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,
(2) Making restitution a condition of probation or special probation, or
(3) Recommending that restitution be made a condition of work release or parole,
(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 General Statutes.
(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.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 3 - Limitations, General Provisions.
§ 1-15 - Statute runs from accrual of action.
§ 1-18 - Disability of marriage.
§ 1-19 - Cumulative disabilities.
§ 1-20 - Disability must exist when right of action accrues.
§ 1-21 - Defendant out of State; when action begun or judgment enforced.
§ 1-22 - Death before limitation expires; action by or against personal representative or collector.
§ 1-23 - Time of stay by injunction or prohibition.
§ 1-24 - Time during controversy on probate of will or granting letters.
§ 1-26 - New promise must be in writing.
§ 1-27 - Act, admission or acknowledgment by party to obligation, co-obligor or guarantor.
§ 1-30 - Applicable to actions by State.
§ 1-31 - Action upon a mutual, open and current account.
§ 1-32 - Not applicable to bank bills.