BILL NUMBER: AB 1938	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 5, 2014
	AMENDED IN ASSEMBLY  APRIL 7, 2014

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.
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.
   (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.