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AB-1510 Sexual assault and other sexual misconduct: statutes of limitations on civil actions.(2019-2020)

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Date Published: 05/06/2019 09:00 PM
AB1510:v96#DOCUMENT

Amended  IN  Assembly  May 06, 2019
Amended  IN  Assembly  April 10, 2019
Amended  IN  Assembly  March 28, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 1510


Introduced by Assembly Member Reyes
(Coauthors: Assembly Members Carrillo, Cervantes, and Eduardo Garcia)
(Coauthor: Senator Leyva)

February 22, 2019


An act to amend Section 340.16 of the Code of Civil Procedure, relating to sexual misconduct.


LEGISLATIVE COUNSEL'S DIGEST


AB 1510, as amended, Reyes. Sexual assault and other sexual misconduct: statutes of limitations on civil actions.
Existing law sets the time for commencement of any civil action for recovery of damages suffered as a result of sexual assault, as defined, to the later of within 10 years from the date of the last act, attempted act, or assault with intent to commit an act, of sexual assault by the defendant against the plaintiff or within 3 years from the date the plaintiff discovers or reasonably should have discovered that an injury or illness resulted from an act, attempted act, or assault with intent to commit an act, of sexual assault by the defendant against the plaintiff. Existing law provides that this limitation applies to any action of that type that is commenced on or after January 1, 2019.
The bill would clarify that it is not necessary that a criminal prosecution or other proceeding have been brought as a result of the sexual assault or, if a criminal prosecution or other proceeding was brought, that the prosecution or proceeding resulted in a conviction or adjudication.
The bill would revive claims for damages arising out of a sexual assault or other sexual misconduct claims, arising out of sexual misconduct inappropriate contact, communication, or activity of a sexual nature by a physician occurring at a student health center, center between January 1, 1988, and January 1, 2017, that would otherwise be barred prior to January 1, 2020, solely because the applicable statute of limitations has or had expired, and would authorize a cause of action to proceed if already pending in court or, if not filed, to be commenced within one year of January 1, 2020.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 340.16 of the Code of Civil Procedure is amended to read:

340.16.
 (a) In any civil action for recovery of damages suffered as a result of sexual assault, where the assault occurred on or after the plaintiff’s 18th birthday, the time for commencement of the action shall be the later of the following:
(1) Within 10 years from the date of the last act, attempted act, or assault with the intent to commit an act, of sexual assault against the plaintiff.
(2) Within three years from the date the plaintiff discovers or reasonably should have discovered that an injury or illness resulted from an act, attempted act, or assault with the intent to commit an act, of sexual assault against the plaintiff.
(b) (1) As used in this section, “sexual assault” means any of the crimes described in Section 243.4, 261, 262, 264.1, 286, 287, or 289, or former Section 288a, of the Penal Code, assault with the intent to commit any of those crimes, or an attempt to commit any of those crimes.
(2) For the purpose of this section, it is not necessary that a criminal prosecution or other proceeding have been brought as a result of the sexual assault or, if a criminal prosecution or other proceeding was brought, that the prosecution or proceeding resulted in a conviction or adjudication. This subdivision does not limit the availability of causes of action permitted under subdivision (a), including causes of action against persons or entities other than the alleged person who committed the crime.
(c) (1) This section applies to any action described in subdivision (a) that is commenced on or after January 1, 2019.
(2) Notwithstanding any other law, any claim for damages arising out of a sexual assault or other sexual misconduct inappropriate contact, communication, or activity of a sexual nature by a physician occurring at a student health center, center between January 1, 1988, and January 1, 2017, that would otherwise be barred prior to January 1, 2020, solely because the applicable statute of limitations has or had expired, is hereby revived and, a cause of action may proceed if already pending in court or, if not filed, may be commenced within one year of January 1, 2020.
(3) This subdivision does not revive either of the following claims:
(A) A claim that has been litigated to finality in a court of competent jurisdiction before January 1, 2020.
(B) A claim that has been compromised by a written settlement agreement between the parties entered into before January 1, 2020, between the plaintiff and the defendant. 2020.
(C) A claim brought against a public entity.