California 2017-2018 Regular Session Status: In Committee

SB 718 — Terrorism: civil action.

Last action — Returned to Secretary of Senate pursuant to Joint Rule 56.

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

This bill died with 2017-2018 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law provides that every person has, subject to the qualifications and restrictions provided by law, the right of protection from bodily harm, and from injury to his or her personal relations. Existing law authorizes the California Victim Compensation and Government Claims Board to compensate a victim of a crime from the Restitution Fund, a continuously appropriated fund, for pecuniary loss incurred as a direct result of the crime, when the board determines it will best aid the person seeking compensation. Existing law subjects certain property to forfeiture, such as controlled substances and equipment used to process controlled substances. Existing law allows peace officers, under specified circumstances, to seize property that is subject to forfeiture. Existing law authorizes specified public agencies to bring an action to recover expenses of seizing, eradicating, destroying, or taking remedial action with respect to any controlled substance. Existing law requires seized property or the proceeds from the sale of that property to be distributed among specified entities. This bill would subject property used in the course of, intended for use in the course of, derived from, or realized through an act of terrorism, by a person or entity who committed, who aided a person or entity to commit, or who coerced, induced, or solicited a person or entity to commit an act of terrorism to civil forfeiture. The bill would specify the circumstances under which property subject to civil forfeiture may be seized by a law enforcement officer. The bill would authorize a person who is injured by an act of terrorism, and a law enforcement agency or other governmental agency that participated in the investigation, mitigation, seizure, or forfeiture process for an act of terrorism, to file a claim to recover damages and costs, and prioritize allocation of the proceeds of the civil forfeiture and disposition, as specified. This bill would also authorize a person who is injured by an act of terrorism, as defined, to bring an action to recover damages against a person or entity who committed the act of terrorism, aided the person or entity to commit the act or terrorism, or coerced, induced, or solicited the person or entity to commit the act of terrorism. The bill would provide that the amount awarded may be up to 3 times the damages actually incurred, but in no event less than $10,000. This bill would permit a civil forfeiture proceeding or civil action under this section to be commenced at any time within 5 years after the act of terrorism occurred, and would toll the time for commencement of a civil action during the pendency of a criminal prosecution.

Bill Text

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1 line(s) added, 1 removed.

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Action History

  1. Returned to Secretary of Senate pursuant to Joint Rule 56.

  2. April 25 set for first hearing. Failed passage in committee. (Ayes 2. Noes 1. Page 853.) Reconsideration granted.

  3. Set for hearing April 25.

  4. Referred to Com. on JUD.

  5. From printer. May be acted upon on or after March 23.

  6. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Anderson · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 1 voted No

Sponsors (1)

  • Anderson

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

Subjects

public-safety 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 SB 718 do?
Existing law provides that every person has, subject to the qualifications and restrictions provided by law, the right of protection from bodily harm, and from injury to his or her personal relations. Existing law authorizes the California Victim Compensation and Government Claims Board to compensate a victim of a crime from the Restitution Fund, a continuously appropriated fund, for pecuniary loss incurred as a direct result of the crime, when the board determines it will best aid the person seeking compensation. Existing law subjects certain property to forfeiture, such as controlled substances and equipment used to process controlled substances. Existing law allows peace officers, under specified circumstances, to seize property that is subject to forfeiture. Existing law authorizes specified public agencies to bring an action to recover expenses of seizing, eradicating, destroying, or taking remedial action with respect to any controlled substance. Existing law requires seized property or the proceeds from the sale of that property to be distributed among specified entities. This bill would subject property used in the course of, intended for use in the course of, derived from, or realized through an act of terrorism, by a person or entity who committed, who aided a person or entity to commit, or who coerced, induced, or solicited a person or entity to commit an act of terrorism to civil forfeiture. The bill would specify the circumstances under which property subject to civil forfeiture may be seized by a law enforcement officer. The bill would authorize a person who is injured by an act of terrorism, and a law enforcement agency or other governmental agency that participated in the investigation, mitigation, seizure, or forfeiture process for an act of terrorism, to file a claim to recover damages and costs, and prioritize allocation of the proceeds of the civil forfeiture and disposition, as specified. This bill would also authorize a person who is injured by an act of terrorism, as defined, to bring an action to recover damages against a person or entity who committed the act of terrorism, aided the person or entity to commit the act or terrorism, or coerced, induced, or solicited the person or entity to commit the act of terrorism. The bill would provide that the amount awarded may be up to 3 times the damages actually incurred, but in no event less than $10,000. This bill would permit a civil forfeiture proceeding or civil action under this section to be commenced at any time within 5 years after the act of terrorism occurred, and would toll the time for commencement of a civil action during the pendency of a criminal prosecution.
Who sponsors SB 718?
SB 718 is sponsored by Anderson.
What is the current status of SB 718?
This bill died with 2017-2018 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 718?
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