North Carolina General Statutes 1-15.1. Statutes of limitation and repose for civil actions seeking to recover damages arising out of a criminal act
(a) Notwithstanding any other provision of law, if a defendant is convicted of a criminal offense and is ordered by the court to pay restitution or restitution is imposed as a condition of probation, special probation, work release, or parole, then all applicable statutes of limitation and statutes of repose, except as established herein, are tolled for the period set forth in this subsection for purposes of any civil action brought by an aggrieved party against that defendant for damages arising out of the offense for which the defendant was convicted. Any statute of limitation or repose applicable in the civil action shall be tolled from the time of entry of the court order
(1) Requiring that restitution be made,
Terms Used In North Carolina General Statutes 1-15.1
- Conviction: A judgement of guilt against a criminal defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Statute: A law passed by a legislature.
(2) Making restitution a condition of probation or special probation, or
(3) Recommending that restitution be made a condition of work release or parole,
and until the defendant has paid in full the amount of restitution ordered or imposed. Except as provided in N.C. Gen. Stat. § 15B-34, an action to recover damages arising out of the criminal offense shall not be commenced more than 10 years from the last act of the defendant giving rise to the cause of action.
(b) In any civil action brought by an aggrieved party against the defendant for damages arising out of the offense for which the defendant was convicted:
(1) The defendant has the right to contest the amount of damages;
(2) The amount of any restitution ordered or imposed shall not be admissible into evidence; and
(3) All restitution paid by the defendant to the aggrieved party shall be credited against any judgment rendered in the action against that defendant.
(c) This section shall not apply if the offense of which the defendant was convicted was an offense established in Chapter 20 of the N.C. Gen. Stat..
(d) A plea of no contest shall be considered the same as a conviction for purposes of this section. (1989, c. 535, s. 1; 2004-159, s. 3.)