases in which a victim has suffered economic loss as a result of the defendant’s criminal conduct and the defendant is denied probation. Government Code section 13960, however, limits the definition of “victim" to those “persons” resident in California. I continue to believe, as the Legislature has expressly provided, that the definitions contained in Government Code section 13960 apply to Government Code section 13967, subdivision (c). (See People v. Broussard (1993) 5 Cal.4th 1067, 1077 [ 22 Cal.Rptr.2d 278 , 856 P.2d 1134 ] (dis. opn. of Panelli, J.).) Therefore, I cannot agree with the majority’s interpretation of Government Code section 13967, subdivision (c), because it is inconsistent with express statutory language. Under the existing statutory *964 scheme, a goverment agency cannot be a “victim” for purposes of restitution as it is neither a person nor a…