Bill Text: CA AB1510 | 2019-2020 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Sexual assault and other sexual misconduct: statutes of limitations on civil actions.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2019-10-02 - Chaptered by Secretary of State - Chapter 462, Statutes of 2019. [AB1510 Detail]
Download: California-2019-AB1510-Amended.html
or other
sexual misconduct, where the assault or other sexual misconduct occurred on or after the plaintiff’s 18th birthday, the time for commencement of the action shall be the later of the following: (A)“Sexual “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.
Bill Title: Sexual assault and other sexual misconduct: statutes of limitations on civil actions.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2019-10-02 - Chaptered by Secretary of State - Chapter 462, Statutes of 2019. [AB1510 Detail]
Download: California-2019-AB1510-Amended.html
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Amended
IN
Assembly
April 10, 2019 |
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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 expand these provisions to civil actions for all sexual misconduct, as defined. 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 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 sexual assault or other sexual misconduct claims, arising out of sexual misconduct by a physician occurring at a student health center, 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
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(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 or other sexual misconduct 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 or other sexual misconduct
against the plaintiff.
(b) (1) As used in this section, the following terms have the following meanings:
(B)“Sexual misconduct” means inappropriate contact, communication, or activity of a sexual nature.
(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 other 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 or other misconduct.
(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) and arising out of a sexual assault or other sexual misconduct by a physician occurring at a student health center, 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 entered into before January 1, 2020, between the plaintiff and the defendant, if the plaintiff was represented by an attorney who was admitted to practice law in this state at the time of the settlement and the plaintiff signed the agreement.
