Bill Text: CA AB3120 | 2017-2018 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Damages: childhood sexual assault: statute of limitations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2018-09-30 - Vetoed by Governor. [AB3120 Detail]

Download: California-2017-AB3120-Amended.html

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Amended  IN  Assembly  April 19, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 3120

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Introduced by Assembly Member Gonzalez Fletcher

February 16, 2018

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An act to amend Sections 340.1 and 1002 of the Code of Civil Procedure, and to amend Section 905 of the Government Code, relating to childhood sexual assault.

LEGISLATIVE COUNSEL'S DIGEST

AB 3120, as amended, Gonzalez Fletcher. Damages: childhood sexual assault: statute of limitations.

Existing law requires that an action for recovery of damages suffered as a result of childhood sexual abuse, as defined, be commenced within 8 years of the date the plaintiff attains the age of majority or within 3 years of the date the plaintiff discovers or reasonably should have discovered that the psychological injury or illness occurring after the age of majority was caused by sexual abuse, whichever occurs later, and provides that certain of those actions may not be commenced on or after the plaintiff’s 26th birthday. Existing law also prohibits confidentiality provisions within a settlement agreement arising from a claim of childhood sexual abuse.

This bill would expand the definition of childhood sexual abuse, which it would instead refer to childhood sexual assault. This bill would eliminate the time limit for commencing an action for recovery of damages suffered as a result of childhood sexual assault and would provide for the recovery of treble damages against certain defendants in these actions. This bill would also require an alleged perpetrators a person who holds a license in the state to self-report report any childhood sexual assault claim made against him or her. her, and any ensuing judgment, to the relevant licensing agency.

Existing law, the Government Claims Act, generally requires the presentation of all claims for money or damages against local public entities. The Government Claims Act excludes from this requirement claims made for the recovery of damages suffered as a result of childhood sexual abuse, as defined, arising from conduct that occurred on or after January 1, 2009.

This bill would change that reference from childhood sexual abuse to childhood sexual assault, as defined, and it would remove the requirement that the conduct occurred on or after that specified date. The bill would also make a conforming change to the provision governing confidentiality provisions in childhood sexual abuse claims.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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Bill Text

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

SECTION 1.

 Section 340.1 of the Code of Civil Procedure is amended to read:

340.1.

(a)For purposes of this section, a “cover up” is a concerted effort to hide evidence relating to childhood sexual assault, such as moving a perpetrator to another location without notifying authorities and adults at the new location, giving an accused perpetrator a positive recommendation for further employment without disclosing the accusations of childhood sex assault, or destroying documents to conceal childhood sex assault.

(b)

340.1.

 (a) In an action for recovery of damages suffered as a result of childhood sexual assault, there is no time limit for commencement of any of the following actions:

(1) An action against any person for committing an act of childhood sexual assault.

(2) An action for liability against any person or entity who owed a duty of care to the plaintiff, if a wrongful or negligent act by that person or entity was a legal cause of the childhood sexual assault that resulted in the injury to the plaintiff.

(3) An action for liability against any person or entity if an intentional act by that person or entity was a legal cause of the childhood sexual assault that resulted in the injury to the plaintiff.

(c)

(b) (1) In an action described in subdivision (b), (a), a person who is sexually assaulted as the result of a cover up may recover treble damages against a defendant who is found to have covered up the sexual assault of a minor.

(d)If an alleged perpetrator of childhood sexual assault holds a license from this state, he or she shall self-report to the appropriate licensing agency the accusation made against him or her, within 30 days of the service of, or the settlement of, an action or claim arising from the assault. A licensing agency may consider failure to comply with this section in making licensing determinations.

(2) For purposes of this subdivision, a “cover up” is a concerted effort to hide evidence relating to childhood sexual assault, which includes moving a perpetrator to another location without notifying authorities and adults at the new location, giving an accused perpetrator a positive recommendation for further employment without disclosing the accusations of childhood sex assault, or destroying documents to conceal childhood sex assault.

(c) A person holding a professional license from the state shall report to the licensing agency that an action pursuant to subdivision (a) has been filed against him or her. If a judgment is entered, the licensee shall also report the entry of judgment to the licensing agency. Reports made pursuant to this subdivision shall be made in writing within 30 days of the licensee learning of the action or judgment. Failure to comply with this subdivision is grounds for the licensing agency to discipline the licensee.

(e)The

(d) In an action described in subdivision (a), a court shall not keep confidential the name of any alleged perpetrator of childhood sexual assault assault, and the fact that he or she has been accused shall not be sealed in any court records unless the demanding party shows requesting the confidentiality or sealing establishes good cause.

(f)

(e) “Childhood sexual assault” as used in this section includes any act committed against the plaintiff that occurred when the plaintiff was under the age of 18 years and that would have been proscribed by Section 266j of the Penal Code; Section 285 of the Penal Code; paragraph (1) or (2) of subdivision (b), or of subdivision (c), of Section 286 of the Penal Code; subdivision (a) or (b) of Section 288 of the Penal Code; paragraph (1) or (2) of subdivision (b), or of subdivision (c), of Section 288a of the Penal Code; Section 288.2 of the Penal Code; Section 288.4 of the Penal Code; subdivision (h), (i), or (j) of Section 289 of the Penal Code; Section 311.3 of the Penal Code; Section 311.4 of the Penal Code; any sexual conduct as defined in paragraph (1) of subdivision (d) of Section 311.4 of the Penal Code; Section 647.6 of the Penal Code; or any prior laws of this state of similar effect at the time the act was committed. 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 perpetrator of the abuse.

(g)

(f) This section shall not be construed to alter the otherwise applicable burden of proof, as defined in Section 115 of the Evidence Code, that a plaintiff has in a civil action subject to this section.

(h)

(g) The changes made to this section by the act that added this subdivision apply to and revive any action commenced on or after the date of enactment of that act, 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. This subdivision is not intended to revive actions or causes of action as to which there has been a final adjudication before the date of enactment.

SEC. 2.

 Section 1002 of the Code of Civil Procedure is amended to read:

1002.

 (a) Notwithstanding any other law, a provision within a settlement agreement that prevents the disclosure of factual information related to the action is prohibited in any civil action the factual foundation for which establishes a cause of action for civil damages for any of the following:

(1) An act that may be prosecuted as a felony sex offense.

(2) An act of childhood sexual assault, as defined in Section 340.1.

(3) An act of sexual exploitation of a minor, as defined in Section 11165.1 of the Penal Code, or conduct prohibited with respect to a minor pursuant to Section 311.1, 311.5, or 311.6 of the Penal Code.

(4) An act of sexual assault, as defined in paragraphs (1) to (9), inclusive, of subdivision (e) of Section 15610.63 of the Welfare and Institutions Code, against an elder or dependent adult, as defined in Sections 15610.23 and 15610.27 of the Welfare and Institutions Code.

(b) Notwithstanding any other law, in a civil action described in paragraphs (1) to (4), inclusive, of subdivision (a), a court shall not enter, by stipulation or otherwise, an order that restricts the disclosure of information in a manner that conflicts with subdivision (a).

(c) Subdivisions (a) and (b) do not preclude an agreement preventing the disclosure of any medical information or personal identifying information, as defined in subdivision (b) of Section 530.55 of the Penal Code, regarding the victim of the offense listed in subdivision (a) or of any information revealing the nature of the relationship between the victim and the defendant. This subdivision shall not be construed to limit the right of a crime victim to disclose this information.

(d) Except as authorized by subdivision (c), a provision within a settlement agreement that prevents the disclosure of factual information related to the action described in subdivision (a) that is entered into on or after January 1, 2017, is void as a matter of law and against public policy.

(e) An attorney’s failure to comply with the requirements of this section by demanding that a provision be included in a settlement agreement that prevents the disclosure of factual information related to the action described in subdivision (a) that is not otherwise authorized by subdivision (c) as a condition of settlement, or advising a client to sign an agreement that includes such a provision, may be grounds for professional discipline and the State Bar of California shall investigate and take appropriate action in any such case brought to its attention.

SEC. 3.

 Section 905 of the Government Code is amended to read:

905.

 There shall be presented in accordance with Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) all claims for money or damages against local public entities except any of the following:

(a) Claims under the Revenue and Taxation Code or other statute prescribing procedures for the refund, rebate, exemption, cancellation, amendment, modification, or adjustment of any tax, assessment, fee, or charge or any portion of the charge, or of any penalties, costs, or related charges.

(b) Claims in connection with which the filing of a notice of lien, statement of claim, or stop notice is required under any law relating to liens of mechanics, laborers, or materialmen.

(c) Claims by public employees for fees, salaries, wages, mileage, or other expenses and allowances.

(d) Claims for which the workers’ compensation authorized by Division 4 (commencing with Section 3200) of the Labor Code is the exclusive remedy.

(e) Applications or claims for any form of public assistance under the Welfare and Institutions Code or other provisions of law relating to public assistance programs, and claims for goods, services, provisions, or other assistance rendered for or on behalf of any recipient of any form of public assistance.

(f) Applications or claims for money or benefits under any public retirement or pension system.

(g) Claims for principal or interest upon any bonds, notes, warrants, or other evidences of indebtedness.

(h) Claims that relate to a special assessment constituting a specific lien against the property assessed and that are payable from the proceeds of the assessment, by offset of a claim for damages against it or by delivery of any warrant or bonds representing it.

(i) Claims by the state or by a state department or agency or by another local public entity or by a judicial branch entity.

(j) Claims arising under any provision of the Unemployment Insurance Code, including, but not limited to, claims for money or benefits, or for refunds or credits of employer or worker contributions, penalties, or interest, or for refunds to workers of deductions from wages in excess of the amount prescribed.

(k) Claims for the recovery of penalties or forfeitures made pursuant to Article 1 (commencing with Section 1720) of Chapter 1 of Part 7 of Division 2 of the Labor Code.

(l) Claims governed by the Pedestrian Mall Law of 1960 (Part 1 (commencing with Section 11000) of Division 13 of the Streets and Highways Code).

(m) Claims made pursuant to Section 340.1 of the Code of Civil Procedure for the recovery of damages suffered as a result of childhood sexual assault.

(n) Claims made pursuant to Section 701.820 of the Code of Civil Procedure for the recovery of money pursuant to Section 26680.

(o) Claims made pursuant to Section 49013 of the Education Code for reimbursement of pupil fees for participation in educational activities.

(p) The changes made to this section by the act that added this subdivision are retroactive and apply to any action commenced on or after the date of enactment of that act, 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.