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AB-2693 Childhood sexual assault: statute of limitations.(2023-2024)



Current Version: 09/04/24 - Enrolled

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AB2693:v97#DOCUMENT

Enrolled  September 04, 2024
Passed  IN  Senate  August 30, 2024
Passed  IN  Assembly  May 22, 2024
Amended  IN  Assembly  April 03, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2693

Introduced by Assembly Member Wicks

February 14, 2024

An act to add Section 340.12 to the Code of Civil Procedure, and to amend Sections 844.6 and 854.8 of the Government Code, relating to childhood sexual assault.


LEGISLATIVE COUNSEL'S DIGEST


AB 2693, Wicks. Childhood sexual assault: statute of limitations.
Existing law provides that there is no statute of limitations for actions for recovery of damages suffered as a result of childhood sexual assault, as defined, that occurred on or after January 1, 2024. For actions for recovery of damages suffered as a result of childhood sexual assault that occurred on or before December 31, 2023, existing law provides that the time of commencement of the action shall be later of within 22 years of the date the plaintiff attains the date of majority, or within 5 years of the date the plaintiff discovers that psychological injury or illness occurring after the age of majority was caused by the sexual assault.
Existing law generally limits the liability of a public entity for injuries to or proximately caused by prisoners or patients of mental institutions.
This bill would, notwithstanding any other law, revive claims for damages suffered as a result of childhood sexual assault by an employee of a juvenile probation camp or detention facility owned and operated by a county, that would otherwise be barred as of January 1, 2025, by the applicable statute of limitations, claim presentation deadline, or other time limit, as specified. The bill would provide that the limitations on liability described above do not apply to these claims.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 340.12 is added to the Code of Civil Procedure, to read:

340.12.
 (a) (1) Notwithstanding any other law, including Section 340.11, an action for recovery of the types described in paragraphs (1) to (3) of subdivision (a) of Section 340.1 for damages suffered as a result of childhood sexual assault by an employee of a juvenile probation camp or detention facility owned and operated by a county at the time the childhood sexual assault occurred, that would otherwise be barred as of January 1, 2025, because the applicable statute of limitations, claim presentation deadline, or any other time limit had expired, is hereby revived, and a cause of action may proceed if commenced by December 31, 2025.
(2) 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, 2025.
(B) A claim that has been compromised by a written settlement agreement between the parties entered into before January 1, 2025.
(b) Notwithstanding any other law, Section 844.6 or 854.8 of the Government Code do not apply to any claim seeking to recover damages arising out of a sexual assault described in subdivision (a). This subdivision is retroactive and applies to any action commenced on or after the date of the enactment of the act adding this subdivision, and to any action filed before the date of enactment and still pending on that date, including any action or causes of action that would have been barred by the laws in effect before the date of enactment.

SEC. 2.

 Section 844.6 of the Government Code is amended to read:

844.6.
 (a) Notwithstanding any other provision of this part, except as provided in this section, in Sections 814, 814.2, 845.4, and 845.6, in Section 340.12 of the Code of Civil Procedure, and in Title 2.1 (commencing with Section 3500) of Part 3 of the Penal Code, a public entity is not liable for:
(1) An injury proximately caused by any prisoner.
(2) An injury to any prisoner.
(b) Nothing in this section affects the liability of a public entity under Article 1 (commencing with Section 17000) of Chapter 1 of Division 9 of the Vehicle Code.
(c) Except for an injury to a prisoner, nothing in this section prevents recovery from the public entity for an injury resulting from the dangerous condition of public property under Chapter 2 (commencing with Section 830) of this part.
(d) Nothing in this section exonerates a public employee from liability for injury proximately caused by the employee’s negligent or wrongful act or omission. The public entity may but is not required to pay any judgment, compromise or settlement, or may but is not required to indemnify any public employee, in any case where the public entity is immune from liability under this section; except that the public entity shall pay, as provided in Article 4 (commencing with Section 825) of Chapter 1 of this part, any judgment based on a claim against a public employee who is lawfully engaged in the practice of one of the healing arts under any law of this state for malpractice arising from an act or omission in the scope of their employment, and shall pay any compromise or settlement of a claim or action, based on such malpractice, to which the public entity has agreed.

SEC. 3.

 Section 854.8 of the Government Code is amended to read:

854.8.
 (a) Notwithstanding any other provision of this part, except as provided in this section, Sections 814, 814.2, 855, and 855.2, and Section 340.12 of the Code of Civil Procedure, a public entity is not liable for:
(1) An injury proximately caused by a patient of a mental institution.
(2) An injury to an inpatient of a mental institution.
(b) Nothing in this section affects the liability of a public entity under Article 1 (commencing with Section 17000) of Chapter 1 of Division 9 of the Vehicle Code.
(c) Except for an injury to an inpatient of a mental institution, nothing in this section prevents recovery from the public entity for an injury resulting from the dangerous condition of public property under Chapter 2 (commencing with Section 830) of this part.
(d) Nothing in this section exonerates a public employee from liability for injury proximately caused by the employee’s negligent or wrongful act or omission. The public entity may but is not required to pay any judgment, compromise or settlement, or may but is not required to indemnify any public employee, in any case where the public entity is immune from liability under this section; except that the public entity shall pay, as provided in Article 4 (commencing with Section 825) of Chapter 1 of this part, any judgment based on a claim against a public employee who is lawfully engaged in the practice of one of the healing arts under any law of this state for malpractice arising from an act or omission in the scope of their employment, and shall pay any compromise or settlement of a claim or action, based on such malpractice, to which the public entity has agreed.