BILL NUMBER: AB 538 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 20, 2015
AMENDED IN SENATE JULY 16, 2015
AMENDED IN ASSEMBLY MAY 13, 2015
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 criminal
offenders.
LEGISLATIVE COUNSEL'S DIGEST
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
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, which shall 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 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 10 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, "member of the victim's
immediate family" means a spouse, child, parent, sibling,
grandchild, or grandparent.
(b)
5065.5. (a) 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 offender's 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) 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)
( b) Within 90 days of being notified, the
Office of Victim and Survivor Rights and Services
California Department of Corrections and Rehabilitation
shall notify the victim, or if the victim cannot be reasonably
notified, a member of the victim's immediate family, who has
requested notification of the existence of a contract described by
this section.
(c) For purposes of this section, "member of victim's immediate
family" means a spouse, child, parent, sibling, grandchild, or
grandparent.