BILL ANALYSIS Ó AB 15 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 15 (Holden) As Amended September 1, 2015 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |79-0 |(May 14, 2015) |SENATE: |40-0 |(September 8, | | | | | | |2015) | | | | | | | | | | | | | | | -------------------------------------------------------------------- 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. AB 15 Page 2 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 AB 15 Page 3 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. AB 15 Page 4 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, AB 15 Page 5 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