California 2015-2016 Regular Session Status: Enacted

AB 538 — Actions for damages: felony offenses: victim notification.

Last action — Chaptered by Secretary of State - Chapter 465, Statutes of 2015.

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  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 23, 2015. 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 7 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 for the time of commencing civil actions other than for the recovery of real property, as specified. Under existing law, unless a longer period is prescribed for a specific action, an action for damages against a defendant based upon the defendant's commission of a felony offense for which the defendant has been convicted is required to be brought within one year after the judgment has been pronounced. Under existing law, a civil action cannot be commenced pursuant to these provisions if a defendant has received a certificate of rehabilitation or a pardon, among other circumstances. This bill would provide that a civil action cannot be commenced pursuant to these provisions if the defendant was unlawfully imprisoned or restrained but has been released from prison after successfully prosecuting a writ of habeas corpus. Under existing law, a crime victim or family member of a crime victim may request certain information from the Department of Corrections and Rehabilitation regarding the status of a criminal offender. This bill would require a person or entity that enters into a contract with a criminal offender for the sale of the story of a crime for which the offender was convicted to notify the California Department of Corrections and Rehabilitation, which must then notify the victim, or a member of the victim's immediate family, as specified, if he or she has requested notification. This bill would also correct an erroneous cross-reference.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 465, Statutes of 2015.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 2735.).

  5. Assembly Rule 77 suspended. (Page 2729.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 2 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 2298.).

  8. Read second time. Ordered to third reading.

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

  10. Read second time. Ordered to third reading.

  11. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  12. Read second time and amended. Re-referred to Com. on APPR.

  13. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 14).

  14. From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 0.) (June 30). Re-referred to Com. on JUD.

  15. Referred to Coms. on PUB. S. and JUD.

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

  17. Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 1636.)

  18. Ordered to third reading.

  19. From Consent Calendar.

  20. Read second time. Ordered to Consent Calendar.

  21. From committee: Do pass. To Consent Calendar. (Ayes 15. Noes 0.) (May 20).

  22. Re-referred to Com. on APPR.

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

  24. From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (May 12). Re-referred to Com. on APPR.

  25. Re-referred to Com. on JUD.

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

  27. In committee: Hearing postponed by committee.

  28. In committee: Set, second hearing. Hearing canceled at the request of author.

  29. In committee: Hearing postponed by committee.

  30. In committee: Set, first hearing. Hearing canceled at the request of author.

  31. Referred to Com. on JUD.

  32. From printer. May be heard in committee March 26.

  33. Read first time. To print.

Sponsors

  • Campos · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Campos

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 538 CAMPOS Concurrence in Senate Amendments

Passed 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 70001
Democratic 4000
Republican 5000
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Jones-Sawyer — Yea
Levine — Yea
Maienschein — Yea
Mathis — Yea
Melendez — Yea
O'Donnell — Yea
Obernolte — Not Voting
Perea — Yea
Rodriguez — Yea
Santiago — Yea
Thurmond — Yea
Wagner — Yea
Cooper — Yea
Daly — Yea
Burke — Yea
Salas — Yea
Gatto — Yea
Gordon — Yea
Chang — Yea
Harper — Yea
Kim — Yea
Chau — Yea
Linder — Yea
Low — Yea
Mayes — Yea
McCarty — Yea
Gray — Yea
Atkins — Yea
Chiu — Yea
Baker — Yea
Bigelow — Yea
Chu — Yea
Chávez — Yea
Cooley — Yea
Dababneh — Yea
Dodd — Yea
Nazarian — Yea
Olsen — Yea
Rendon — Yea
Ridley-Thomas — Yea
Steinorth — Yea
Waldron — Yea
Weber — Yea
Wilk — Yea
Williams — Yea
Bonilla — Yea
Eggman — Yea
Lopez — Yea
Campos — Yea
Holden — Yea
Medina — Yea
Mullin — Yea
Quirk — Yea
Ting — Yea
Wood — Yea
Frazier — Yea
Gomez — Yea
Hadley — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading AB538 Campos By Moorlach

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 37000
Democratic 3000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bates — Yea
Beall — Yea
Hill — Yea
Lara — Yea
Leno — Yea
Mendoza — Yea
Monning — Yea
Nielsen — Yea
Roth — Yea
Vidak — Yea
Wieckowski — Yea
Cannella — Yea
Allen — Yea
Glazer — Yea
Mitchell — Yea
De León — Yea
Runner — Yea
Hall — Yea
Hernandez — Yea
Hertzberg — Yea
Hueso — Yea
Block — Yea
Huff — Yea
Leyva — Yea
Liu — Yea
Moorlach — Yea
Morrell — Yea
Pan — Yea
Pavley — Yea
Wolk — Yea
Fuller — Yea
Galgiani — Yea
Hancock — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

AB 538 CAMPOS Assembly Third Reading

Passed 75 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 66004
Democratic 4000
Republican 5001
Total 75005
% of votes cast 94%0%0%6%
How each member voted (80)
Member Party Vote
Achadjian — Not Voting
Alejo — Yea
Baker — Yea
Bigelow — Yea
Bloom — Not Voting
Brough — Yea
Brown — Yea
Harper — Yea
Holden — Yea
Levine — Yea
Low — Yea
Maienschein — Yea
Mathis — Yea
Quirk — Yea
Santiago — Yea
Eggman — Yea
Daly — Yea
Frazier — Yea
Chávez — Yea
Gatto — Yea
Salas — Yea
Jones-Sawyer — Yea
Mayes — Yea
Medina — Yea
Melendez — Yea
Olsen — Yea
Wagner — Yea
Bonilla — Yea
Gonzalez — Yea
Gray — Yea
Lopez — Yea
McCarty — Yea
Mullin — Yea
Burke — Yea
Campos — Yea
Chiu — Yea
Cooley — Yea
Cooper — Yea
Dababneh — Yea
Dodd — Yea
Nazarian — Yea
O'Donnell — Yea
Perea — Yea
Rendon — Yea
Ridley-Thomas — Yea
Thurmond — Yea
Waldron — Yea
Wilk — Yea
Atkins — Yea
Gomez — Not Voting
Chang — Yea
Chau — Yea
Gordon — Yea
Chu — Yea
Kim — Yea
Linder — Yea
Obernolte — Not Voting
Rodriguez — Yea
Steinorth — Yea
Ting — Yea
Weber — Yea
Williams — Yea
Wood — Yea
Hadley — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Do pass. To Consent Calendar.

Passed 15 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 12001
Democratic 2000
Republican 1001
Total 15002
% of votes cast 88%0%0%12%
How each member voted (17)
Member Party Vote
Bloom — Yea
Eggman — Yea
Chang — Yea
Gomez — Yea
Holden — Yea
Bigelow — Yea
Quirk — Yea
Rendon — Yea
Wagner — Yea
Weber — Yea
Wood — Yea
Daly — Not Voting
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Yea
Jones, Brian W. Republican Not Voting

Official roll call →

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 AB 538 do?
Existing law provides for the time of commencing civil actions other than for the recovery of real property, as specified. Under existing law, unless a longer period is prescribed for a specific action, an action for damages against a defendant based upon the defendant's commission of a felony offense for which the defendant has been convicted is required to be brought within one year after the judgment has been pronounced. Under existing law, a civil action cannot be commenced pursuant to these provisions if a defendant has received a certificate of rehabilitation or a pardon, among other circumstances. This bill would provide that a civil action cannot be commenced pursuant to these provisions if the defendant was unlawfully imprisoned or restrained but has been released from prison after successfully prosecuting a writ of habeas corpus. Under existing law, a crime victim or family member of a crime victim may request certain information from the Department of Corrections and Rehabilitation regarding the status of a criminal offender. This bill would require a person or entity that enters into a contract with a criminal offender for the sale of the story of a crime for which the offender was convicted to notify the California Department of Corrections and Rehabilitation, which must then notify the victim, or a member of the victim's immediate family, as specified, if he or she has requested notification. This bill would also correct an erroneous cross-reference.
Who sponsors AB 538?
AB 538 is sponsored by Campos.
What is the current status of AB 538?
This bill has been enacted into law. Introduced February 23, 2015. Enacted.
Where can I track AB 538?
Track AB 538 free on One Click Politics — get push/email alerts when it moves.

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