State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-15_1

§ 1‑15.1.  Statutes oflimitation and repose for civil actions seeking to recover damages arising outof a criminal act.

(a)        Notwithstanding anyother provision of law, if a defendant is convicted of a criminal offense andis ordered by the court to pay restitution or restitution is imposed as acondition of probation, special probation, work release, or parole, then allapplicable statutes of limitation and statutes of repose, except as establishedherein, are tolled for the period set forth in this subsection for purposes ofany civil action brought by an aggrieved party against that defendant fordamages arising out of the offense for which the defendant was convicted. Anystatute of limitation or repose applicable in the civil action shall be tolledfrom the time of entry of the court order

(1)        Requiring thatrestitution be made,

(2)        Making restitution acondition of probation or special probation, or

(3)        Recommending thatrestitution be made a condition of work release or parole,

and until the defendant has paidin full the amount of restitution ordered or imposed. Except as provided inG.S. 15B‑34, an action to recover damages arising out of the criminaloffense shall not be commenced more than 10 years from the last act of thedefendant giving rise to the cause of action.

(b)        In any civil actionbrought by an aggrieved party against the defendant for damages arising out ofthe offense for which the defendant was convicted:

(1)        The defendant hasthe right to contest the amount of damages;

(2)        The amount of anyrestitution ordered or imposed shall not be admissible into evidence; and

(3)        All restitution paidby the defendant to the aggrieved party shall be credited against any judgmentrendered in the action against that defendant.

(c)        This section shallnot apply if the offense of which the defendant was convicted was an offenseestablished in Chapter 20 of the General Statutes.

(d)        A plea of nocontest shall be considered the same as a conviction for purposes of thissection. (1989,c. 535, s. 1; 2004‑159, s. 3.)