BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      AB 15


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          15 (Holden)


          As Amended  September 1, 2015


          Majority vote


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          Original Committee Reference:  JUD.




          SUMMARY:  Extends 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.  Specifically,  
          this bill:


          1)Allows a victim up to 10 years to bring a civil tort claim for  
            assault, battery or wrongful death, when a victim can  
            establish that the abuse also constitutes an act of torture,  
            genocide, a war crime, an attempted extrajudicial killing, or  
            a crime against humanity.










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          2)Allows an award of reasonable attorney's fees and litigation  
            costs to a prevailing plaintiff. 


          3)Requires that a civil action be commenced within 10 years for  
            the taking of property in violation of international law, or a  
            civil action seeking benefits under an insurance policy, where  
            the insurance claim arises out of any conduct that constitutes  
            a human rights violation. 


          4)Extends the applicable statutes of limitations for claims by  
            adults and minors:  from within five years to within seven  
            years of the date on which the trafficking victim was freed  
            for an adult; and eight years to 10 years after attaining  
            majority age for a minor.


          5)Requires that its provisions are severable and if any  
            provisions or applications are held to be invalid, that  
            invalidity will affect no other provisions or applications  
            that are valid. 


          The Senate amendments:


          1)Remove the provision that allows the bill to apply  
            retroactively, so long as the conduct or action on which the  
            claim is based occurred within 115 years before January 1,  
            2016.


          2)Remove the provision that allows this bill to apply to all  
            pending and statutorily barred actions commenced on or before  
            January 1, 2018, including any actions dismissed based on the  
            expiration of statues of limitations in effect before January  
            1, 2016, with limited exceptions.


          3)Limit the ability of a plaintiff who is a citizen of this  
            state and who has held a cause of action for one of the claims  








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            specified in this bill from the time the claim arose in  
            another state, or in a foreign country, and which by the laws  
            of that state or country cannot be maintained there by reason  
            of the lapse of time, to pursue the cause of action within the  
            State of California.


          EXISTING LAW:  


          1)Requires that an action for assault, battery, or injury to, or  
            for the wrongful death of, an individual be commenced within  
            two years.  
          2)Provides that any person who deprives or violates the personal  
            liberty of another intending to obtain forced labor or  
            services, is guilty of human trafficking and will be punished  
            by imprisonment in the state prison for five, eight, or 12  
            years and a fine of not more than $500,000.  


          3)Provides that a victim of human trafficking may bring a civil  
            action for actual damages, compensatory damages, punitive  
            damages, injunctive relief, or any other appropriate relief  
            within five years of the date on which the trafficking victim  
            was freed or, if a minor, when the act of human trafficking  
            occurred, then within eight years after attaining majority  
            age.  


          4)Provides that every person who intends to cause cruel or  
            extreme pain and suffering for the purpose of revenge,  
            extortion, persuasion, or for any sadistic purpose, inflicts  
            great bodily injury upon the person of another is guilty of  
            torture.  


          5)Provides that whoever, whether in time of peace or in time of  
            war and with the specific intent to destroy, in whole or in  
            substantial part, a national, ethnic, racial, or religious  
            group, is guilty of genocide.  










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          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, 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 results  
          in additional claims.  To the extent five additional claims are  
          filed in any one year, assuming one week of court time, annual  
          costs would be in the range of $125,000 (General Fund). 


          *Trial Court Trust Fund


          COMMENTS:  This bill creates a new statute of limitations of 10  
          years in existing law relating to tort claims by victims of  
          human rights violations.  It also extends the statute of  
          limitations in existing law relating to civil claims for human  
          trafficking.  


          Access to California Courts Can Be Critical For Victims.   
          Bringing a lawsuit against perpetrators of human rights  
          violations can deliver justice, offer closure for victims, and  
          act as a powerful deterrent to future abuses.  When the  
          perpetrators of these egregious acts are located in California,  
          they should not be able to avoid claims by hiding behind the  
          fact that the acts took place outside of the state or the  
          country.  Many of the foreign locations where human rights  
          violations occur do not have adequate mechanisms in place to  
          allow victims the opportunity to have their abuses addressed.   
          Some of these foreign locations have weaker or corrupt legal  
          systems where victims do not stand a chance to attain redress  
          for their injuries.  There have even been instances where the  
          foreign government condones the behavior or violations, so  
          protection for victims are nonexistent.  This is why the need  
          for an extended statute of limitations for human rights abuses  
          is so great because an extended statute of limitations allows  
          victims time to escape oppressive environments, heal from their  
          wounds, find legal services and then bring their claims before a  
          fair and just court system.  Some of the most atrocious human  
          rights violations have occurred in situations where the statute  
          of limitations was too short to allow victims to recover.  Many  
          survivors suffer physical and psychological consequences,  








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          post-traumatic stress disorders, depression, anxiety, grief and  
          other trauma and are not able to immediately bring their claims.  
           There is also the challenge of finding the right legal services  
          organization to handle the claim.  According to those  
          organizations that fight for human rights victims and support  
          this measure, due to the sensitivity and often international  
          nature of human rights abuses, human rights claims require  
          extraordinary time and preparation and pose additional obstacles  
          for victims who need their wrongs to be heard the most.


          Analysis Prepared by:                                             
                          Alison Merrilees / JUD. / (916) 319-2334FN:  
          0001951