BILL NUMBER: AB 538 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 5, 2015
INTRODUCED BY Assembly Member Campos
FEBRUARY 23, 2015
An act to amend Section 340.3 of the Code of Civil Procedure,
and to add Section 5065.5 to the Penal Code, relating to
civil actions. criminal offenders.
LEGISLATIVE COUNSEL'S DIGEST
AB 538, as amended, Campos. Actions for damages: felony
offenses. offenses: victim notification.
Existing law provides for the time of commencing civil actions
other than for the recovery of real property, as specified. Under
existing law, unless a longer period is prescribed for a specific
action, an action for damages against a defendant based upon the
defendant's commission of a felony offense for which the defendant
has been convicted is required to be brought within one year after
the judgment has been pronounced. Existing law also authorizes an
action for damages to be brought 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 specified. Under existing
law, a civil action cannot be commenced pursuant to these provisions
if a defendant has received a certificate of rehabilitation or a
pardon, among other circumstances.
This bill would increase from 10 to 25 15
years the statute of limitations for an action for damages if
the conviction was for any of those enumerated
felonies. This bill would also provide that a civil action
cannot be commenced pursuant to these provisions if the defendant was
unlawfully imprisoned or restrained but has been released from
prison after successfully prosecuti ng a writ of habeas
corpus.
Under existing law, a crime victim or family member of a crime
victim may request certain information from the Department of
Corrections and Rehabilitation regarding the status of a criminal
offender.
This bill would require a person or entity that enters into a
contract with a criminal offender for the sale of the story of a
crime for which the offender was convicted to notify the Office of
Victim and Survivor Rights and Services within the California
Department of Corrections and Rehabilitation, and for the Office of
Victim and Survivor Rights and Services to, in turn, notify the
victim or immediate family member of the victim if he or she has
requested notification.
This bill would also correct an erroneous cross-reference.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . 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 25 15 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) No civil action may be commenced pursuant to paragraph (1) if
any of the following applies:
(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.
(D) The defendant was unlawfully imprisoned or restrained but has
been released from prison after successfully prosecuting a writ of
habeas corpus pursuant to Chapter 1 (commencing with Section 1473) of
Title 12 of Part 2 of the Penal Code.
(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) shall apply 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 prior
to the effective date of this section, thereby reviving those causes
of action that had lapsed or expired under the law in effect prior to
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 prior to January 1, 2003. For
purposes of this section, termination of a prior action on the basis
of the statute of limitations does 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.
SEC. 2. Section 5065.5 is added to the
Penal Code , to read:
5065.5. (a) For purposes of this section, "immediate family
member" means a spouse, child, parent, sibling, grandchild, or
grandparent.
(b) A person or entity that enters into a contract with a criminal
offender for the sale of the story of a crime for which the offender
was convicted shall notify the Office of Victim and Survivor Rights
and Services within the California Department of Corrections and
Rehabilitation that the parties have entered into a contract for sale
of the offender's story if both of the following conditions are met:
(1) 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.
(2) Paragraph (2) of subdivision (b) of Section 340.3 of the Code
of Civil Procedure does not preclude commencement of a civil action
against the criminal offender.
(c) Within 90 days of being notified, the Office of Victim and
Survivor Rights and Services shall notify any victim or member of the
victim's immediate family who has requested notification of the
existence of a contract described by this section.