SB 1057, as introduced, Anderson. Terrorism: civil action.
Existing law provides that every person has, subject to the qualifications and restrictions provided by law, the right of protection from bodily harm, and from injury to his or her personal relations. Existing law authorizes the California Victim Compensation and Government Claims Board to compensate a victim of a crime from the Restitution Fund, a continuously appropriated fund, for pecuniary loss incurred as a direct result of the crime, when the board determines it will best aid the person seeking compensation.
This bill would authorize a person who is injured by an act of terrorism, as defined, to bring an action to recover damages against a person or entity who committed the act of terrorism, aided the person or entity to commit the act or terrorism, or coerced, induced, or solicited the person or entity to commit the act of terrorism. The bill would provide that the amount awarded may be up to 3 times the damages actually incurred, but in no event less than $10,000. The bill would permit a civil action or proceeding under this section to be commenced at any time within 5 years after the injury caused by the act of terrorism is suffered, as specified.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 52.8 is added to the Civil Code, to read:
(a) (1) A person who is injured by an act of terrorism
3may bring an action to recover damages against the following
4persons and entities:
5(A) A person or entity who committed the act of terrorism.
6(B) A person or entity who aided the person or entity to commit
7the act of terrorism.
8(C) A person or entity who coerced, induced, or solicited the
9person or entity to commit the act of terrorism.
10(2) The amount awarded may be up to three times the damages
11actually incurred, but in no event less than ten thousand dollars
12($10,000). If the
plaintiff prevails, the plaintiff shall be awarded
13reasonable attorney’s fees and costs of investigation and litigation.
14(3) All persons or entities who commit an act of terrorism, aid
15the person or entity to commit the act of terrorism, or coerce,
16induce, or solicit the person or entity to committed the act of
17terrorism, shall be jointly and severally liable for all damages,
18attorney’s fees, and costs of investigation and litigation.
19(4) Notwithstanding any law, a civil action or proceeding under
20this section may be commenced at any time within five years after
21the injury caused by the act of terrorism. If a criminal prosecution
22proceeds against a person or entity who committed an act of
23terrorism, aided the person or entity to commit the act of terrorism,
24or coerced, induced, or solicited the person or entity to commit
25the act of terrorism, the time for commencing suit shall be
tolled
26during the pendency of that criminal prosecution.
27(b) As used in this section, “terrorism” means the commission
28of any of the acts listed in this subdivision if the offender has the
29intent to intimidate or coerce the civilian population, influence the
30policy of a unit of government by intimidation or coercion, or
31affect the conduct of a unit of government by intimidation or
32coercion.
33(1) Killing of a human being, including unlawful homicide or
34manslaughter, as defined in Chapter 1 (commencing with Section
35187) of Title 8 of Part 1 of the Penal Code.
36(2) Intentional infliction of great bodily injury upon a human
37being.
38(3) Kidnapping, as defined in Section 207 of the Penal Code.
P3 1(4) Arson, as defined in Chapter 1 (commencing with Section
2450) of Title 13 of Part 1 of the Penal Code.
3(5) Felony vandalism, as defined in paragraph (1) of subdivision
4(b) of Section 594 of the Penal Code.
5(6) Assault with a deadly weapon or by means of force likely
6to produce great bodily injury, as defined in Section 245 of the
7Penal Code.
8(7) Robbery, as defined in Chapter 4 (commencing with Section
9211) of Title 8 of Part 1 of the Penal Code.
10(8) Shooting at an inhabited dwelling or occupied motor vehicle,
11as defined in Section 246 of the Penal Code.
12(9) Discharging or permitting the discharge of a firearm from
13a motor vehicle, as defined in subdivisions (a) and (b) of
Section
1426100 of the Penal Code.
15(10) Rape, as defined in Section 261 of the Penal Code.
16(11) Looting, as defined in Section 463 of the Penal Code.
17(12) Aggravated mayhem, as defined in Section 205 of the Penal
18Code.
19(13) Torture, as defined in Section 206 of the Penal Code.
20(14) Carjacking, as defined in Section 215 of the Penal Code.
21(15) Threats to commit crimes which would result in death or
22great bodily injury, as defined in Section 422 of the Penal Code.
23(16) Using or directly employing against another person a
24weapon of mass destruction in a form that may
cause widespread
25great bodily injury or death.
26(17) Using a weapon of mass destruction in a form that may
27cause widespread damage to or disruption of the food supply or
28“source of drinking water” as defined in subdivision (d) of Section
2925249.11 of the Health and Safety Code.
30(18) Using a weapon of mass destruction in a form that may
31cause widespread and significant damage to public natural
32resources, including coastal waterways and beaches, public
33parkland, surface waters, groundwater, and wildlife.
34(19) Using recombinant technology or any other biological
35advance to create new pathogens or more virulent forms of existing
36pathogens for use in any crime.
37(20) Giving, mailing, sending, or causing to be sent any false
38or facsimile weapon of mass
destruction to another person, or
39placing, causing to be placed, or possessing any false or facsimile
P4 1weapon of mass destruction, with the intent to cause another person
2to fear for his or her own safety, or for the personal safety of others.
3(21) Knowingly threatening to use a weapon of mass destruction.
4(c) As used in this section, “aiding a person or entity to commit
5an act of terrorism” means raising, soliciting, collecting, or
6providing material support or resources with the intent that it will
7be used, in whole or in part, to plan, prepare, carry out, or aid in
8any act of terrorism, hindering the prosecution of terrorism, or the
9concealment of, or escape from, an act of terrorism.
10(d) As used in this section, “hindering prosecution of terrorism”
11includes, but is not limited to, all of the following:
12(1) Harboring or concealing a person who is known, or believed,
13by the offender to have committed an act of terrorism.
14(2) Warning a person who is known, or believed, by the offender
15to have committed an act of terrorism of impending discovery or
16apprehension.
17(3) Suppressing any physical evidence that might aid in the
18discovery or apprehension of a person who is known, or believed,
19by the offender to have committed an act of terrorism.
20(e) As used in this section, “material support or resources”
21means currency or other financial assistance, financial services,
22instruments of value, lodging, training, safehouses, false
23documentation or identification, communication equipment,
24computer equipment, software, facilities, weapons, lethal
25substances, explosives,
personnel, transportation, and other physical
26assets, except the provision of medical attention by a licensed
27health care provider or religious materials.
28(f) As used in this section, “weapon of mass destruction”
29includes, but is not limited to, chemical warfare agents, weaponized
30biological or biologic warfare agents, restricted biological agents,
31nuclear agents, radiological agents, or the intentional release of
32industrial agents, as a weapon, or an aircraft, vessel, or vehicle as
33described in Section 34500 of the Vehicle Code, that is used as a
34destructive weapon.
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