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. 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 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
begin delete Office of Victim and Survivor Rights and Services within theend delete California Department of Corrections and Rehabilitation, begin delete and for the Office of Victim and Survivor Rights and Services to, in turn,end delete notify the victim, or a member of the victim’s immediate family, as
specified, 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 10 years of the date on which the defendant
12is discharged from parole if the conviction was for any offense
13specified in paragraph (1), except voluntary manslaughter, (2),
14(3), (4), (5), (6), (7), (9), (16), (17), (20), (22), (25), (34), or (35)
15of 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
204852.01) of Title 6 of Part 3 of the Penal Code or a pardon as
21provided in Chapter 1 (commencing with Section 4800) or Chapter
P3 13 (commencing with Section 4850) of Title 6 of Part 3 of the Penal
3(B) Following a conviction for murder or attempted murder,
4the defendant has been paroled based in whole or in part upon
5evidence presented to the Board of Prison Terms that the defendant
6committed the crime because he or she was the victim of intimate
8(C) The defendant was convicted of murder or attempted murder
9in the second degree in a trial at which substantial evidence was
10presented that the person committed the crime because he or she
11was a victim of intimate partner battering.
12(D) The defendant was unlawfully imprisoned or restrained but
13has been released from prison after successfully prosecuting a writ
14of habeas corpus pursuant to Chapter 1 (commencing with Section
151473) of Title 12 of Part 2 of the Penal Code.
16(c) If the sentence or judgment is stayed, the time for the
17commencement of the action shall be tolled until the stay is lifted.
18For purposes of this section, a judgment is not stayed if the
19judgment is appealed or the defendant is placed on probation.
20(d) (1) Subdivision (b) shall apply to any action commenced
21before, on, or after the effective date of this section, including any
22action otherwise barred by a limitation of time in effect prior to
23the effective date of this section, thereby reviving those causes of
24action that had lapsed or expired under the law in effect prior to
25the effective date of this section.
26(2) Paragraph (1) does not apply to either of the following:
27(A) Any claim that has been litigated to finality on the merits
28in any court of competent jurisdiction prior to January 1, 2003.
29For purposes of this section, termination of a prior action on the
30basis of the statute of limitations does not constitute a claim that
31has been litigated to finality on the merits.
32(B) Any written, compromised settlement agreement that has
33been entered into between a plaintiff and a defendant if the plaintiff
34was represented by an attorney who was admitted to practice law
35in this state at the time of the settlement, and the plaintiff signed
37(e) Any restitution paid by the defendant to the victim shall be
38credited against any judgment, award, or settlement obtained
39pursuant to this section. Any judgment, award, or settlement
P4 1obtained pursuant to an action under this section shall be subject
2to 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, “member of the
5victim’s immediate family” means a spouse, child, parent, sibling,
6grandchild, or grandparent.
A person or entity that enters into a contract with
9a criminal offender for the sale of the story of a crime for which
10the offender was convicted shall notify the
begin delete Office of Victim and California Department of
11Survivor Rights and Services within theend delete
12Corrections and Rehabilitation that the parties have entered into
13a contract for sale of the offender’s story if both of the following
14conditions are met:
15(1) The offender’s conviction was for any offense specified in
16paragraph (1), except voluntary manslaughter, (2), (3), (4), (5),
17(6), (7), (9), (16), (17), (20), (22), (25), (34), or (35) of subdivision
18(c) of Section 1192.7.
19(2) Subdivision (b) of Section 340.3 of the Code of Civil
20Procedure does not preclude commencement of a civil action
21against the criminal offender.
23 Within 90 days of being notified, the
begin delete Office of Victim and
24Survivor Rights and Servicesend delete
26be reasonably notified, a member of the victim’s immediate family,
27who has requested notification of the existence of a contract
28described by this section.