California 2009-2010 Regular Session Status: Enacted

AB 2765 — Civil actions: statutes of limitation: theft.

Last action — Chaptered by Secretary of State - Chapter 691, Statutes of 2010.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 25, 2010. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law provides that a civil action, in the case of a theft, shall be commenced within 3 years. Existing law provides that in the case of a theft of any article of historical, interpretive, scientific, cultural, or artistic significance, a cause of action is not deemed to have accrued until the discovery of the whereabouts of the article by the aggrieved party, his or her agent, or a law enforcement agency. This bill would authorize a civil action against a museum, gallery, auctioneer, or dealer for the recovery of works of fine art that were unlawfully taken or stolen, including a taking or theft by means of fraud or duress, to be commenced within 6 years of the actual discovery by the claimant or his or her agent of the identity and whereabouts of the work of fine art and information or facts that are sufficient to indicate that the claimant has a claim for a possessory interest in the work of fine art. This bill would apply to pending and future actions commenced on or before December 31, 2017, and would include any actions that were dismissed based on the expiration of statutes of limitation in effect prior to the date of the enactment of this bill if, prior to that date, the judgment in the action was not final or the time for filing an appeal from a decision on that action had not expired, provided that the action concerns a work of fine art that was taken within 100 years prior to the date this bill is enacted. This bill contains the Legislature's findings and declarations in support of a finding that this bill is in agreement and conformity with a specified court decision.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 691, Statutes of 2010.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 5 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 76. Noes 0. Page 6855.)

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time, passed, and to Assembly. (Ayes 34. Noes 0. Page 4866.)

  7. Read second time. To third reading.

  8. Read third time, amended. To second reading.

  9. Read second time and amended. Ordered to third reading.

  10. From committee: Amend, and do pass as amended. (Ayes 4. Noes 0.) (June 22).

  11. Referred to Com. on JUD.

  12. In Senate. Read first time. To Com. on RLS. for assignment.

  13. Read third time, passed, and to Senate. (Ayes 74. Noes 0. Page 5042.)

  14. Read second time. To third reading.

  15. From committee: Do pass. (Ayes 10. Noes 0.) (May 4).

  16. Re-referred to Com. on JUD.

  17. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  18. In committee: Hearing postponed by committee.

  19. Re-referred to Com. on JUD.

  20. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  21. Referred to Com. on JUD.

  22. From printer. May be heard in committee March 28.

  23. Read first time. To print.

Sponsors

  • Committee on Judiciary · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Committee on Judiciary

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 2765 Judiciary Concurrence in Senate Amendments By FEUER

Passed 87 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 81003
Democratic 3000
Republican 3000
Total 87003
% of votes cast 97%0%0%3%
How each member voted (90)
Member Party Vote
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Tom — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
Ammiano — Yea
Bass — Yea
Beall — Yea
Davis — Yea
Yamada — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Bill — Not Voting
DeVore — Yea
Feuer — Yea
Fuentes — Yea
Furutani — Yea
Galgiani — Yea
Gilmore — Yea
Hagman — Yea
Hall — Yea
Harkey — Yea
Hernandez — Yea
Hill — Yea
Huffman — Yea
Jeffries — Yea
Lieu — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Nava — Yea
Nestande — Yea
Norby — Not Voting
Ruskin — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Yea
De — Yea
Adams — Yea
Anderson — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Knight — Yea
Ma — Yea
Monning — Yea
Nielsen — Yea
Smyth — Yea
Torlakson — Yea
Tran — Yea
Leon — Yea
Eng — Yea
Evans — Yea
Fuller — Yea
Garrick — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Not Voting
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Assembly 3rd Reading AB2765 Committee on JUD. (Feuer) By Leno

Passed 35 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 32005
Democratic 2000
Republican 1000
Total 35005
% of votes cast 88%0%0%13%
How each member voted (40)
Member Party Vote
Yee — Yea
Cedillo — Yea
Hancock — Yea
Ducheny — Yea
Dutton — Yea
Huff — Yea
Leno — Yea
Liu — Yea
Ashburn — Yea
Blakeslee — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Wyland — Yea
Hollingsworth — Not Voting
McLeod — Yea
Pavley — Yea
Romero — Yea
Simitian — Yea
Wiggins — Not Voting
Wright — Yea
Aanestad — Yea
Alquist — Yea
Harman — Not Voting
Kehoe — Yea
Oropeza — Not Voting
Price — Yea
Steinberg — Yea
Walters — Yea
Wolk — Yea
Cogdill — Yea
Corbett — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Not Voting
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 4 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4001
Total 4001
% of votes cast 80%0%0%20%
How each member voted (5)
Member Party Vote
Hancock — Yea
Harman — Yea
Corbett — Yea
Leno — Yea
Walters — Not Voting

Official roll call →

AB 2765 JUD. Assembly Third Reading By FEUER

Passed 84 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 78007
Democratic 3000
Republican 3000
Total 84007
% of votes cast 92%0%0%8%
How each member voted (91)
Member Party Vote
Hall — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Tom — Yea
Evans — Yea
Feuer — Yea
Fuller — Yea
Furutani — Yea
Charles — Yea
Garrick — Yea
Hagman — Yea
Harkey — Yea
Hayashi — Yea
Hernandez — Yea
De — Yea
Leon — Yea
Huber — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
Ammiano — Yea
Beall — Yea
Blakeslee — Yea
Coto — Yea
Davis — Yea
DeVore — Yea
Huffman — Yea
Knight — Yea
Lieu — Yea
Miller — Yea
Monning — Yea
Nava — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
De — Not Voting
La — Not Voting
Torre — Not Voting
Mendoza — Not Voting
Ruskin — Yea
Silva — Yea
Smyth — Yea
Swanson — Yea
Torlakson — Yea
Torres — Yea
Torrico — Yea
Tran — Yea
Adams — Yea
Anderson — Yea
Bass — Not Voting
Block — Not Voting
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Jeffries — Yea
Logue — Yea
Ma — Yea
Nestande — Yea
Nielsen — Yea
Norby — Yea
Skinner — Yea
Solorio — Yea
Villines — Yea
Emmerson — Yea
Eng — Yea
Yamada — Yea
Fuentes — Yea
Galgiani — Yea
Gilmore — Not Voting
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 10 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Republican 1000
Total 10000
% of votes cast 100%0%0%0%
How each member voted (10)
Member Party Vote
Evans — Yea
Hagman — Yea
Knight — Yea
Monning — Yea
Nava — Yea
Skinner — Yea
Tran — Yea
Brownley — Yea
Feuer — Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 2765 do?
Existing law provides that a civil action, in the case of a theft, shall be commenced within 3 years. Existing law provides that in the case of a theft of any article of historical, interpretive, scientific, cultural, or artistic significance, a cause of action is not deemed to have accrued until the discovery of the whereabouts of the article by the aggrieved party, his or her agent, or a law enforcement agency. This bill would authorize a civil action against a museum, gallery, auctioneer, or dealer for the recovery of works of fine art that were unlawfully taken or stolen, including a taking or theft by means of fraud or duress, to be commenced within 6 years of the actual discovery by the claimant or his or her agent of the identity and whereabouts of the work of fine art and information or facts that are sufficient to indicate that the claimant has a claim for a possessory interest in the work of fine art. This bill would apply to pending and future actions commenced on or before December 31, 2017, and would include any actions that were dismissed based on the expiration of statutes of limitation in effect prior to the date of the enactment of this bill if, prior to that date, the judgment in the action was not final or the time for filing an appeal from a decision on that action had not expired, provided that the action concerns a work of fine art that was taken within 100 years prior to the date this bill is enacted. This bill contains the Legislature's findings and declarations in support of a finding that this bill is in agreement and conformity with a specified court decision.
Who sponsors AB 2765?
AB 2765 is sponsored by Committee on Judiciary.
What is the current status of AB 2765?
This bill has been enacted into law. Introduced February 25, 2010. Enacted.
Where can I track AB 2765?
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