BILL ANALYSIS                                                                                                                                                                                                    



                                                                     AB 538


                                                                    Page  1





          Date of Hearing:  May 20, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          538 (Campos) - As Amended May 13, 2015


           ----------------------------------------------------------------- 
          |Policy       |Judiciary                      |Vote:|10 - 0       |
          |Committee:   |                               |     |             |
          |             |                               |     |             |
          |             |                               |     |             |
          |-------------+-------------------------------+-----+-------------|
          |             |                               |     |             |
          |             |                               |     |             |
          |             |                               |     |             |
          |-------------+-------------------------------+-----+-------------|
          |             |                               |     |             |
          |             |                               |     |             |
          |             |                               |     |             |
           ----------------------------------------------------------------- 


          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill allows victims of specified felonies to be notified  
          that the person who committed the felony has entered into a  
          contract for the sale of the story of the crime, and extends by  
          five years (from ten to 15 years) the statute of limitations to  








                                                                     AB 538


                                                                    Page  2





          file a civil action for damages against the person convicted of  
          the felony.  Specifically, this bill:


          1)Provides that any person or entity that enters into a  
            financial 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 (OVS) within the California Department of Corrections  
            and Rehabilitation (CDCR) that the parties have entered into  
            such a contract, if the following are true:


             a)   A crime that is the basis of the story sold under the  
               contract is specified in Code of Civil Procedure Section  
               340.3(b) and resulted in the felony conviction of the  
               offender.

             b)   An action for damages against the offender is allowed to  
               be commenced pursuant to Section 340.3(b) of the Code of  
               Civil Procedure.


          2)Requires OVS to notify the victim and members of the victim's  
            immediate family, as defined, that it has received  
            notification that a contract has been entered into for the  
            sale of the offender's story, if the victim or immediate  
            family member has previously requested to receive  
            notifications provided by OVS.


          FISCAL EFFECT:


          Negligible fiscal impact for OVS to provide the required  
          notifications, which will likely be minimal.


          COMMENTS:








                                                                     AB 538


                                                                    Page  3







          Background and Purpose. Currently, crime victims, their family  
          members, and certain witnesses in a criminal matter may fill out  
          a form (known as the "CDCR 1707 form") to provide their contact  
          information to OVS and request that OVS notify them in the case  
          of certain future events related to a particular criminal  
          offender.  For example, the current CDCR 1707 form allows a  
          person to be notified of the release, escape, or death of the  
          offender; a criminal appeal by the offender; the parole hearing  
          date for an offender sentenced to life imprisonment; and the  
          scheduled execution of an offender sentenced to death.  The form  
          is also used to inform OVS about the existence of a restitution  
          order, as well as any request for special conditions of parole  
          or community supervision when the offender is released from  
          incarceration.  


          According to the author, this bill would simply require OVS to  
          modify its current victim notification process to provide  
          notification of an additional event related to the criminal  
          offender-namely, a contractual relationship with another party  
          for the sale of the story of the crime for which he or she was  
          convicted.  


          Analysis Prepared by:Chuck Nicol / APPR. / (916)  
          319-2081



















                                                                     AB 538


                                                                    Page  4