Bill Text: CA AB15 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Limitation of actions: human rights abuses.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-10-04 - Chaptered by Secretary of State - Chapter 474, Statutes of 2015. [AB15 Detail]

Download: California-2015-AB15-Amended.html

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BILL NUMBER: AB 15	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 6, 2015
	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Holden

                        DECEMBER 1, 2014

   An act to amend Section 52.5 of the Civil Code, and to add Section
354.8 to the Code of Civil Procedure, relating to civil actions.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 15, as amended, Holden. Limitation of actions: human rights
abuses. 
    Existing law requires a civil action brought by a victim of human
trafficking, as defined, to be commenced within 5 years of the date
on which the trafficking victim was freed from the trafficking
situation or, if the victim was a minor when the act of human
trafficking against the victim occurred, within 8 years after the
date the plaintiff attains the age of majority.  
   This bill would require a civil action for human trafficking, as
defined, to be commenced within 7 years of the date on which the
trafficking victim was freed from the trafficking situation or, if
the victim was a minor when the act of human trafficking against the
victim occurred, within 10 years after the date the plaintiff attains
the age of majority. 
   Existing law requires a civil action for assault, battery, or
injury to, or for the death of, an individual caused by the wrongful
act or neglect of another to be commenced with 2 years. 
Existing law requires a civil action brought by a victim of human
trafficking, as defined, to be commenced within 5 years of the date
on which the trafficking victim was freed from the trafficking
situation or, if the victim was a minor when the act of human
trafficking against the victim occurred, within 8 years after the
date the plaintiff attains the age of majority. 
   This bill would  instead  require  (1) 
a civil action for assault, battery, or wrongful death, when the
conduct would also constitute torture, genocide, a war crime, an
attempted extrajudicial killing, or a crime against humanity, as
defined,  (2) a civil action for the taking of property in
violation of international law, as defined, or (3) a civil action
seeking benefits under an insurance policy, where the insurance claim
arises out of any of the conduct specified above,  to be
commenced within 10 years.  The bill would also require a
civil action for human trafficking or the taking of property in
violation of international law, as specified, or a civil action
seeking benefits under an insurance policy, where the insurance claim
arises out of any of the conduct specified above, to be commenced
within 10 years.  The bill would authorize a prevailing
plaintiff to recover reasonable attorney's fees and litigation costs.
The bill would require these provisions to be construed as applying
retroactively and would provide that these provisions are severable,
as specified.
   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 52.5 of the Civil Code is amended to read:
   52.5.  (a) A victim of human trafficking, as defined in Section
236.1 of the Penal Code, may bring a civil action for actual damages,
compensatory damages, punitive damages, injunctive relief, any
combination of those, or any other appropriate relief. A prevailing
plaintiff may also be awarded attorney's fees and costs.
   (b) In addition to the remedies specified in this section, in an
action under subdivision (a), the plaintiff may be awarded up to
three times his or her actual damages or ten thousand dollars
($10,000), whichever is greater. In addition, punitive damages may
also be awarded upon proof of the defendant's malice, oppression,
fraud, or duress in committing the act of human trafficking. 
   (c) An action brought pursuant to this section shall be commenced
within seven years of the date on which the trafficking victim was
freed from the trafficking situation or, if the victim was a minor
when the act of human trafficking against the victim occurred, within
10 years after the date the plaintiff attains the age of majority.
 
   (c) 
    (d)  If a person entitled to sue is under a disability
at the time the cause of action accrues, so that it is impossible or
impracticable for him or her to bring an action, then the time of the
disability is not part of the time limited for the commencement of
the action. Disability will toll the running of the statute of
limitation for this action.
   (1) Disability includes being a minor, lacking legal capacity to
make decisions, imprisonment, or other incapacity or incompetence.
   (2) The statute of limitations shall not run against a plaintiff
who is a minor or who lacks the legal competence to make decisions
simply because a guardian ad litem has been appointed. A guardian ad
litem's failure to bring a plaintiff's action within the applicable
limitation period will not prejudice the plaintiff's right to do so
after his or her disability ceases.
   (3) A defendant is estopped  to assert   from
  asserting  a defense of the statute of limitations
when the expiration of the statute is due to conduct by the defendant
inducing the plaintiff to delay the filing of the action, or due to
threats made by the defendant causing duress upon the plaintiff.
   (4) The suspension of the statute of limitations due to
disability, lack of knowledge, or estoppel applies to all other
related claims arising out of the trafficking situation.
   (5) The running of the statute of limitations is postponed during
the pendency of criminal proceedings against the victim. 
   (d) 
    (e)  The running of the statute of limitations may be
suspended  where   if  a person entitled to
sue could not have reasonably discovered the cause of action due to
circumstances resulting from the trafficking situation, such as
psychological trauma, cultural and linguistic isolation, and the
inability to access services. 
   (e) 
    (f)  A prevailing plaintiff may also be awarded
reasonable attorney's fees and litigation costs including, but not
limited to, expert witness fees and expenses as part of the costs.

   (f) 
    (g)  Restitution paid by the defendant to the victim
shall be credited against a judgment, award, or settlement obtained
pursuant to this section. A 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.

   (g) 
    (h)  A civil action filed under this section shall be
stayed during the pendency of any criminal action arising out of the
same occurrence in which the claimant is the victim. As used in this
section, a "criminal action" includes investigation and prosecution,
and is pending until a final adjudication in the trial court or
dismissal.
  SEC. 2.  Section 354.8 is added to the Code of Civil Procedure, to
read:
   354.8.  (a) Notwithstanding any other law, including, but not
limited to Section 335.1, the following actions shall be commenced
within 10 years:
   (1) An action for assault, battery, or both, where the conduct
constituting the assault or battery would also constitute any of the
following:
   (A) An act of torture, as described in Section 206 of the Penal
Code.
   (B) An act of genocide, as described in Section 1091(a) of Title
18 of the United States Code.
   (C) A war crime, as defined in Section 2441 of Title 18 of the
United States Code.
   (D) An attempted extrajudicial killing, as defined in Section 3(a)
of Public Law 102-256.
   (E) (i) Crimes against humanity.
   (ii) For purposes of this paragraph, "crimes against humanity"
means any of the following acts as part of a widespread or systematic
attack directed against a civil population, with knowledge of the
attack:
   (I) Murder.
   (II) Extermination.
   (III) Enslavement.
   (IV) Forcible transfer of population.
   (V) Arbitrary detention.
   (VI) Rape, sexual slavery, enforced prostitution, forced
pregnancy, enforced sterilization, or any other form of sexual
violence of comparable gravity.
   (VII) Persecution on political, race, national, ethnic, cultural,
religious, or gender grounds.
   (VIII) Enforced disappearance of persons.
   (IX) Other inhuman acts of similar character intentionally causing
great suffering, serious bodily injury, or serious mental injury.
   (2) An action for wrongful death, where the death arises out of
conduct constituting any of the acts described in paragraph (1), or
where the death would constitute an extrajudicial killing, as defined
in Section 3(a) of Public Law 102-256. 
   (3) An action brought pursuant to Section 52.5 of the Civil Code.
 
   (4) 
    (3)  An action for the taking of property in violation
of international law, in which either of the following apply:
   (A) That property, or any property exchanged for such property, is
present in the United States in connection with a commercial
activity carried on in the United States by a foreign state.
   (B) That property, or any property exchanged for such property, is
owned or operated by an agency or instrumentality of a foreign state
and that agency or instrumentality is engaged in a commercial
activity in the United States. 
   (5) 
    (4)  An action seeking benefits under an insurance
policy where the insurance claim arises out of any of the conduct
described in paragraphs (1) to  (4),   (3),
 inclusive.
   (b) An action brought under this section shall not be dismissed
for failure to comply with any previously applicable statute of
limitations.
   (c) Section 361 shall not apply to an action brought under this
section.
   (d) A prevailing plaintiff may be awarded reasonable attorney's
fees and litigation costs including, but not limited to, expert
witness fees and expenses as part of the costs. 
   (e) (1) This section shall apply to all actions commenced
concerning an act described in paragraphs (1) to (4), inclusive, of
subdivision (a), that occurs on or after January 1, 2016. 

   (e) 
    (2)  This section shall  also  be construed to
apply retroactively, and shall apply regardless of when an action or
claim accrues or is filed and regardless of whether it may have
lapsed or otherwise been barred by time under the laws of the
 state.   state, if the conduct or action upon
which the victim's or plaintiff's claim is based occurred within 115
years before January 1, 2016. 
   (f) This section shall apply to all pending and  future
  statutorily-barred  actions commenced on or
before January 1,  2016,   2018,  including
any actions dismissed based on the expiration of statutes of
limitations in effect before January 1, 2016, if the judgment in that
action is not yet final or if the time for filing an appeal from a
decision on that action has not expired, if the action concerns an
act described in paragraphs (1) to  (5),   (4),
 inclusive, of subdivision (a), that occurred within 115 years
before January 1, 2016.
   (g) The provisions of this section are severable. If any provision
of this act or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.