BILL NUMBER: SB 1939 CHAPTERED
BILL TEXT
CHAPTER 123
FILED WITH SECRETARY OF STATE JULY 10, 1998
APPROVED BY GOVERNOR JULY 9, 1998
PASSED THE SENATE JUNE 25, 1998
PASSED THE ASSEMBLY JUNE 15, 1998
AMENDED IN ASSEMBLY JUNE 4, 1998
AMENDED IN SENATE MARCH 23, 1998
INTRODUCED BY Senator Alpert
(Coauthors: Assembly Members Alquist, Knox, Kuehl, Lempert,
Ortiz, and Scott)
FEBRUARY 19, 1998
An act to amend Section 340.15 of the Code of Civil Procedure,
relating to limitation of actions.
LEGISLATIVE COUNSEL'S DIGEST
SB 1939, Alpert. Commencement of actions: domestic violence.
Existing law provides that the time for commencement for an action
for injury or death suffered as a result of domestic violence, as
specified, is 3 years from the date of the last act of domestic
violence by the defendant against the plaintiff that gave rise to the
cause of action.
This bill would revise existing law by providing that commencement
of an action for recovery of damages suffered as a result of
domestic violence shall be either within 3 years from the date of the
last act of domestic violence by the defendant against the plaintiff
or within 3 years of the date the plaintiff discovers or reasonably
should have discovered that an injury or illness resulted from an act
of domestic violence, whichever occurs last.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 340.15 of the Code of Civil Procedure is
amended to read:
340.15. (a) In any civil action for recovery of damages suffered
as a result of domestic violence, the time for commencement of the
action shall be the later of the following:
(1) Within three years from the date of the last act of domestic
violence by the defendant against the plaintiff.
(2) Within three years from the date the plaintiff discovers or
reasonably should have discovered that an injury or illness resulted
from an act of domestic violence by the defendant against the
plaintiff.
(b) As used in this section, "domestic violence" has the same
meaning as defined in Section 6211 of the Family Code.