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

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Date Published: 02/22/2019 09:00 PM
AB1510:v99#DOCUMENT


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 introduced, Reyes. Sexual assault and other criminal sexual conduct: 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 expand these provisions to other criminal sexual conduct. The bill would specify that the civil action may be brought against any person for committing the sexual assault or other criminal sexual conduct, any person or entity who owed a duty of care to the plaintiff, where a wrongful or negligent act by that person or entity was a legal cause of the sexual assault or other criminal sexual conduct that resulted in the injury to the plaintiff, and any person or entity where an intentional act by that person or entity was a legal cause of the sexual assault or other criminal sexual conduct that resulted in the injury to the plaintiff. 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 misconduct 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 sexual misconduct claims, brought by or on behalf of a patient who suffered sexual misconduct at a student health center, that would otherwise be barred by a statute of limitations in effect 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 or other criminal sexual conduct against any person for committing the sexual assault or other criminal sexual conduct, any person or entity who owed a duty of care to the plaintiff, where a wrongful or negligent act by that person or entity was a legal cause of the sexual assault or other criminal sexual conduct that resulted in the injury to the plaintiff, and any person or entity where an intentional act by that person or entity was a legal cause of the sexual assault or other criminal sexual conduct that resulted in the injury to the plaintiff, where the assault or other misconduct 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 by the defendant or other criminal sexual conduct 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 by the defendant or other criminal sexual conduct against the plaintiff.
(b) (1) As used in this section, “sexual the following terms have the following meanings:
(A) “Sexual assault” means any of the crimes described in Section 243.4, 261, 262, 264.1, 286, 288a, or 289 287, 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.
(B) “Other criminal sexual conduct” means any of the crimes described in Sections ____of the Penal Code.
(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 misconduct 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 described in subdivision (a), brought against any party by or on behalf of a patient who suffered sexual misconduct at a student health center, that would otherwise be barred by a statute of limitations in effect 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. Nothing in this section is intended to revive actions or causes of action as to which there has been a final adjudication on the merits or settlement prior to January 1, 2020. Termination of a prior action on the basis of the statute of limitations does not constitute a final adjudication on the merits.