BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 15 (Holden) - Limitation of actions: human rights abuses ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: July 15, 2015 |Policy Vote: JUD. 5 - 0, JUD. 6 | | | - 0, JUD. 6 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 17, 2015 |Consultant: Jolie Onodera | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: AB 15 would extend the statute of limitations for victims of human trafficking to bring a civil action, as specified, and would create a 10-year statute of limitations to bring actions for specified offenses when the conduct would also constitute torture, genocide, a war crime, an attempted extrajudicial killing, or a crime against humanity, as defined. Fiscal Impact: Unknown, potentially significant increase in state court costs (General Fund) to the extent extending the statutes of limitations to bring civil actions in specified cases, as well as exempting claims otherwise barred under out-of-state or foreign statutes of limitations, results in additional claims. To the extent 10 additional claims are filed in any one year, assuming one week of court time, annual costs would be in the range of $250,000 (General Fund). AB 15 (Holden) Page 1 of ? *Trial Court Trust Fund Background: Existing law requires a civil action brought by a victim of human trafficking, as defined, to be commenced within five years of the date on which the trafficking victim was freed from the trafficking situation or, if the victim was a minor when the act occurred, within eight years after the date the plaintiff attains the age of majority. (Civil Code § 52.5.) Under existing law, the general statute of limitations in California to bring an action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another, is two years. (Code of Civil Procedure (CCP) § 335.1.) Pursuant to Section 361 of the CCP, "when a cause of action has arisen in another State, or in a foreign country, and by the laws thereof an action thereon cannot there be maintained against a person by reason of the lapse of time, an action thereon shall not be maintained against him in this State, except in favor of one who has been a citizen of this State, and who has held the cause of action from the time it accrued." This bill seeks to extend the statutes of limitations for bringing a civil action in human trafficking cases and other violations of law involving human rights abuses. Additionally, this bill seeks to provide an exemption from current state law that prohibits claims that otherwise would have been ineligible in another state or country to be brought under the new statute of limitations created in this measure. Proposed Law: This bill would extend the existing statute of limitations for victims of human trafficking to bring a civil action from five to seven years, and, in the case of minors, from eight to 10 years after the plaintiff attains the age of majority. Additionally, this bill would create a 10-year statute of limitations to bring the following actions: For assault, battery, or both, where the conduct constituting AB 15 (Holden) Page 2 of ? the assault or battery would also constitute specified acts of torture, genocide, a war crime, attempted extrajudicial killing, or crimes against humanity; For wrongful death, where the death arises out of conduct constituting any of the acts described above, or where the death would constitute an extrajudicial killing under the federal Torture Victim Protection Act of 1991; For specified takings of property in violation of international law; For seeking benefits under an insurance policy where the insurance claim arises out of any of the conduct described above. With regard to the above 10-year statutes of limitations provisions, this bill: Prohibits an action from being dismissed for failure to comply with any previously applicable statute of limitations. Specifies that CCP § 361, which prohibits an action from being maintained against a person in this State (except in favor of a citizen of California who has held the cause of action from the time it accrued) when a cause of action has arisen in another state or a foreign country, and by the laws thereof an action cannot there be maintained against a person by reason of lapse of time, shall not apply to an action brought under this bill. Specifies that its provisions apply to all actions commenced concerning an act described under the bill that occurs on or after January 1, 2016. Prior Legislation: AB 22 (Lieber) Chapter 240/2005, among other provisions, extended the statute of limitations for bringing a civil action for human trafficking to five years from the date on which the trafficking victim was freed from the trafficking situation, or if the victim was a minor when the act of human trafficking occurred, the action must be brought within eight years after the date the plaintiff attains the age of majority. Staff Comments: By extending the statute of limitations for bringing a civil action against an individual, as well as providing an exemption for actions that otherwise would have been barred under AB 15 (Holden) Page 3 of ? out-of-state or foreign statutes of limitations, this bill could potentially result in increased causes of action filed with the trial courts. It is unknown how many additional claims will be brought under the prospective provisions of this bill, but for every 10 additional claims brought forward statewide, assuming one week of court time, costs would be in the range of $250,000 (General Fund), utilizing an estimated hourly court cost of $600. Recommended Amendments: The author has committed to working on amendments to address concerns raised in the Senate Judiciary Committee with regard to the exemption from CCP § 361created in the bill. -- END --