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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|ASSEMBLY: |79-0 |(May 14, 2015) |SENATE: |40-0 |(September 8, |
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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