California 2017-2018 Regular Session

California Assembly Bill AB1619 Compare Versions

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Version 2 (New)

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1		-	Assembly Bill No. ~~1619 CHAPTER 939~~ An act to add Section 340.16 to the Code of Civil Procedure, relating to sexual assault. ~~[ Approved by Governor September 30, 2018. Filed with Secretary of State September 30, 2018. ]~~ LEGISLATIVE COUNSEL'S DIGESTAB 1619, Berman. Sexual assault: statutes of limitations 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 plaintiffs 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe 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 plaintiffs 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.
	1	+	Enrolled September 04, 2018 Passed IN Senate August 22, 2018 Passed IN Assembly August 29, 2018 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 20172018 REGULAR SESSION Assembly Bill No. 1619Introduced 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 DIGESTAB 1619, Berman. Sexual assault: statutes of limitations 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 plaintiffs 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe 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 plaintiffs 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.
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3		-	Assembly Bill No. 1619 CHAPTER 939 An act to add Section 340.16 to the Code of Civil Procedure, relating to sexual assault. [ Approved by Governor September 30, 2018. Filed with Secretary of State September 30, 2018. ] LEGISLATIVE COUNSEL'S DIGESTAB 1619, Berman. Sexual assault: statutes of limitations 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 plaintiffs 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
	3	+	Enrolled September 04, 2018 Passed IN Senate August 22, 2018 Passed IN Assembly August 29, 2018 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 20172018 REGULAR SESSION Assembly Bill No. 1619Introduced 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 DIGESTAB 1619, Berman. Sexual assault: statutes of limitations 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 plaintiffs 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
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	5	+	Enrolled September 04, 2018 Passed IN Senate August 22, 2018 Passed IN Assembly August 29, 2018 Amended IN Senate August 17, 2018 Amended IN Senate June 11, 2018 Amended IN Assembly May 30, 2017 Amended IN Assembly April 17, 2017
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	7	+	Enrolled September 04, 2018
	8	+	Passed IN Senate August 22, 2018
	9	+	Passed IN Assembly August 29, 2018
	10	+	Amended IN Senate August 17, 2018
	11	+	Amended IN Senate June 11, 2018
	12	+	Amended IN Assembly May 30, 2017
	13	+	Amended IN Assembly April 17, 2017
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	15	+	CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
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5	17		Assembly Bill No. 1619
6		-	CHAPTER 939
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	19	+	Introduced by Assembly Member Berman(Coauthor: Assembly Member Cooper)February 17, 2017
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	21	+	Introduced by Assembly Member Berman(Coauthor: Assembly Member Cooper)
	22	+	February 17, 2017
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8	24		An act to add Section 340.16 to the Code of Civil Procedure, relating to sexual assault.
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10		-	[ Approved by Governor September 30, 2018. Filed with Secretary of State September 30, 2018. ]
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12	26		LEGISLATIVE COUNSEL'S DIGEST
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14	28		## LEGISLATIVE COUNSEL'S DIGEST
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16	30		AB 1619, Berman. Sexual assault: statutes of limitations on civil actions.
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18	32		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 plaintiffs 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.
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20	34		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.
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22	36		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 plaintiffs 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.
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24	38		## Digest Key
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26	40		## Bill Text
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28	42		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 plaintiffs 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.
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30	44		The people of the State of California do enact as follows:
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32	46		## The people of the State of California do enact as follows:
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34	48		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 plaintiffs 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.
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36	50		SECTION 1. Section 340.16 is added to the Code of Civil Procedure, to read:
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38	52		### SECTION 1.
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40	54		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 plaintiffs 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.
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42	56		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 plaintiffs 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.
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44	58		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 plaintiffs 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.
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48	62		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 plaintiffs 18th birthday, the time for commencement of the action shall be the later of the following:
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50	64		(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.
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52	66		(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.
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54	68		(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.
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56	70		(c) This section applies to any action described in subdivision (a) that is commenced on or after January 1, 2019.