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AB-1938 Actions for damages: felony offenses.(2013-2014)

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AB1938:v97#DOCUMENT

Amended  IN  Senate  May 05, 2014
Amended  IN  Assembly  April 07, 2014

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill
No. 1938


Introduced by Assembly Member Hagman
(Coauthor: Senator Vidak)

February 19, 2014


An act to amend Section 340.3 of the Code of Civil Procedure, relating to actions for damages.


LEGISLATIVE COUNSEL'S DIGEST


AB 1938, as amended, Hagman. Actions for damages: felony offenses.
Existing law authorizes, except as provided, an action for damages against a defendant based upon the defendant’s commission of a felony offense for which the defendant has been convicted to be commenced within 10 years of the date on which the defendant is discharged from parole if the conviction was for any of certain serious felonies, as defined, except as specified.
This bill would authorize, except as provided, an action for damages against a defendant who was found not guilty by reason of insanity to be commenced within 10 years of a specified date. The bill would also make nonsubstantive changes and update a cross-reference in these provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 340.3 of the Code of Civil Procedure is amended to read:

340.3.
 (a) Unless a longer period is prescribed for a specific action, in any action for damages against a defendant based upon the defendant’s commission of a felony offense for which the defendant has been convicted, the time for commencement of the action shall be within one year after judgment is pronounced.
(b) (1) Notwithstanding subdivision (a), an action for damages against a defendant based upon the defendant’s commission of a felony offense for which the defendant has been convicted may be commenced within 10 years of the date on which the defendant is discharged from parole if the conviction was for any offense specified in paragraph (1), except voluntary manslaughter, (2), (3), (4), (5), (6), (7), (9), (16), (17), (20), (22), (25), (34), or (35) of subdivision (c) of Section 1192.7 of the Penal Code.
(2) Notwithstanding subdivision (a), an action for damages against a defendant based upon the defendant’s commission of a felony offense for which the defendant was found not guilty by reason of insanity may be commenced within 10 years of the date on which the defendant is released from custody if the offense was for any offense specified in paragraph (1), except voluntary manslaughter, (2), (3), (4), (5), (6), (7), (9), (16), (17), (20), (22), (25), (34), or (35) of subdivision (c) of Section 1192.7 of the Penal Code.
(3) A civil action shall not be commenced pursuant to paragraph (1), (2), or (3) (1) or (2) if any of the following apply:
(A) The defendant has received either a certificate of rehabilitation as provided in Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code or a pardon as provided in Chapter 1 (commencing with Section 4800) or Chapter 3 (commencing with Section 4850) of Title 6 of Part 3 of the Penal Code.
(B) Following a conviction for murder or attempted murder, the defendant has been paroled based in whole or in part upon evidence presented to the Board of Prison Terms that the defendant committed the crime because he or she was the victim of intimate partner battering.
(C) The defendant was convicted of murder or attempted murder in the second degree in a trial at which substantial evidence was presented that the person committed the crime because he or she was a victim of intimate partner battering.
(c) If the sentence or judgment is stayed, the time for the commencement of the action shall be tolled until the stay is lifted. For purposes of this section, a judgment is not stayed if the judgment is appealed or the defendant is placed on probation.
(d) (1) Subdivision (b) applies to any action commenced before, on, or after the effective date of this section, including any action otherwise barred by a limitation of time in effect before the effective date of this section, thereby reviving those causes of action that had lapsed or expired under the law in effect before the effective date of this section.
(2) Paragraph (1) does not apply to either of the following:
(A) Any claim that has been litigated to finality on the merits in any court of competent jurisdiction before January 1, 2003. For purposes of this section, termination of an earlier action on the basis of the statute of limitations shall not constitute a claim that has been litigated to finality on the merits.
(B) Any written, compromised settlement agreement that has been entered into between a plaintiff and a defendant if the plaintiff was represented by an attorney who was admitted to practice law in this state at the time of the settlement, and the plaintiff signed the agreement.
(e) Any restitution paid by the defendant to the victim shall be credited against any judgment, award, or settlement obtained pursuant to this section. Any judgment, award, or settlement obtained pursuant to an action under this section shall be subject to the provisions of Section 13963 of the Government Code.