SB 127: "An Act relating to civil actions, including damages, for crime victims."

00SENATE 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.