California Legislature—2013–14 Regular Session

Assembly Bill No. 2157

Introduced by Assembly Member Morrell

February 20, 2014

An act to amend Section 340.3 of the Code of Civil Procedure, relating to civil procedure.

LEGISLATIVE COUNSEL’S DIGEST

AB 2157, as introduced, Morrell. Actions for damages: felony offenses.

Existing law provides for the time of commencing civil actions other than for the recovery of real property, as specified. Under existing law, unless a longer period is prescribed for a specific action, an action for damages against a defendant based upon the defendant’s commission of a felony offense for which the defendant has been convicted is required to be brought within one year after the judgment has been pronounced. Existing law also authorizes an action for damages to be brought 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 specified.

This bill would include a human trafficking offense as a serious felony for which an action for damages against a defendant may be brought within 10 years from the date on which the defendant is discharged from parole, and would make other 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 begin insert or a human
trafficking offense specified in Section 1192.7 of the Penal Code end insert .

(2)  begin delete No end delete begin insert A end insert civil action begin delete may end delete begin insert shall not end insert be commenced pursuant to
paragraph (1) if any of the following begin delete applies: end delete begin insert apply: end insert

(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) begin delete shall apply end delete begin insert applies end insert 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 begin delete prior to end delete begin insert before end insert the effective date of this section, thereby
reviving those causes of action that had lapsed or expired under
the law in effect begin delete prior to end delete begin insert before end insert 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 begin delete prior to end delete begin insert before end insert January 1,
2003. For purposes of this section, termination of a prior action
on the basis of the statute of limitations begin delete does end delete begin insert shall end insert 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 begin delete 13966.01 end delete begin insert 13963 end insert of the Government
Code.