AB 1938, as introduced, Hagman. Actions for damages: felony offenses.
Existing law authorizes, except as provided, an action for damages against a defendant based upon the defendant’s commission of a felony offense for which the defendant has been convicted to be commenced within 10 years of the date on which the defendant is discharged from parole if the conviction was for any of certain serious felonies, as defined, except as specified.
This bill would authorize, except as provided, an action for damages against a defendant who was found not guilty by reason of insanity, or who was declared a ward of the court, to be commenced within 10 years of a specified date. The bill would also make nonsubstantive changes and update a cross-reference in these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 340.3 of the Code of Civil Procedure is
2amended to read:
(a) Unless a longer period is prescribed for a specific
2action, in any action for damages against a defendant based upon
3the defendant’s commission of a felony offense for which the
4defendant has been convicted, the time for commencement of the
5action shall be within one year after judgment is pronounced.
6(b) (1) Notwithstanding subdivision (a), an action for damages
7against a defendant based upon the defendant’s commission of a
8felony offense for which the defendant has been convicted may
9be commenced within 10 years of the date on which the defendant
10is discharged from parole if the conviction was for any offense
11specified in paragraph (1), except voluntary manslaughter, (2),
12(3), (4), (5), (6), (7),
(9), (16), (17), (20), (22), (25), (34), or (35)
13of subdivision (c) of Section 1192.7 of the Penal Code.
14(2) Notwithstanding subdivision (a), an action for damages
15against a defendant based upon the defendant’s commission of a
16felony offense for which the defendant was found not guilty by
17reason of insanity may be commenced within 10 years of the date
18on which the defendant is released from custody if the offense was
19for any offense specified in paragraph (1), except voluntary
20manslaughter, (2), (3), (4), (5), (6), (7), (9), (16), (17), (20), (22),
21(25), (34), or (35) of subdivision (c) of Section 1192.7 of the Penal
22Code.
23(2) No
end delete
24(3) Notwithstanding subdivision (a), an action for damages
25against a defendant based upon the defendant’s commission of a
26felony offense for which the defendant was declared a ward of the
27court pursuant to Section 602 of the Welfare and Institutions Code
28may be commenced within 10 years of the date on which the
29defendant is released from custody if the offense was for any
30offense specified in paragraph (1), except voluntary manslaughter,
31(2), (3), (4), (5), (6), (7), (9), (16), (17), (20), (22), (25), (34), or
32(35) of subdivision (c) of Section 1192.7 of the Penal Code.
33begin insert(4)end insertbegin insert end insertbegin insertA end insertcivil actionbegin delete mayend deletebegin insert
shall notend insert be commenced pursuant to
34paragraph (1)begin insert, (2), or (3)end insert if any of the followingbegin delete applies:end deletebegin insert apply:end insert
35(A) The defendant has received either a certificate of
36rehabilitation as provided in Chapter 3.5 (commencing with Section
374852.01) of Title 6 of Part 3 of the Penal Code or a pardon as
38provided in Chapter 1 (commencing with Section 4800) or Chapter
393 (commencing with Section 4850) of Title 6 of Part 3 of the Penal
40Code.
P3 1(B) Following a conviction for murder or attempted murder,
2the defendant has been paroled based in whole or in part upon
3evidence
presented to the Board of Prison Terms that the defendant
4committed the crime because he or she was the victim of intimate
5partner battering.
6(C) The defendant was convicted of murder or attempted murder
7in the second degree in a trial at which substantial evidence was
8presented that the person committed the crime because he or she
9was a victim of intimate partner battering.
10(c) If the sentence or judgment is stayed, the time for the
11commencement of the action shall be tolled until the stay is lifted.
12For purposes of this section, a judgment is not stayed if the
13judgment is appealed or the defendant is placed on probation.
14(d) (1) Subdivision (b)begin delete shall applyend deletebegin insert
appliesend insert to any action
15commenced before, on, or after the effective date of this section,
16including any action otherwise barred by a limitation of time in
17effectbegin delete prior toend deletebegin insert
beforeend insert the effective date of this section, thereby
18reviving those causes of action that had lapsed or expired under
19the law in effectbegin delete prior toend deletebegin insert
beforeend insert the effective date of this section.
20(2) Paragraph (1) does not apply to either of the following:
21(A) Any claim that has been litigated to finality on the merits
22in any court of competent jurisdictionbegin delete prior toend deletebegin insert beforeend insert January 1,
232003. For purposes of this section, termination ofbegin delete a priorend deletebegin insert an earlierend insert
24 action on the basis of the statute of limitationsbegin delete doesend deletebegin insert
shallend insert not
25constitute a claim that has been litigated to finality on the merits.
26(B) Any written, compromised settlement agreement that has
27been entered into between a plaintiff and a defendant if the plaintiff
28was represented by an attorney who was admitted to practice law
29in this state at the time of the settlement, and the plaintiff signed
30the agreement.
31(e) Any restitution paid by the defendant to the victim shall be
32credited against any judgment, award, or settlement obtained
33pursuant to this section. Any judgment, award, or settlement
34obtained pursuant to an action under this section shall be subject
35to the provisions of Sectionbegin delete 13966.01end deletebegin insert 13963end insert of the Government
36
Code.
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