Tolling of civil actions

If a criminal proceeding is brought against a person to establish the person's guilt concerning the unlawful killing of the decedent, a civil action that involves an issue of whether the person unlawfully killed the decedent may be brought within one (1) year after a final determination is made in the criminal proceeding, including a determination concerning the person's: (1) Mental capacity under § 5-2-312 or § 5-2-313 or similar provisions of another state's law; or (2) Fitness to proceed under § 5-2-309 or a similar provision of another state's law. Added by Act 2013, No. 1351,§ 1, eff. 8/16/2013. If a criminal proceeding is brought against a person to establish the person's guilt concerning the unlawful killing of the decedent, a civil action that involves an issue of whether the person unlawfully killed the decedent may be brought within one (1) year after a final determination is made in the criminal proceeding, including a determination concerning the person's: (1) Mental capacity under § 5-2-312 or § 5-2-313 or similar provisions of another state's law; or (2) Fitness to proceed under § 5-2-309 or a similar provision of another state's law. Added by Act 2013, No. 1351,§ 1, eff. 8/16/2013.