BILL ANALYSIS                                                                                                                                                                                                    Ó





                             SENATE JUDICIARY COMMITTEE
                         Senator Hannah-Beth Jackson, Chair
                             2015-2016  Regular  Session


          SB 1057 (Anderson)
          Version: February 16, 2016
          Hearing Date: May 3, 2016
          Fiscal: No
          Urgency: No
          RD   


                                        SUBJECT
                                           
                              Terrorism:  civil action

                                      DESCRIPTION  

          This bill would authorize a person injured by an act of  
          terrorism, as defined, to bring an action to recover damages  
          against a person or entity who either: (1) committed the act of  
          terrorism; (2) aided the person or entity to commit the act of  
          terrorism, as specified; or (3) coerced, induced, or solicited  
          the person or entity to commit the act of terrorism. An act of  
          terrorism would include the commission of any one of specified  
          acts, 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.  Qualifying  
          acts include, among others: killing of a human being, including  
          unlawful homicide or manslaughter; arson; felony vandalism;  
          robbery; rape; torture; looting; and carjacking. 

          The bill would provide that the amount awarded may be up to  
          three 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  
          five years after the injury caused by the act of terrorism is  
          suffered, as specified.

                                      BACKGROUND  

          Other states, including Arkansas and Tennessee, the author  
          reports have enacted what is known as "Andy's Law," named after  








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          Private William "Andy" Long who was killed at a shooting at the  
          Little Rock Mall Army Recruiting Center on June 1, 2009.  

          This bill seeks to enact "Andy's Law" in this state and create a  
          civil remedy against persons or entities who either: commit the  
          act of terrorism; aid a person or entity to commit the act of  
          terrorism; or coerce, induce, or solicit the person or entity to  
          commit the act of terrorism, as specified. 

                                CHANGES TO EXISTING LAW
           
           Existing law  provides that every person has, subject to the  
          qualifications and restrictions provided by law, the right of  
          protection from bodily restraint or harm, from personal insult,  
          from defamation, and from injury to his personal relations.   
          (Civ. Code Sec. 43.)  
           
           Existing law  provides that every person is bound, without  
          contract, to abstain from injuring the person or property of  
          another, or infringing upon any of his or her rights. (Civ. Code  
          Sec. 1708.) 

           Existing law  provides that everyone is responsible, not only for  
          the result of his or her willful acts, but also for an injury to  
          another caused by his or her lack of ordinary care or skill in  
          the management of his or her property or person, except so far  
          as the latter has, willfully or from lack of ordinary care,  
          brought the injury upon himself or herself.  (Civ. Code Sec.  
          1714(a).)

           Existing federal law  , the Antiterrorism Act of 1990, establishes  
          criminal offenses and penalties for acts of international and  
          domestic terrorism, including criminal penalties for those who  
          harbor or conceal terrorists, and those who provide material  
          support to terrorists, provide material support or resources to  
          designated foreign terrorist organizations, or who finance  
          terrorism. (18 U.S.C. Sec. 2331 et seq.)   

           Existing federal law  , the Antiterrorism Act of 1990, defines  
          "international terrorism" to mean activities that: 
           involve violent acts or acts dangerous to human life that  
            violate federal or state law, or that would be a criminal  
            violation if committed within the jurisdiction of the U.S. or  
            of any State; 
           appear to be intended: (i) to intimidate or coerce a civilian  







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            population; (ii) to influence the policy of a government by  
            intimidation or coercion; or (iii) to affect the conduct of a  
            government by mass destruction, assassination, or kidnapping;  
            and
           occur primarily outside the territorial jurisdiction of the  
            U.S., or transcend national boundaries in terms of the means  
            by which they are accomplished, the persons they appear  
            intended to intimidate or coerce, or the locale in which their  
            perpetrators operate or seek asylum.  (18 U.S.C. Sec.  
            2331(1).)  

           Existing federal law  , the Antiterrorism Act of 1990, defines  
          "domestic terrorism" to mean activities with the following three  
          characteristics:
           involve acts dangerous to human life that violate federal or  
            state law;
           appear intended to: (i) intimidate or coerce a civilian  
            population; (ii) influence the policy of a government by  
            intimidation or coercion; or (iii) affect the conduct of a  
            government by mass destruction, assassination, or kidnapping;  
            and
           occur primarily within the territorial jurisdiction of the  
            U.S. (18 U.S.C. Sec. 2331(5).)  

          Existing federal law  , the Antiterrorism Act of 1990, generally  
          provides that any national of the U.S. injured in his or her  
          person, property, or business by reason of an act of  
          international terrorism, or his or her estate, survivors, or  
          heirs, may sue therefor in any appropriate district court of the  
          U.S. and shall recover threefold the damages he or she sustains  
          and the cost of the suit, including attorney's fees.  (18 U.S.C.  
          Sec. 2333(a).)  

           This bill  would define "terrorism" as the commission of certain  
          acts, 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. Qualifying  
          acts, include, the following acts, as defined under various  
          provisions of the Penal Code: 
           killing of a human being, including unlawful homicide or  
            manslaughter; 
           kidnapping; 
           arson;
           felony vandalism;







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           assault with a deadly weapon or by means of force likely to  
            produce great bodily injury;
           robbery;
           shooting at an inhabited dwelling or occupied motor vehicle;
           discharging or permitting the discharge of a firearm from a  
            motor vehicle;
           rape;
           looting;
           aggravated mayhem;
           torture,
           carjacking; and 
           threats to commit crimes which would result in death or great  
            bodily injury.

           This bill  would also define the commission of the following acts  
          as acts of terrorism, 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:
           intentional infliction of great bodily injury upon a human  
            being;
           using or directly employing against another person a weapon of  
            mass destruction in a form that may cause widespread great  
            bodily injury or death.
           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 under the Health and  
            Safety Code; 
           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;
           using recombinant technology or any other biological advance  
            to create new pathogens or more virulent forms of existing  
            pathogens for use in any crime;
           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; and
           knowingly threatening to use a weapon of mass destruction.

           This bill  would provide that a person who is injured by an act  







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          of terrorism may bring an action to recover damages against the  
          following persons and entities:
           a person or entity who committed the act of terrorism;
           a person or entity who aided the person or entity to commit  
            the act of terrorism; and
           a person or entity who coerced, induced, or solicited the  
            person or entity to commit the act of terrorism.

           This bill  would provide that the amount awarded may be up to  
          three times the damages actually incurred, but in no event less  
          than $10,000.  A prevailing plaintiff shall be awarded  
          reasonable attorney's fees and costs of investigation and  
          litigation.

           This bill  would provide that 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 commit the act of terrorism, are jointly and severally liable  
          for all damages, attorney's fees, and costs of investigation and  
          litigation.

           This bill  would provide that notwithstanding any law, a civil  
          action or proceeding for an act of terrorism 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,  
          this bill would provide for the tolling of the statute of  
          limitations during the pendency of that criminal prosecution.
           
          This bill  would define "aiding a person or entity to commit an  
          act of terrorism" as 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.  This bill would further define various terms for  
          these purposes.   

                                        COMMENT
           
          1.   Stated need for the bill
           
          According to the author: 







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            On June 1st 2009, terrorism hit home in Little Rock, Arkansas  
            when a Jihadist terrorist, Abdulhakim Mujahid Muhammad  
            (formerly known as Carlos Bledsoe) shot two U.S. Army soldiers  
            outside a recruiting office in a shopping mall.  Killed in  
            that attack was Private William "Andy" Long.  Private Quinton  
            I. Ezeagwula was wounded.

            To fully comprehend the true nature of the threat of  
            terrorism, one must understand that, though Muhammad had been  
            labeled a "lone wolf," such terrorism does not happen in a  
            vacuum. 

            Before he became Abdulhakim Mujahid Muhammad, Carlos Bledsoe  
            was recruited. He was indoctrinated. He was selected to  
            receive training in Yemen and after completing that training,  
            committed horrible acts of terrorism in what he himself termed  
            "Jihad."

            Terrorism doesn't just happen. It is perpetrated both by  
            individuals that are motivated and trained, and by those who  
            support their efforts with money and that motivation and  
            training.

            Currently, there is no avenue in California for victims of  
            terrorism or their families to seek civil damages against  
            those who facilitate acts of terrorism. The federal RICO  
            [Racketeer Influenced and Corrupt Organizations] statute does  
            not provide meaningful remedies because it only allows damages  
            for business losses and property damage, and not for personal  
            injury or wrongful death.

            This bill would allow victims of terrorism and their families  
            to begin to heal by allowing them to recover damages and  
            attorney's fees from those who facilitate acts of terrorism.  
            By giving victims and their families the legal tools to  
            collect restitution by seizing assets will bring  
            responsibility to those who up to now have been able to hide  
            in the shadows of these heinous acts.  [ . . . ]

          2.    This bill appears duplicative of existing civil actions

           While the author references the federal Racketeer Influenced and  
          Corrupt Organizations (RICO) Act (a federal law that provides  
          for extended criminal penalties and a civil cause of action for  







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          acts performed as part of an ongoing criminal organization) as  
          providing insufficient remedies to victims of terrorism or their  
          families, there are a host of state laws that would provide for  
          remedies for a victim of the various acts listed under the bill  
          as acts of terrorism.   In addition, to the extent that this  
          bill's definition of terrorism also potentially applies to acts  
          of international terrorism, there are also remedies currently  
          available under the Federal Antiterrorism Act.  

          First, the Antiterrorism Act (ATA) of 1990 provides for criminal  
          and civil penalties for acts of international and domestic  
          terrorism, including criminal penalties for those who harbor or  
          conceal terrorists, and those who provide material support to  
          terrorists, provide material support or resources to designated  
          foreign terrorist organizations, or who finance terrorism.  (18  
          U.S.C. Sec. 2331 et seq.)  The ATA provides that any national of  
          the United States injured in his or her person, property, or  
          business by reason of an act of international terrorism, or his  
          or her estate, survivors, or heirs, may sue therefor in any  
          appropriate U.S. district court and shall recover threefold the  
          damages he or she sustains and the cost of the suit, including  
          attorney's fees.  (See 18 U.S.C. Sec. 2333.)  

          Second, most, if not all, of the acts listed in this bill would  
          arguably be subject to a civil cause of action under California  
          law already, including causes of action for assault and battery,  
          wrongful death, false imprisonment, damage to personal property,  
          and negligent or intentional infliction of emotional distress,  
          among others.  This bill would appear to create an additional  
          cause of action for a broad range of acts, based on the intent  
          of the individual to intimidate or coerce the civilian  
          population, to influence the policy of a unit of government by  
          intimidation or coercion, or to affect the conduct of a unit of  
          government by intimidation or coercion.   (See Comment 3 for  
          more.) 

          Ultimately, it appears that this bill seeks to establish  
          liability for any persons or entities that "aided the person or  
          entity to commit the act of terrorism" or that "coerced,  
          induced, or solicited" the person or entity directly committing  
          the act of terrorism, where secondary liability might not  
          otherwise exist for such individuals under state law.  (See  
          Comments 4 and 5.)  Also, as the bill is currently drafted, it  
          is unclear whether this bill is aimed solely at domestic acts of  
          terrorism, or if it is intended to also capture the commission  







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          of such terrorist acts outside of California, and perhaps  
          internationally.  To the extent that this bill seeks to address  
          the shortcomings of the federal RICO statutes by allowing  
          victims to seek relief against those who motivated and trained  
          or otherwise financially supported the persons or entities who  
          committed the acts of terrorism, a question arguably arises as  
          to whether public policy would not be better served to address  
          such acts by way of amending the state's RICO statute, the  
          California Control of Profits and Organized Crime Act (Pen. Code  
          Sec. 186 et seq.), to allow for the criminal prosecution of  
          these activities.  Furthermore, given that the federal law  
          provides for a similar civil cause of action under the ATA for  
          acts of international terrorism, which are violent acts or acts  
          dangerous to human life that violate federal or state law and  
          that appear to be intended to: (i) intimidate or coerce a  
          civilian population; (ii) influence the policy of a government  
          by intimidation or coercion; or (iii) affect the conduct of a  
          government by mass destruction, assassination, or kidnapping, a  
          question also arises as to whether the bill would be federally  
          preempted to the extent that it could be interpreted to apply to  
          create a cause of action for qualifying acts that are committed  
          internationally.

          Lastly, insofar as the bill also seeks to assist families of the  
          victims to seek redress against these individuals who aided or  
          were complicit in the act of terrorism, staff notes the bill  
          only creates a civil action for "a person who is injured" by the  
          act of terrorism (i.e., the direct victim of the killing, rape,  
          torture, looting, arson, carjacking, or other qualifying act),  
          and not for the person's survivors or heirs. 

          3.    Broad definition of terrorism could wholly reclassify  
            certain existing crimes as terrorism and otherwise classify  
            certain acts as an "act of terrorism" when tied to political  
            beliefs or protests of government
           
          This bill would define "terrorism" as the commission of certain  
          acts, if the offender has the intent to: (1) intimidate or  
          coerce the civilian population; (2) influence the policy of a  
          unit of government by intimidation or coercion; or (3) affect  
          the conduct of a unit of government by intimidation or coercion.  
           The bill provides for a host of qualifying acts, including, not  
          just the killing of a human being or kidnapping, but also acts  
          such as arson, felony vandalism, robbery, looting, aggravated  
          mayhem, and carjacking, among other things.  Moreover, the bill  







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          would create a cause of action not only against the offender  
          person or entity who committed the act, but also against any  
          person or entity that either aided the offender to commit the  
          act of terrorism, or coerced, induced, or solicited the offender  
          to commit the act of terrorism.  To this end, the bill would  
          provide for the joint and several liability of these potential  
          defendants, with respect to all damages (up to three times the  
          actual damages, but in no event less than $10,000), attorney's  
          fees, and costs of investigation and litigation.  In other  
          words, the plaintiff victim could recover the damages from one,  
          several, or all of the liable parties, regardless of each  
          individual defendant's exact share in the liability. 

          In doing so, a question arises as to whether a protester who,  
          for example, vandalizes property in the midst of a political  
          protest that seeks to influence government to bring an end to  
          racial profiling or institutionalized discrimination in the  
          criminal justice system,  would hereinafter be classified a  
          "terrorist."  Relatedly, would any other person or group  
          organizing the protest be deemed to have "aided" this protestor  
          who committed the "act of terrorism," if the group generally  
          made available to protestors, including the offender, "material  
          support or resources," such as signs (instruments of value)  
          loudspeakers or bullhorns (communication equipment), or financed  
          rentals of facilities for advance meetings for the protest  
          (financial support or facilities), or bussing to the location of  
          the protest (transportation)?  Furthermore, to the extent that  
          the bill provides no guidance as to what constitutes "coercing,  
          inducing, or soliciting" a person or entity to commit the act of  
          terrorism, would such an entity or other third party (i.e.,  
          fellow protestors) who does not otherwise provide material  
          support or resources, nonetheless fall within the scope of this  
          bill and be jointly liable, as long as they otherwise encouraged  
          the commission of the act in other (direct or indirect) ways?   
          By way of another example, would any group that advocates for  
          the closing of women's health clinics that provide access to  
          abortions be liable under this bill if they had any sort of  
          affiliation with a person who commits such terrorist acts of  
          arson or vandalism against such a clinic?  

          Additionally, this bill would appear to reclassify as  
          "terrorism" certain crimes that by their nature have the intent  
          or effect of intimidating the civil population, whether it is a  
          freeway shooter, or a serial killer, or serial rapist.  Insofar  
          as those victims have available causes of action under current  







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          law, this bill might not only be duplicative, but also create  
          practical confusion for victims and potential defendants as to  
          what statute of limitations would control the exact same set of  
          circumstances. 

          4.    Determining the intent of those who "aid" the commission of  
            terrorist acts could prove difficult  

          Generally, a party does not have a duty to protect an individual  
          from the acts of a third party, though there may be a duty to  
          protect an individual when there is a special relationship  
          between the parties, such as with the relationship between an  
          innkeeper and guest, or business owner to the public on his or  
          her property.  Such "secondary" liability generally attaches the  
          responsibility for harm or damages caused by a person (the  
          person who is directly responsible and holds primary liability)  
          to another person (who does not have the primary liability or  
          obligation), when a party induces others to break the law or  
          otherwise contributes to the breaking of the law, or when a  
          party controls others who break the law.  This is seen, for  
          example, in cases where an employer is held to be vicariously  
          liable for the negligent acts of his or her employees, or in the  
          case of a parent's imputed liability for the willful acts of his  
          or her child.  

          This bill seeks to create a specific private right of action  
          against any person who aids the person or entity to commit the  
          act of terrorism or who coerces, induces, or solicits the person  
          or entity directly committing the act of terrorism.  For these  
          purposes, a person or entity is deemed to have "aided a person  
          or entity to commit an act of terrorism" if they raise, solicit,  
          collect, or provide 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."  "Material support or resources"  
                                      includes currency or other financial assistance or financial  
          services, as well as 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.  
                     
          Insofar as an element of an "act of terrorism" under this bill  







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          involves the "intent" of the person or entity, in the commission  
          of any of the bill's qualifying acts of terrorism, 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, the  
          bill raises a question as to what types of factors or facts are  
          relevant in determining intent, particularly when considering  
          indirect acts of third parties of entities.  Likewise, the bill  
          raises a question as to what constitutes "intent" that the  
          material support or resources will be used 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."  At what point could the act of providing  
          legal aid funds to a defendant after the act, transmitting  
          messages on social media cites before the act, or providing  
          financial support from a religious institution to a recent  
          immigrant from the Middle East before the act, for example, be  
          interpreted as aiding the commission of an act of terrorism?   
          Ultimately, while the intent of the person directly committing  
          the act of terrorism may be easily discerned if the person made  
          closely connected statements before or during the commission of  
          the act, the intent of a person who "aided" in the commission of  
          the act is likely much more difficult to determine when  
          evaluating the possible intent behind indirect acts. 

          5.   Potential secondary liability of commercial banks providing  
            financial services  

          As noted in the comments above, the federal ATA provides for  
          civil remedies for any U.S. national who is injured in his or  
          her person, property, or business by reason of an act of  
          international terrorism.  Similar to this bill, the ATA also  
          applies to acts of those who provide material support to  
          terrorists, provide material support or resources to designated  
          foreign terrorist organizations, or finance terrorism.   
          Specifically, any person who provides material support or  
          resources, knowing or intending that they are to be used either  
          in preparation for, or in carrying out, or in concealing an  
          escape from the commission of, a violation of specified laws,  
          including provisions of the ATA (or any person who attempts or  
          conspires to do such an act), is subject to fines and  
          imprisonment under the ATA.  Notably, the ATA similarly defines  
          "material support or resources" to include any property,  
          tangible or intangible, or service, including currency or  
          monetary instruments or financial securities, financial  







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          services,  as well as any lodging, training, expert advice or  
          assistance, safehouses, false documentation or identification,  
          communications equipment, facilities, weapons, lethal  
          substances, explosives, personnel, and transportation, except  
          medicine or religious materials.  

          Given the similarities between provisions of this bill and the  
          ATA, it is worth noting that ATA civil litigation has reportedly  
          increased dramatically following September 11, 2001, with banks  
          emerging as an increasingly popular target, presumably due in  
          part to their deep pockets.  "Courts are divided concerning the  
          scope of liability under the statute, specifically over whether  
          the ATA authorizes a cause of action premised on secondary  
          liability.  Under a secondary liability theory, a plaintiff  
          could argue that a bank, through providing financial services to  
          a terrorist client, aided and abetted an act of international  
          terrorism."  (See Bitterly, Can Banks Be Liable for Aiding and  
          Abetting Terrorism?: A Closer Look into the Split on Secondary  
          Liability Under the Antiterrorism Act (2015) 33 Fordham L. Rev.  
          3389, 3389.).  

          While courts dismissed the earliest ATA lawsuits against banks  
          because the bank defendants were not involved in "violent acts  
          or acts dangerous to human life" by engaging in commercial  
          banking activity, there is concern over how courts have  
          increasingly interpreted the ATA's scope much more broadly.   
          (Saperstein and Sant, New York Law Journal, The Anti-Terrorism  
          Act: Bad Acts Make Bad Law (Sept. 5, 2012)  
            [as of Apr. 23, 2016].)  Specifically, following  
          an earlier court's analogy (known as the Boim III analogy) that  
          giving a donation is akin to giving a loaded gun to a child, in  
          2011, a U.S. District Court in Florida concluded that although  
          transferring funds to a terrorist organization "may not be  
          violent, it is clearly dangerous to human life."  (Id., citing  
          Stansell v. BGP, Inc. (2011) 2011 U.S. Dist. LEXIS 39808; see  
          also Boim v. Holy Land Found. for Relief & Dev. (2008) 549 F.3d  
          685 (Boim III).)  In the context of banks providing regular  
          financial services, however, the more apt analogy would be that  
          a bank transferring money to an organization that ends up using  
          the money in an evil way is akin to passing along money to a  
          person who unexpectedly buys a gun and shoots people.  "Or, to  
          flip the analogy, forcing a bank to pay damages for terrorist  
          acts simply because terrorists received fund transfers through  
          the bank is akin to forcing a bank to pay damages for shooting  







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          just because the killer bought the gun with money withdrawn from  
          the bank."  (Id.)   Nonetheless, courts have "expanded [such  
          reasoning] beyond the realm of conscious payments or donations  
          to include even the routine processing of wire transfers by  
          third-party financial institutions.  (Id. citing Goldberg v.  
          UBS, 660 F.Supp.2d 410, 427 (E.D.N.Y. 2009), 

          Given its similarities to the ATA, this bill could feasibly be  
          interpreted to impose broad liability on various entities, even  
          in the absence of any actual intent or reasonable knowledge on  
          the part of the entity as to how the funds will be used.     

          6.    Statute of limitations for third parties or entities is  
            uncertain  

          Under this bill, a claim must be brought within five years of  
          the injury caused by the act of terrorism.  Practically  
          speaking, however, a third person or entity alleged to have  
          secondary liability could be sued years, if not decades, after  
          they committed an act alleged to have aided, coerced, induced,  
          or solicited the terrorist act.  For example, a wire transfer or  
          purchase of a weapon could take place 10 years in advance of the  
          act of terrorism for wholly unrelated reasons.  Yet under this  
          bill, the person could be sued up to 15 years later because the  
          five year clock does not start until the date of the injury that  
          was caused by the act of terrorism.  This could greatly  
          undermine the party's ability to provide an adequate defense.  


           Support  :  El Dorado District Attorneys Association; Huntington  
          Park Police Department; Yreka Police Department

           Opposition  :  None Known 

                                        HISTORY
           
           Source  :  Author

           Related Pending Legislation  : None Known 

           Prior Legislation  :  None Known 

                                   **************









          SB 1057 (Anderson)
          Page 14 of ?