BILL NUMBER: SB 1057	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Anderson

                        FEBRUARY 16, 2016

   An act to add Section 52.8 to the Civil Code, relating to
terrorism.



	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 52.8 is added to the Civil Code, to read:
   52.8.  (a) (1) A person who is injured by an act of terrorism may
bring an action to recover damages against the following persons and
entities:
   (A) A person or entity who committed the act of terrorism.
   (B) A person or entity who aided the person or entity to commit
the act of terrorism.
   (C) A person or entity who coerced, induced, or solicited the
person or entity to commit the act of terrorism.
   (2) The amount awarded may be up to three times the damages
actually incurred, but in no event less than ten thousand dollars
($10,000). If the plaintiff prevails, the plaintiff shall be awarded
reasonable attorney's fees and costs of investigation and litigation.

   (3) All persons or entities who commit an act of terrorism, aid
the person or entity to commit the act of terrorism, or coerce,
induce, or solicit the person or entity to committed the act of
terrorism, shall be jointly and severally liable for all damages,
attorney's fees, and costs of investigation and litigation.
   (4) Notwithstanding any law, a civil action or proceeding under
this section may be commenced at any time within five years after the
injury caused by the act of terrorism. If a criminal prosecution
proceeds against a person or entity who committed an act of
terrorism, aided the person or entity to commit the act of terrorism,
or coerced, induced, or solicited the person or entity to commit the
act of terrorism, the time for commencing suit shall be tolled
during the pendency of that criminal prosecution.
   (b) As used in this section, "terrorism" means the commission of
any of the acts listed in this subdivision if the offender has the
intent to intimidate or coerce the civilian population, influence the
policy of a unit of government by intimidation or coercion, or
affect the conduct of a unit of government by intimidation or
coercion.
   (1) Killing of a human being, including unlawful homicide or
manslaughter, as defined in Chapter 1 (commencing with Section 187)
of Title 8 of Part 1 of the Penal Code.
   (2) Intentional infliction of great bodily injury upon a human
being.
   (3) Kidnapping, as defined in Section 207 of the Penal Code.
   (4) Arson, as defined in Chapter 1 (commencing with Section 450)
of Title 13 of Part 1 of the Penal Code.
   (5) Felony vandalism, as defined in paragraph (1) of subdivision
(b) of Section 594 of the Penal Code.
   (6) Assault with a deadly weapon or by means of force likely to
produce great bodily injury, as defined in Section 245 of the Penal
Code.
   (7) Robbery, as defined in Chapter 4 (commencing with Section 211)
of Title 8 of Part 1 of the Penal Code.
   (8) Shooting at an inhabited dwelling or occupied motor vehicle,
as defined in Section 246 of the Penal Code.
   (9) Discharging or permitting the discharge of a firearm from a
motor vehicle, as defined in subdivisions (a) and (b) of Section
26100 of the Penal Code.
   (10) Rape, as defined in Section 261 of the Penal Code.
   (11) Looting, as defined in Section 463 of the Penal Code.
   (12) Aggravated mayhem, as defined in Section 205 of the Penal
Code.
   (13) Torture, as defined in Section 206 of the Penal Code.
   (14) Carjacking, as defined in Section 215 of the Penal Code.
   (15) Threats to commit crimes which would result in death or great
bodily injury, as defined in Section 422 of the Penal Code.
   (16) Using or directly employing against another person a weapon
of mass destruction in a form that may cause widespread great bodily
injury or death.
   (17) Using a weapon of mass destruction in a form that may cause
widespread damage to or disruption of the food supply or "source of
drinking water" as defined in subdivision (d) of Section 25249.11 of
the Health and Safety Code.
   (18) Using a weapon of mass destruction in a form that may cause
widespread and significant damage to public natural resources,
including coastal waterways and beaches, public parkland, surface
waters, groundwater, and wildlife.
   (19) Using recombinant technology or any other biological advance
to create new pathogens or more virulent forms of existing pathogens
for use in any crime.
   (20) Giving, mailing, sending, or causing to be sent any false or
facsimile weapon of mass destruction to another person, or placing,
causing to be placed, or possessing any false or facsimile weapon of
mass destruction, with the intent to cause another person to fear for
his or her own safety, or for the personal safety of others.
   (21) Knowingly threatening to use a weapon of mass destruction.
   (c) As used in this section, "aiding a person or entity to commit
an act of terrorism" means raising, soliciting, collecting, or
providing material support or resources with the intent that it will
be used, in whole or in part, to plan, prepare, carry out, or aid in
any act of terrorism, hindering the prosecution of terrorism, or the
concealment of, or escape from, an act of terrorism.
   (d) As used in this section, "hindering prosecution of terrorism"
includes, but is not limited to, all of the following:
   (1) Harboring or concealing a person who is known, or believed, by
the offender to have committed an act of terrorism.
   (2) Warning a person who is known, or believed, by the offender to
have committed an act of terrorism of impending discovery or
apprehension.
   (3) Suppressing any physical evidence that might aid in the
discovery or apprehension of a person who is known, or believed, by
the offender to have committed an act of terrorism.
   (e) As used in this section, "material support or resources" means
currency or other financial assistance, financial services,
instruments of value, lodging, training, safehouses, false
documentation or identification, communication equipment, computer
equipment, software, facilities, weapons, lethal substances,
explosives, personnel, transportation, and other physical assets,
except the provision of medical attention by a licensed health care
provider or religious materials.
   (f) As used in this section, "weapon of mass destruction"
includes, but is not limited to, chemical warfare agents, weaponized
biological or biologic warfare agents, restricted biological agents,
nuclear agents, radiological agents, or the intentional release of
industrial agents, as a weapon, or an aircraft, vessel, or vehicle as
described in Section 34500 of the Vehicle Code, that is used as a
destructive weapon.