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SB-1057 Terrorism: civil action.(2015-2016)

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SB1057:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION

Senate Bill
No. 1057


Introduced by Senator Anderson

February 16, 2016


An act to add Section 52.8 to the Civil Code, relating to terrorism.


LEGISLATIVE COUNSEL'S DIGEST


SB 1057, as introduced, Anderson. Terrorism: civil action.
Existing law provides that every person has, subject to the qualifications and restrictions provided by law, the right of protection from bodily harm, and from injury to his or her personal relations. Existing law authorizes the California Victim Compensation and Government Claims Board to compensate a victim of a crime from the Restitution Fund, a continuously appropriated fund, for pecuniary loss incurred as a direct result of the crime, when the board determines it will best aid the person seeking compensation.
This bill would authorize a person who is injured by an act of terrorism, as defined, to bring an action to recover damages against a person or entity who committed the act of terrorism, aided the person or entity to commit the act or terrorism, or coerced, induced, or solicited the person or entity to commit the act of terrorism. The bill would provide that the amount awarded may be up to 3 times the damages actually incurred, but in no event less than $10,000. The bill would permit a civil action or proceeding under this section to be commenced at any time within 5 years after the injury caused by the act of terrorism is suffered, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 52.8 is added to the Civil Code, to read:

52.8.
 (a) (1) A person who is injured by an act of terrorism may bring an action to recover damages against the following persons and entities:
(A) A person or entity who committed the act of terrorism.
(B) A person or entity who aided the person or entity to commit the act of terrorism.
(C) A person or entity who coerced, induced, or solicited the person or entity to commit the act of terrorism.
(2) The amount awarded may be up to three times the damages actually incurred, but in no event less than ten thousand dollars ($10,000). If the plaintiff prevails, the plaintiff shall be awarded reasonable attorney’s fees and costs of investigation and litigation.
(3) All persons or entities who commit an act of terrorism, aid the person or entity to commit the act of terrorism, or coerce, induce, or solicit the person or entity to committed the act of terrorism, shall be jointly and severally liable for all damages, attorney’s fees, and costs of investigation and litigation.
(4) Notwithstanding any law, a civil action or proceeding under this section may be commenced at any time within five years after the injury caused by the act of terrorism. If a criminal prosecution proceeds against a person or entity who committed an act of terrorism, aided the person or entity to commit the act of terrorism, or coerced, induced, or solicited the person or entity to commit the act of terrorism, the time for commencing suit shall be tolled during the pendency of that criminal prosecution.
(b) As used in this section, “terrorism” means the commission of any of the acts listed in this subdivision if the offender has the intent to intimidate or coerce the civilian population, influence the policy of a unit of government by intimidation or coercion, or affect the conduct of a unit of government by intimidation or coercion.
(1) Killing of a human being, including unlawful homicide or manslaughter, as defined in Chapter 1 (commencing with Section 187) of Title 8 of Part 1 of the Penal Code.
(2) Intentional infliction of great bodily injury upon a human being.
(3) Kidnapping, as defined in Section 207 of the Penal Code.
(4) Arson, as defined in Chapter 1 (commencing with Section 450) of Title 13 of Part 1 of the Penal Code.
(5) Felony vandalism, as defined in paragraph (1) of subdivision (b) of Section 594 of the Penal Code.
(6) Assault with a deadly weapon or by means of force likely to produce great bodily injury, as defined in Section 245 of the Penal Code.
(7) Robbery, as defined in Chapter 4 (commencing with Section 211) of Title 8 of Part 1 of the Penal Code.
(8) Shooting at an inhabited dwelling or occupied motor vehicle, as defined in Section 246 of the Penal Code.
(9) Discharging or permitting the discharge of a firearm from a motor vehicle, as defined in subdivisions (a) and (b) of Section 26100 of the Penal Code.
(10) Rape, as defined in Section 261 of the Penal Code.
(11) Looting, as defined in Section 463 of the Penal Code.
(12) Aggravated mayhem, as defined in Section 205 of the Penal Code.
(13) Torture, as defined in Section 206 of the Penal Code.
(14) Carjacking, as defined in Section 215 of the Penal Code.
(15) Threats to commit crimes which would result in death or great bodily injury, as defined in Section 422 of the Penal Code.
(16) Using or directly employing against another person a weapon of mass destruction in a form that may cause widespread great bodily injury or death.
(17) Using a weapon of mass destruction in a form that may cause widespread damage to or disruption of the food supply or “source of drinking water” as defined in subdivision (d) of Section 25249.11 of the Health and Safety Code.
(18) Using a weapon of mass destruction in a form that may cause widespread and significant damage to public natural resources, including coastal waterways and beaches, public parkland, surface waters, groundwater, and wildlife.
(19) Using recombinant technology or any other biological advance to create new pathogens or more virulent forms of existing pathogens for use in any crime.
(20) Giving, mailing, sending, or causing to be sent any false or facsimile weapon of mass destruction to another person, or placing, causing to be placed, or possessing any false or facsimile weapon of mass destruction, with the intent to cause another person to fear for his or her own safety, or for the personal safety of others.
(21) Knowingly threatening to use a weapon of mass destruction.
(c) As used in this section, “aiding a person or entity to commit an act of terrorism” means raising, soliciting, collecting, or providing material support or resources with the intent that it will be used, in whole or in part, to plan, prepare, carry out, or aid in any act of terrorism, hindering the prosecution of terrorism, or the concealment of, or escape from, an act of terrorism.
(d) As used in this section, “hindering prosecution of terrorism” includes, but is not limited to, all of the following:
(1) Harboring or concealing a person who is known, or believed, by the offender to have committed an act of terrorism.
(2) Warning a person who is known, or believed, by the offender to have committed an act of terrorism of impending discovery or apprehension.
(3) Suppressing any physical evidence that might aid in the discovery or apprehension of a person who is known, or believed, by the offender to have committed an act of terrorism.
(e) As used in this section, “material support or resources” means currency or other financial assistance, financial services, instruments of value, lodging, training, safehouses, false documentation or identification, communication equipment, computer equipment, software, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets, except the provision of medical attention by a licensed health care provider or religious materials.
(f) As used in this section, “weapon of mass destruction” includes, but is not limited to, chemical warfare agents, weaponized biological or biologic warfare agents, restricted biological agents, nuclear agents, radiological agents, or the intentional release of industrial agents, as a weapon, or an aircraft, vessel, or vehicle as described in Section 34500 of the Vehicle Code, that is used as a destructive weapon.