Amended in Assembly April 7, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1938

Introduced by Assembly Member Hagman

February 19, 2014

An act to amend Section 340.3 of the Code of Civil Procedure, relating to actions for damages.

LEGISLATIVE COUNSEL’S DIGEST

AB 1938, as amended, 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 begin delete insanity, or who was declared a ward of the court, end delete begin insert insanity end insert 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 1.  

Section 340.3 of the Code of Civil Procedure is
amended to read:

340.3.  

(a) Unless a longer period is prescribed for a specific
action, in any action for damages against a defendant based upon
the defendant’s commission of a felony offense for which the
defendant has been convicted, the time for commencement of the
action shall be within one year after judgment is pronounced.

(b) (1) Notwithstanding subdivision (a), an action for damages
against a defendant based upon the defendant’s commission of a
felony offense for which the defendant has been convicted may
be commenced within 10 years of the date on which the defendant
is discharged from parole if the conviction was for any offense
specified in paragraph (1), except voluntary manslaughter, (2),
(3), (4), (5), (6), (7), (9), (16), (17), (20), (22), (25), (34), or (35)
of subdivision (c) of Section 1192.7 of the Penal Code.

(2) Notwithstanding subdivision (a), an action for damages
against a defendant based upon the defendant’s commission of a
felony offense for which the defendant was found not guilty by
reason of insanity may be commenced within 10 years of the date
on which the defendant is released from custody if the offense was
for any offense specified in paragraph (1), except voluntary
manslaughter, (2), (3), (4), (5), (6), (7), (9), (16), (17), (20), (22),
(25), (34), or (35) of subdivision (c) of Section 1192.7 of the Penal
Code.

begin delete

(3) Notwithstanding subdivision (a), an action for damages
against a defendant based upon the defendant’s commission of a
felony offense for which the defendant was declared a ward of the
court pursuant to Section 602 of the Welfare and Institutions Code
may be commenced within 10 years of the date on which the
defendant is released from custody if the offense was for any
offense specified in paragraph (1), except voluntary manslaughter,
(2), (3), (4), (5), (6), (7), (9), (16), (17), (20), (22), (25), (34), or
(35) of subdivision (c) of Section 1192.7 of the Penal Code.

end delete begin delete

(4)

end delete

begin insert (3) end insert  A civil action shall not be commenced pursuant to paragraph
(1), (2), or (3) if any of the following apply:

(A) The defendant has received either a certificate of
rehabilitation as provided in Chapter 3.5 (commencing with Section
4852.01) of Title 6 of Part 3 of the Penal Code or a pardon as
provided in Chapter 1 (commencing with Section 4800) or Chapter
3 (commencing with Section 4850) of Title 6 of Part 3 of the Penal
Code.

(B) Following a conviction for murder or attempted murder,
the defendant has been paroled based in whole or in part upon
evidence presented to the Board of Prison Terms that the defendant
committed the crime because he or she was the victim of intimate
partner battering.

(C) The defendant was convicted of murder or attempted murder
in the second degree in a trial at which substantial evidence was
presented that the person committed the crime because he or she
was a victim of intimate partner battering.

(c) If the sentence or judgment is stayed, the time for the
commencement of the action shall be tolled until the stay is lifted.
For purposes of this section, a judgment is not stayed if the
judgment is appealed or the defendant is placed on probation.

(d) (1) Subdivision (b) applies to any action commenced before,
on, or after the effective date of this section, including any action
otherwise barred by a limitation of time in effect before the
effective date of this section, thereby reviving those causes of
action that had lapsed or expired under the law in effect before the
effective date of this section.

(2) Paragraph (1) does not apply to either of the following:

(A) Any claim that has been litigated to finality on the merits
in any court of competent jurisdiction before January 1, 2003. For
purposes of this section, termination of an earlier action on the
basis of the statute of limitations shall not constitute a claim that
has been litigated to finality on the merits.

(B) Any written, compromised settlement agreement that has
been entered into between a plaintiff and a defendant if the plaintiff
was represented by an attorney who was admitted to practice law
in this state at the time of the settlement, and the plaintiff signed
the agreement.

(e) Any restitution paid by the defendant to the victim shall be
credited against any judgment, award, or settlement obtained
pursuant to this section. Any judgment, award, or settlement
obtained pursuant to an action under this section shall be subject
to the provisions of Section 13963 of the Government Code.