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.