In re David

*678 Opinion

INTRODUCTION

Petitioner Terrance Rene David, convicted in 1989 of second degree murder for killing two people while driving under the influence of a drug, was paroled in 2010. Respondent, California’s Department of Corrections and Rehabilitation, Division of Adult Parole Operations, 1 oversees petitioner on parole. At the request of Elizabeth Coral, the sister of one of the victims, the Department imposed a condition restricting petitioner from living within 35 miles of Ms. Coral, pursuant to Penal Code section 3003, subdivision (f). 2 Petitioner desired to live with and take care of his mother, who resides in Burbank, California, which residence was within 35 miles of the residence of Ms. Coral. We hold that the request of the next of kin does not satisfy the requirements of section 3003, subdivision (f). Contrary to the Department’s assertion, the definition of “victim” in article I, section 28, subdivision (e) of the California Constitution is not applicable to Penal Code section 3003, subdivision (f). Moreover, in this matter, the restriction should not have been applied as a condition of parole, either under section 3003, subdivision (f) or otherwise because…

A. Penal Code 1 Section 3003, Subdivision (f) Has Been Rewritten by the Majority

The majority finds the word “victim” to be unambiguous, then identifies some ambiguity by pointing out that there are various definitions of “victim” *688 under the law, vows not to rewrite section 3003, subdivision (f), and then rewrites the statute to delete murder victims from its ambit. I respectfully disagree with this approach.

I would avoid rewriting section 3003, subdivision (f) and give “victim” a meaning consistent with the California Constitution. With this approach, a murder victim’s sister is a qualifying “victim,” has standing to invoke this provision of the statute, and may request the paroling agency require the murderer, as a condition of parole, to live over 35 miles from her residence.

In pertinent part, section 3003, subdivision (f) provides: “[A]n inmate who is released on parole shall not be returned to a location within 35 miles of the actual residence of a victim of, or a witness to, a violent felony as defined in paragraphs (1) to (7), inclusive, and paragraph 16 of subdivision (c) of Section 667.5 ... if the victim or witness has requested additional distance . . . and if…