Amended in Senate April 7, 2014

Senate Bill No. 1001

Introduced by Senator begin delete Knight end delete begin insert Morrell end insert

February 13, 2014

An act to amend Section begin delete 56001 end delete begin insert 340.3 end insert of the begin delete Government Code, end delete begin insert Code of Civil Procedure, end insert relating to begin delete local government. end delete begin insert civil procedure. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 1001, as amended, begin delete Knight end delete   begin insert Morrell end insert . begin delete Local government. end delete begin insert Actions for damages: felony offenses. end insert

begin insert

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.

end insert begin insert

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.

end insert begin delete

Existing law, the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, makes certain findings and declarations relating to local government organizations, including, among other things, the encouragement of orderly growth and development, and logical formation and modification of the boundaries of local agencies, as specified.

end delete begin delete

This bill would make nonsubstantive changes to these findings and declarations.

end delete

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

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

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 end insert 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.

begin delete

SECTION 1.  

Section 56001 of the Government Code is
amended to read:

56001.  

The Legislature finds and declares it is the policy of
the state to encourage orderly growth and development that are
essential to the social, fiscal, and economic well-being of the state.
The Legislature recognizes that the logical formation and
determination of local agency boundaries is an important factor
in promoting orderly development and in balancing that
development with sometimes competing state interests of
discouraging urban sprawl, preserving open-space and prime
agricultural lands, and efficiently extending government services.
The Legislature also recognizes that providing housing for persons
and families of all incomes is an important factor in promoting
orderly development. Therefore, the Legislature further finds and
declares that this policy should be effected by the logical formation
and modification of the boundaries of local agencies, with a
preference granted to accommodating additional growth within,
or through the expansion of, the boundaries of those local agencies
that can best accommodate and provide necessary governmental
services and housing for persons and families of all incomes in
the most efficient manner feasible.

The Legislature recognizes that urban population densities and
intensive residential, commercial, and industrial development
necessitate a broad spectrum and high level of community services
and controls. The Legislature also recognizes that when areas
become urbanized to the extent that they need the full range of
community services, priorities are required to be established
regarding the type and levels of services that the residents of an
urban community need and desire; that community service
priorities be established by weighing the total community service
needs against the total financial resources available for securing
community services; and that those community service priorities
are required to reflect local circumstances, conditions, and limited
financial resources. The Legislature finds and declares that a single
multipurpose governmental agency is accountable for community
service needs and financial resources and, therefore, that agency
may be the best mechanism for establishing community service
priorities especially in urban areas. Nonetheless, the Legislature
recognizes the critical role of many limited purpose agencies,
especially in rural communities. The Legislature also finds, whether
governmental services are proposed to be provided by a
single-purpose agency, several agencies, or a multipurpose agency,
responsibility should be given to the agency or agencies that can
best provide government services.

end delete