Bill Text: CA AB1106 | 2013-2014 | Regular Session | Amended

California Assembly Bill 1106 (Prior Session Legislation)

Bill Title: Public entities: liability.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1106 Detail]

Download: California-2013-AB1106-Amended.html

BILL NUMBER: AB 1106	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 21, 2013

INTRODUCED BY   Assembly Member Waldron

                        FEBRUARY 22, 2013

   An act to  amend Section 17552 of   add
Section 818.3 to  the Government Code, relating to 
state mandates   public entities  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1106, as amended, Waldron.  State mandates. 
 Public entities: liability.  
   Existing law generally regulates county jails. Existing law
provides that a public entity is liable for injury proximately caused
by an act or omission of an employee of the public entity within the
scope of his or her employment if the act or omission would have
given rise to a cause of action against that employee or the employee'
s personal representative, as specified. Existing law exempts a
public entity from liability for injuries or damages under specified
circumstances.  
   This bill would provide that a public entity that owns or operates
a county jail or correctional facility constructed prior to October
1, 2011, or an employee thereof, shall not be liable to an inmate,
ward, or prisoner of that county jail or correctional facility for an
injury arising out of the failure of the facility to comply with
standards or conditions imposed upon state prisons, as specified.
 
   The California Constitution requires the state to provide a
subvention of funds to reimburse local government for the costs of
that new program or higher level of service, with specified
exceptions, when the Legislature or a state agency mandates a new
program or higher level of service on any local government, including
school districts. Existing law establishes the sole and exclusive
procedure by which a local agency or school district may claim
reimbursement for these costs.  
   This bill would make a technical, nonsubstantive change to this
provision. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 818.3 is added to the 
 Government Code   , to read:  
   818.3.  (a) A public entity that owns or operates a county jail or
correctional facility constructed prior to October 1, 2011, or an
employee thereof, shall not be liable to an inmate, ward, or prisoner
of that county jail or correctional facility for an injury arising
out of the failure of the facility to comply with standards or
conditions imposed upon state prisons, that does not result in cruel
and unusual punishment, related to, but not limited to, lack of
amenities, activities, dental care, educational curriculum, housing,
medical care, mental health care, population, preventative health
care, religious programs, therapeutic programs, and work programs.
   (b) Nothing in this section limits the liability of a public
entity or its employee that otherwise exists for an act of gross
negligence.  
  SECTION 1.    Section 17552 of the Government Code
is amended to read:
   17552.  This chapter shall provide the sole and exclusive
procedure by which a local agency or school district in this state
may claim reimbursement for costs mandated by the state as required
by Section 6 of Article XIII B of the California Constitution.