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 insanity 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
4action, in any action for damages against a defendant based upon
5the defendant’s commission of a felony offense for which the
6defendant has been convicted, the time for commencement of the
7action shall be within one year after judgment is pronounced.
8(b) (1) Notwithstanding subdivision (a), an action for damages
9against a defendant based upon the defendant’s commission of a
10felony offense for which the defendant has been convicted may
11be commenced within 10 years of the date on which the defendant
12is discharged from parole if the conviction was for any offense
13specified in
paragraph (1), except voluntary manslaughter, (2),
14(3), (4), (5), (6), (7), (9), (16), (17), (20), (22), (25), (34), or (35)
15of subdivision (c) of Section 1192.7 of the Penal Code.
16(2) Notwithstanding subdivision (a), an action for damages
17against a defendant based upon the defendant’s commission of a
18felony offense for which the defendant was found not guilty by
19reason of insanity may be commenced within 10 years of the date
20on which the defendant is released from custody if the offense was
21for any offense specified in paragraph (1), except voluntary
22manslaughter, (2), (3), (4), (5), (6), (7), (9), (16), (17), (20), (22),
23(25), (34), or (35) of subdivision (c) of Section 1192.7 of the Penal
24Code.
25(3) A civil action shall not be commenced pursuant to paragraph
26begin delete (1), (2), or (3)end deletebegin insert
(1) or (2)end insert if any of the following apply:
27(A) The defendant has received either a certificate of
28rehabilitation as provided in Chapter 3.5 (commencing with Section
294852.01) of Title 6 of Part 3 of the Penal Code or a pardon as
30provided in Chapter 1 (commencing with Section 4800) or Chapter
313 (commencing with Section 4850) of Title 6 of Part 3 of the Penal
32Code.
33(B) Following a conviction for murder or attempted murder,
34the defendant has been paroled based in whole or in part upon
35evidence presented to the Board of Prison Terms that the defendant
36committed the crime because he or she was the victim of intimate
37partner battering.
P3 1(C) The defendant was convicted of murder or attempted murder
2in
the second degree in a trial at which substantial evidence was
3presented that the person committed the crime because he or she
4was a victim of intimate partner battering.
5(c) If the sentence or judgment is stayed, the time for the
6commencement of the action shall be tolled until the stay is lifted.
7For purposes of this section, a judgment is not stayed if the
8judgment is appealed or the defendant is placed on probation.
9(d) (1) Subdivision (b) applies to any action commenced before,
10on, or after the effective date of this section, including any action
11otherwise barred by a limitation of time in effect before the
12effective date of this section, thereby reviving those causes of
13action that had lapsed or expired under the law in effect before the
14effective date of this
section.
15(2) Paragraph (1) does not apply to either of the following:
16(A) Any claim that has been litigated to finality on the merits
17in any court of competent jurisdiction before January 1, 2003. For
18purposes of this section, termination of an earlier action on the
19basis of the statute of limitations shall not constitute a claim that
20has been litigated to finality on the merits.
21(B) Any written, compromised settlement agreement that has
22been entered into between a plaintiff and a defendant if the plaintiff
23was represented by an attorney who was admitted to practice law
24in this state at the time of the settlement, and the plaintiff signed
25the agreement.
26(e) Any restitution paid by the defendant to the victim shall be
27credited against any judgment, award, or settlement obtained
28pursuant to this section. Any judgment, award, or settlement
29obtained pursuant to an action under this section shall be subject
30to the provisions of Section 13963 of the Government Code.
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