Store Research

ASSEMBLY BILL 493 (ROBINSON � 1983)

CHAPTER 938, STATUTES OF 1983, AB 493

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As enacted Assembly Bill 493 amended section 37 of and added sections 340.3 and 1021.4 to the Code of Civil Procedure and amended sections 26820.4 and 72055 of the Government Code relating to civil actions. (See Exhibit #1h) Assembly member Robinson introduced Assembly Bill 493 as part of the Legislature’s “Crime Victim Restitution Program of 1983.” (See Exhibits #1h, page 3394 and #3, page 1)

Assembly Bill 493 was introduced on February 7, 1983 and heard by the Assembly and Senate Committees on Judiciary. (See Exhibits #3 and #7) Following passage by these committees, Assembly Bill 493 was referred to the Committee on Finance, withdrawn and re-referred to the Committee on Industrial Relations. (See Exhibit #2) Six amendments were made to the measure while it was before the Legislature. (See Exhibits #1b through #1g and #2) After receiving approval by the Governor, Assembly Bill 493 was recorded by the Secretary of State as Chapter 938 of the Statutes of 1983. (See Exhibits #1h and#2) Assembly Bill 493 contained an urgency clause which caused the bill to go into immediate effect. The reason for this urgency can be found in section 12 of the bill. (See Exhibit #1h, page 3394)

Describing the bill as last amended on September 7, 1983, the Third Reading analysis of the Senate Democratic Caucus states:

This bill would grant a plaintiff who was a victim of a felony and was suing the person convicted of the felony the following advantages:

1.    priority over other civil cases . . .;

2.    an extension of the period in which suit might be brought . . .;

          3.   permission for the court to award reasonable attorneys fees . . .;

    4.   waiver of filing fees . . .;

The county may order the defendant to pay the filing fee if the plaintiff would have been entitled to recover the fee from the defendant had it been paid.
(See Exhibit # 11c, page 1)