BILL NUMBER: SB 1678	CHAPTERED  09/24/04

	CHAPTER  741
	FILED WITH SECRETARY OF STATE  SEPTEMBER 24, 2004
	APPROVED BY GOVERNOR  SEPTEMBER 24, 2004
	PASSED THE SENATE  AUGUST 17, 2004
	PASSED THE ASSEMBLY  AUGUST 12, 2004
	AMENDED IN ASSEMBLY  JUNE 16, 2004
	AMENDED IN SENATE  MAY 11, 2004
	AMENDED IN SENATE  APRIL 12, 2004

INTRODUCED BY   Senator Dunn

                        FEBRUARY 20, 2004

   An act to add Section 340.35 to the Code of Civil Procedure,
relating to statutes of limitation.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1678, Dunn.  Statutes of limitation:  damages:  sexual abuse of
a minor.
   Existing law sets forth the statutes of limitation for various
civil actions, as specified.
   This bill would revive a cause of action, provided an action is
brought before January 1, 2006, for the sexual abuse of a minor if
any complaint, information, or indictment was filed in a criminal
case based upon that abuse but the criminal case was dismissed or
overturned pursuant to a specified decision of the United States
Supreme Court holding that the revival of the criminal action after
the criminal statute of limitations has expired constitutes an
unconstitutional ex post facto law, as specified.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 340.35 is added to the Code of Civil Procedure,
to read:
   340.35.  (a) This section shall apply if both of the following
conditions are met:
   (1) A complaint, information, or indictment was filed in a
criminal case initiated pursuant to subdivision (f), (g), or (h) of
Section 803 of the Penal Code.
   (2) The case was dismissed or overturned pursuant to the United
States Supreme Court's decision in Stogner v. California (2003) 156
L.Ed.2d 544.
   (b) Unless a longer period is prescribed for a specific action,
any action for damages against an individual for committing an act of
childhood sexual abuse shall be commenced before January 1, 2006.
   (c) This section shall apply 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 prior to the
effective date of this section, thereby reviving those causes of
action that had lapsed or expired under the law in effect prior to
the effective date of this section.
   (d) This section shall not apply to any of the following:
   (1) Any claim against a person or entity other than the individual
against whom a complaint, information, or indictment was filed as
described in paragraph (1) of subdivision (a).
   (2) Any claim that has been litigated to finality on the merits in
any court of competent jurisdiction prior to the effective date of
this section.  For purposes of this section, termination of a prior
action on the basis of the statute of limitations does not constitute
a claim that has been "litigated to finality on the merits."
   (3) 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 Section
13966.01 of the Government Code.