AB 538, as amended, Campos. Actions for damages: felony 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.
begin delete 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.end delete 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. begin deleteThis bill would increase
from 10 to 15 years the statute of limitations for an action for damages if the conviction was for any enumerated felonies. end deleteThis bill would begin delete alsoend delete 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 prosecuting 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
begin delete or immediate family member of the victimend delete if he or she has requested notification.
This bill would also correct an erroneous cross-reference.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 340.3 of the Code of Civil Procedure is
2amended to read:
(a) Unless a longer period is prescribed for a specific
4action, in any action for damages against a defendant based upon
5the defendant’s commission of a felony offense for which the
6defendant has been convicted, the time for commencement of the
7action shall be within one year after judgment is pronounced.
8(b) (1) Notwithstanding subdivision (a), an action for damages
9against a defendant based upon the defendant’s commission of a
10felony offense for which the defendant has been convicted may
11be commenced within
begin delete 15end delete years of the date on which the
12defendant is discharged from parole if the conviction was for any
13offense specified in paragraph (1), except voluntary manslaughter,
14(2), (3), (4), (5), (6), (7), (9), (16), (17), (20), (22), (25), (34), or
15(35) of subdivision (c) of Section 1192.7 of the Penal Code.
16(2) No civil action may be commenced pursuant to paragraph
17(1) if any of the following applies:
18(A) The defendant has received either a certificate of
19rehabilitation as provided in Chapter 3.5 (commencing with Section
P3 14852.01) of Title 6 of Part 3 of the Penal Code or a pardon as
2provided in Chapter 1 (commencing with Section 4800) or Chapter
33 (commencing with Section 4850) of Title 6 of Part 3 of the Penal
5(B) Following a conviction for murder or attempted murder,
6the defendant has been paroled based in whole or in part upon
7evidence presented to the Board of Prison Terms that the defendant
8committed the crime because he or she was the victim of intimate
10(C) The defendant was convicted of murder or attempted murder
11in the second degree in a trial at which substantial evidence was
12presented that the person committed the crime because he or she
13was a victim of intimate partner battering.
14(D) The defendant was unlawfully imprisoned or restrained but
15has been released from prison after successfully prosecuting a writ
16of habeas corpus pursuant to Chapter 1 (commencing with Section
171473) of Title 12 of Part 2 of the Penal Code.
18(c) If the sentence or judgment is stayed, the time for the
19commencement of the action shall be tolled until the stay is lifted.
20For purposes of this section, a judgment is not stayed if the
21judgment is appealed or the defendant is placed on probation.
22(d) (1) Subdivision (b) shall apply to any action commenced
23before, on, or after the effective date of this section, including any
24action otherwise barred by a limitation of time in effect prior to
25the effective date of this section, thereby reviving those causes of
26action that had lapsed or expired under the law in effect prior to
27the effective date of this section.
28(2) Paragraph (1) does not apply to either of the following:
29(A) Any claim that has been litigated to finality on the merits
30in any court of competent jurisdiction prior to January 1, 2003.
31For purposes of this section, termination of a prior action on the
32basis of the statute of limitations does not constitute a claim that
33has been litigated to finality on the merits.
34(B) Any written, compromised settlement agreement that has
35been entered into between a plaintiff and a defendant if the plaintiff
36was represented by an attorney who was admitted to practice law
37in this state at the time of the settlement, and the plaintiff signed
39(e) Any restitution paid by the defendant to the victim shall be
40credited against any judgment, award, or settlement obtained
P4 1pursuant to this section. Any judgment, award, or settlement
2obtained pursuant to an action under this section shall be subject
3to the provisions of Section 13963 of the Government Code.
Section 5065.5 is added to the Penal Code, to read:
(a) For purposes of this section,
begin delete “immediate family means a
7spouse, child, parent, sibling, grandchild, or grandparent.
8(b) A person or entity that enters into a contract with a criminal
9offender for the sale of the story of a crime for which the offender
10was convicted shall notify the Office of Victim and Survivor Rights
11and Services within the California Department of Corrections and
12Rehabilitation that the parties have entered into a contract for sale
13of the offender’s story if both of the following conditions are met:
14(1) The conviction was for any offense specified in
15paragraph (1), except voluntary manslaughter, (2), (3), (4), (5),
16(6), (7), (9), (16), (17), (20), (22), (25), (34), or (35) of subdivision
17(c) of Section 1192.7.
18(2) Subdivision (b) of Section 340.3 of the Code of Civil
19Procedure does not preclude commencement of a civil action
20against the criminal offender.
21(c) Within 90 days of being notified, the Office of Victim and
22Survivor Rights and Services shall notify
begin delete any victim or member
23of the victim’s immediate familyend delete
25 who has requested notification of the existence of a contract
26described by this section.