00 SENATE BILL NO. 127                                                                                                     
01 "An Act relating to civil actions, including damages, for crime victims."                                               
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  SHORT TITLE.  This Act may be known as the Crime Victims' Civil Justice                                
04 Act.                                                                                                                    
05    * Sec. 2.  AS 09.10.070 is amended to read:                                                                          
06  Sec. 09.10.070.  ACTIONS FOR TORTS AND CERTAIN STATUTORY                                                              
07 LIABILITIES TO BE BROUGHT IN TWO YEARS.  Except as provided in                                                         
08 AS 09.55.660 for actions by crime victims, a [A] person may not bring an action (1)                                    
09 for libel, slander, assault, battery, seduction, false imprisonment, or for any injury to                               
10 the person or rights of another not arising on contract and not specifically provided                                   
11 otherwise; (2) upon a statute for a forfeiture or penalty to the state; or (3) upon a                                   
12 liability created by statute, other than a penalty or forfeiture; unless the action is                                  
13 commenced within two years.                                                                                             
14    * Sec. 3.  AS 09.55 is amended by adding a new section to read:                                                      
01  Sec. 09.55.660.  ACTIONS BY CRIME VICTIMS.  (a)  A person who                                                         
02 damages another while in the commission of a misdemeanor or a felony  is liable to                                      
03 the victim for actual damages and for liquidated damages in the amount of three times                                   
04 the actual damages  the victim incurred as a result of the person's criminal acts.  This                                
05 subsection does not affect a person's right to punitive damages or limit a person's right                               
06 to other damages.                                                                                                       
07  (b)  In a claim for damages brought by a victim of a misdemeanor or felony,                                           
08 a criminal conviction, including a conviction based on a plea of nolo contendere and                                    
09 a conviction in which the imposition of sentence was suspended, is conclusive                                           
10 evidence as to the facts determined by the conviction or plea.                                                          
11     (c)  The authenticated judgments of courts of record of the United States, the                                     
12 District of Columbia, or of any state, territory, or political subdivision of the United                                
13 States are prima facie evidence of conviction for the purposes of this section.                                         
14  (d)  Notwithstanding AS 09.10.070, a person may not bring an action for                                               
15 damages based on acts that occurred during the commission of a misdemeanor or                                           
16 felony for which the defendant was convicted or to which the defendant entered a plea                                   
17 of nolo contendere unless the action is commenced within 10 years.                                                      
18  (e)  When the cause of action accrues against a person who is imprisoned or                                           
19 on parole or probation,  the action may be commenced within the periods provided in                                     
20 this section after that person is released from prison or completes the period of                                       
21 probation or parole.  If a person is imprisoned  or placed on probation or parole after                                 
22 the cause of action accrues, the time of imprisonment, probation, and parole is not part                                
23 of the time limited for the commencement of the action.                                                                 
24    * Sec. 4.  This Act applies to causes of action that accrue on or after the effective date of                        
25 this Act.