Civil actions: statutes of limitation: theft.
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 status
signed
all 5 stages cleared
Introduction
Feb 2010
Committee Review
May 2010
Assembly Passage
May 2010
Senate Passage
Aug 2010
Signed into Law
Sep 2010
Introduced Feb 25, 2010
Signed Sep 30, 2010
Floor votes · Senate Aug 25, 2010 · Assembly May 6, 2010
How they voted
30–0
Passed · 5 other
Total votes 35
Aug 25, 2010
D
Democratic23
86% Yea
R
Republican12
83% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
25
Key actions
8
Committee
7
Amendments
6
Sep 30, 2010
Signed into law
Approved by the Governor.
legislature
Aug 30, 2010
Lower · Passed
Senate amendments concurred in. To enrollment. (Ayes 76. Noes 0. Page 6855.)
lower
Aug 30, 2010
Introduced
In Assembly. Concurrence in Senate amendments pending.
lower
Aug 25, 2010
Senate · Passed
Senate Vote: pass (30-0-5)
senate
Jun 29, 2010
Upper · Passed
Read second time and amended. Ordered to third reading.
upper
Jun 28, 2010
Introduced
From committee: Amend, and do pass as amended. (Ayes 4. Noes 0.) (June 22).
upper
May 20, 2010
Committee
Referred to Com. on JUD.
upper
May 6, 2010
Assembly · Passed
Assembly Vote: pass (57-0-4)
assembly
May 4, 2010
Lower · Passed
From committee: Do pass. (Ayes 10. Noes 0.) (May 4).
lower
Apr 26, 2010
Committee
Re-referred to Com. on JUD.
lower
Apr 22, 2010
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
lower
Apr 13, 2010
Lower · Passed
In committee: Hearing postponed by committee.
lower
Apr 5, 2010
Committee
Re-referred to Com. on JUD.
lower
Apr 5, 2010
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
lower
Mar 25, 2010
Committee
Referred to Com. on JUD.
lower
Feb 26, 2010
Lower · Passed
From printer. May be heard in committee March 28.
lower
0 primary · 0 co-sponsors
Sponsors
No sponsor information available.
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