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CA AB1938

Bill

Status

Engrossed

4/10/2014

Primary Sponsor

Curt Hagman

Click for details

Origin

State Assembly

2013-2014 Session

AI Summary

  • Authorizes civil actions for damages against defendants convicted of specified serious felonies to be commenced within 10 years of discharge from parole, rather than the standard one-year limit.

  • Extends the 10-year filing deadline to defendants found not guilty by reason of insanity for the same specified serious felonies, measured from the date of release from custody.

  • Prohibits civil actions if the defendant received a certificate of rehabilitation, pardon, or was paroled based on evidence of intimate partner battering victimization.

  • Applies retroactively to actions commenced before, on, or after the effective date, including those previously barred by the statute of limitations, except for claims already litigated to finality before January 1, 2003, or covered by written settlement agreements.

  • Requires any restitution paid by the defendant to be credited against judgments, awards, or settlements obtained under this section.

Legislative Description

Actions for damages: felony offenses.

Last Action

In committee: Set, first hearing. Hearing canceled at the request of author.

6/4/2014

Committee Referrals

Judiciary4/22/2014
Rules4/10/2014
Judiciary3/3/2014

Full Bill Text

No bill text available