BILL NUMBER: AB 1938	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hagman

                        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 introduced, 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, or who was declared a ward of the court, 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.
State-mandated 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. 

   (2) No  
   (3) 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 declared a ward of the court
pursuant to Section 602 of the Welfare and Institutions Code 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. 
    (4)    A  civil action  may
  shall not  be commenced pursuant to paragraph (1)
 , (2), or (3)  if any of the following  applies:
  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)  shall apply  
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  prior to  
before  the effective date of this section, thereby reviving
those causes of action that had lapsed or expired under the law in
effect  prior to   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  prior to  
before  January 1, 2003. For purposes of this section,
termination of  a prior   an earlier 
action on the basis of the statute of limitations  does
  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  13966.01   13963  of
the Government Code.