Bill Text: CA AB1619 | 2017-2018 | Regular Session | Amended

California Assembly Bill 1619 (Prior Session Legislation)

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

Bill Title: Sexual assault: statutes of limitations on civil actions.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2018-09-30 - Chaptered by Secretary of State - Chapter 939, Statutes of 2018. [AB1619 Detail]

Download: California-2017-AB1619-Amended.html

Amended IN Senate August 17, 2018

Amended IN Senate June 11, 2018

Amended IN Assembly May 30, 2017

Amended IN Assembly April 17, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 1619

Introduced by Assembly Member Berman
(Coauthor: Assembly Member Cooper)

February 17, 2017

An act to add Section 340.16 to the Code of Civil Procedure, relating to sexual assault.

LEGISLATIVE COUNSEL'S DIGEST

AB 1619, as amended, Berman. Sexual assault: statutes of limitation on civil actions.

Existing law provides that in a civil action for recovery of damages suffered as a result of domestic violence, the time for commencement of the action shall be the later of within 3 years from the date of the last act of domestic violence by the defendant against the plaintiff or within 3 years from the date the plaintiff discovers or reasonably should have discovered that an injury or illness resulted from an act of domestic violence by the defendant against the plaintiff.

This bill would set the time for commencement of any civil action for recovery of damages suffered as a result of sexual assault, as defined, where the assault occurred on or after the plaintiff’s 18th birthday, to the later of within 10 years from the date of the last act, attempted act, or assault with intent to commit an act, of sexual assault by the defendant against the plaintiff or within 3 years from the date the plaintiff discovers or reasonably should have discovered that an injury or illness resulted from an act, attempted act, or assault with intent to commit an act, of sexual assault by the defendant against the plaintiff.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

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

SECTION 1.

Section 340.16 is added to the Code of Civil Procedure, to read:

340.16.

(a) In any civil action for recovery of damages suffered as a result of sexual assault, where the assault occurred on or after the plaintiff’s 18th birthday, the time for commencement of the action shall be the later of the following:

(1) Within 10 years from the date of the last act, attempted act, or assault with the intent to commit an act, of sexual assault by the defendant against the plaintiff.

(2) Within three years from the date the plaintiff discovers or reasonably should have discovered that an injury or illness resulted from an act, attempted act, or assault with the intent to commit an act, of sexual assault by the defendant against the plaintiff.

(b) As used in this section, “sexual assault” means any of the crimes described in Section 243.4, 261, 262, 264.1, 286, 288a, or 289 of the Penal Code, assault with the intent to commit any of those crimes, or an attempt to commit any of those crimes.

(c) This section applies to any action described in subdivision (a) that is commenced on or after January 1, 2019, to any action described in subdivision (a) that is filed prior to January 1, 2019, and still pending on that date, and to any action or causes of action described in subdivision (a) that would have been barred by the laws, including the period of limitations, in effect prior to January 1, 2019, thereby reviving those causes of action which had lapsed or technically expired under the law existing prior to January 1, 2019. Nothing in this section is intended to revive actions or causes of action as to which there has been a final adjudication on the merits prior to January 1, 2019. Termination of a prior action on the basis of the statute of limitations does not constitute a final adjudication on the merits. 2019.