Bill Text: CA SB577 | 2025-2026 | Regular Session | Enrolled

California Senate Bill 577

Bill Title: Public entities.

Sponsorship: Partisan Bill (Democrat 4)

Status: (Enrolled) 2026-08-30 - Assembly amendments concurred in. (Ayes 24. Noes 10.) Ordered to engrossing and enrolling. [SB577 Detail]

Download: California-2025-SB577-Enrolled.html

Enrolled September 01, 2026

Passed IN Senate August 30, 2026

Passed IN Assembly August 30, 2026

Amended IN Assembly August 27, 2026

Amended IN Assembly July 09, 2025

Amended IN Senate April 28, 2025

Amended IN Senate March 26, 2025

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Senate Bill

No. 577

Introduced by Senators Laird and Allen
(Principal coauthors: Assembly Members McKinnor and Ward)

February 20, 2025

An act to add Section 6095.2 to the Business and Professions Code, to amend Section 1431.2 of the Civil Code, to amend Sections 340.1, 340.11, 864, and 1038 of, and to add Section 340.12 to, the Code of Civil Procedure, to amend Sections 41320, 41329.52, and 41329.53 of, and to add Chapter 5 (commencing with Section 14560) to Part 9 of Division 1 of Title 1 of, the Education Code, to add Section 50035 to the Government Code, to add Sections 1526.76, 1534.2, and 1534.3 to the Health and Safety Code, to amend Section 11165.7 of, amend, repeal, and add Section 832.7 of, and to add Section 11054.6 to, the Penal Code, and to add Sections 2203, 16166.5, and 16500.2 to, and to add and repeal Section 16545.5 of, the Welfare and Institutions Code, relating to public entities.

LEGISLATIVE COUNSEL'S DIGEST

SB 577, Laird. Public entities.

(1) Existing law requires that specified actions for recovery of damages suffered as a result of childhood sexual assault that occurred before January 1, 2024, be commenced within 22 years of the date the plaintiff attains the age of majority or within 5 years of the date the plaintiff discovers or reasonably should have discovered that psychological injury or illness occurring after the age of majority was caused by the sexual assault, whichever period expires later. Existing law prohibits a plaintiff from commencing specified actions against a person or entity who did not commit the act of childhood sexual assault on or after the plaintiff’s 40th birthday unless the offending person or entity knew or had reason to know of any misconduct that created a risk of childhood sexual assault by an employee, volunteer, representative, or agent, or the person or entity failed to take reasonable steps or to implement reasonable safeguards to avoid acts of childhood sexual assault. Existing law provides that there is no time limit for commencement of actions for recovery of damages suffered as a result of childhood sexual assault which occurred on or after January 1, 2024. Actions subject to these time limits include actions for liability against any person or entity who owed a duty of care to the plaintiff and an action for liability against any person or entity for an intentional act that was the legal cause of the childhood sexual assault. Existing law provides that in actions against entities for violation of a duty of care, the plaintiff must establish that the entity acted wrongfully or negligently.

This bill would shorten the amount of time a victim of childhood sexual assault that occurred before January 1, 2024, would have to file a specified action to 22 years from 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 psychological injury or illness occurring after the age of majority was caused by the sexual assault, whichever period expires later. The bill would, for actions seeking damages for childhood sexual assault that occurred before January 1, 2024, and filed on or after January 1, 2026, against a public entity, or one of its employees or agents, by a plaintiff who is 40 years of age or older, require the plaintiff to prove by clear and convincing evidence that the public entity knew of misconduct that resulted in childhood sexual assault and failed to take reasonable steps or implement safeguards to avoid it, as specified, and that the public entity negligently discharged a mandatory duty. For these cases, the bill would also require the court to review specified factors when adjudicating motions for remittitur and would authorize a court to structure judgments against public entities so that they could be paid over time.

(2) For actions for recovery of damages suffered as a result of childhood sexual assault, existing law requires a plaintiff 40 years of age or older at the time the action is filed to file certificates of merit executed by the plaintiff’s attorney and a mental health practitioner setting forth specified information. Existing law provides that the failure to file certificates in accordance with these provisions is grounds for a demurrer.

This bill would instead require the certificates to be filed concurrently with the complaint and would prohibit a court clerk from accepting the filing of a complaint that lacks the certificates, except as specified. Additionally, the bill would require the certificates of merit to declare that the plaintiff’s attorney is licensed to practice law in California and is in good standing with the State Bar.

(3) Existing law authorizes a victim of childhood sexual assault who proves it was as the result of a cover up, as defined, to recover up to treble damages against the defendant who is found to have covered up the sexual assault, unless prohibited by another law.

This bill would prohibit such treble damages from being imposed against a defendant that is a public entity.

(4) Existing law prescribes the powers and duties of local legislative bodies. Under existing law, if a statute requires a local agency to take legislative action by resolution, and the local agency’s charter requires it to take legislative action by ordinance, action by ordinance is compliant with the statute for all purposes.

On or before December 1, 2027, this bill would require a local governmental body and a local educational agency, as those terms are defined, to each adopt codes of conduct and a sexual assault prevention plan that promote a safe environment for minors, as specified. The bill would require a local governmental body and a local educational agency to each adopt written policies, plans, or specifications regarding how grooming and sexual abuse concerns and risks will be reported. The bill would require a local governmental body to submit a copy of its adopted codes of conduct to the Attorney General on or before January 1, 2028, and would require the Attorney General to issue a report to the relevant policy committees of the Legislature on or before January 1, 2029, that lists, among other things, each local governmental body or local educational agency that has or has not complied with the requirements prescribed by this bill. The bill would provide that if a local governmental body or local educational agency is licensed or certified by a state agency to provide care or services to minors, the codes of conduct the agency must draft may not supersede the state laws or regulations enforced by the licensing or certifying agency. By imposing new duties on local governments, this bill would impose a state-mandated local program.

(5) The State Bar Act provides for the licensure and regulation of attorneys by the State Bar of California (State Bar), a public corporation governed by a board of trustees. Existing law subjects an attorney to discipline by the State Bar for violating the rules of professional conduct, among other acts, and it also subjects an attorney to civil penalties or criminal sanctions, including for unlawful solicitation, as specified.

This bill would subject an attorney who brings a civil claim alleging childhood sexual assault in bad faith, as defined, to a civil penalty of $25,000 per violation. The bill would additionally authorize the Attorney General, a city attorney, or a county counsel to enforce those provisions. The bill would entitle a prevailing plaintiff in an action seeking this civil penalty to an award of reasonable attorney’s fees and costs.

(6) Existing law makes the personnel records of peace officers and custodial officers confidential and not disclosable in any criminal or civil proceeding except through discovery, as specified. This limitation does not apply to investigations or proceedings concerning the conduct of such officers that are conducted by specified entities, such as a grand jury, a district attorney, or the Commission on Peace Officer Standards and Training.

Beginning January 1, 2028, this bill would also exclude an investigation or proceeding conducted by the Division of the Ombudsperson of the Office of Youth and Community Restoration from this limitation.

(7) In a civil action for personal injury, property damage, or wrongful death, existing law prohibits the joint liability of each defendant for noneconomic damages, as defined. Existing law requires each defendant in such an action to be liable only for the amount of noneconomic damages allocated to that defendant in direct proportion to that defendant’s percentage of fault.

In a civil action filed on or after January 1, 2027, alleging personal injury, property damage, or wrongful death against a public entity, this bill would also prohibit the joint liability of each public entity defendant for economic damages, as defined, unless the public entity is found to be more than 15% at fault.

(8) Under existing law, bonds, warrants, contracts, obligations, and evidences of indebtedness, for the purpose of validating proceedings, are deemed to be in existence upon their authorization, as specified.

This bill would provide that, for purposes of determining the validity of refunding bonds to refund a tort action judgment entered against a public agency, as specified, indebtedness is deemed to be in existence on the date of adoption by the governing body of the public agency of a resolution or ordinance, as specified.

(9) Existing law permits a defendant or a cross-defendant in a civil proceeding under the Government Claims Act, or in any civil action for indemnity or contribution, to seek from the court, at the time of the granting of a motion for summary judgment, directed verdict, motion for judgment in a nonjury trial, or nonsuit dismissing the moving party other than the plaintiff, petitioner, cross-complainant, or intervenor, a determination of whether the plaintiff, petitioner, cross-complainant, or intervenor brought their proceeding in good faith and with reasonable cause. If the court determines that the proceeding was not brought in good faith or with reasonable cause, existing law requires the court to decide the reasonable and necessary defense costs incurred by the party opposing the proceeding and to render judgment in favor of that party. Existing law applies these provisions only if the defendant or cross-defendant has made a motion for summary judgment, a motion for directed verdict, a motion for judgment in a nonjury trial, or nonsuit.

This bill would expand the above provision to apply to a motion for judgment on the pleadings or a demurrer brought by a defendant or cross-defendant. The bill would require a motion brought by a defendant or cross-defendant to identify the specific plaintiffs for which the court’s determination, as described above, is sought. The bill would also prohibit an award of defense costs under these provisions against an attorney from being passed on to a client as a litigation cost.

(10) Existing law, the California School Finance Authority Act, authorizes a participating party, as defined, in connection with securing financing or refinancing of a project, or working capital, as defined, to elect to provide for funding payments of bonds issued by the California School Finance Authority and related obligations by electing to participate in a state or local intercept, or both, by an action of its governing board. Existing law requires the Controller, the county treasurer, or other appropriate county fiscal officer, as applicable, upon receipt of written notice provided by the participating party, to make an apportionment or revenue transfer from specified moneys designated for apportionment to the participating party.

This bill would provide a similar authorization to a participating party, as defined, in connection with securing financing, refinancing, or refunding of a public debt obligation, as defined, to elect to provide for funding payments of the public debt obligation by electing to participate in a state or local intercept, or both, by an action of its governing board. The bill would require the Controller, the county treasurer, or other appropriate county fiscal officer, as applicable, upon receipt of written notice provided by the participating party, to make an apportionment or revenue transfer from specified moneys designated for apportionment to the participating party, as provided. The bill would authorize, and not require, a county to participate in local intercepts under these provisions. The bill would require a participating party to certify the payment schedule, as specified. By expanding the crime of perjury, this bill would impose a state-mandated local program.

(11) Existing law authorizes the governing board of a school district that determines during a fiscal year that its revenues are less than the amount necessary to meet its current year expenditure obligations to request an emergency apportionment through the Superintendent of Public Instruction, subject to specified requirements. Existing law prescribes the financing conditions on emergency apportionments, including a requirement for a school district to develop a schedule to repay the emergency loan, which the county superintendent of schools is required to review, comment on, and submit to the Superintendent for approval.

Existing law authorizes emergency apportionments to be provided through an interim loan from the General Fund and lease financing to be made available by the California Infrastructure and Economic Development Bank, which is authorized to issue bonds for purposes of the emergency apportionments and related costs. Existing law prohibits the term of the lease from exceeding 20 years, except as specified. Existing law authorizes, as an alternative to lease financing, emergency apportionments to be provided from the General Fund. Existing law requires the emergency apportionment to be repaid within 20 years.

This bill would require the school district to consult the county superintendent of schools and the County Office Fiscal Crisis and Management Assistance Team in developing the repayment schedule and would require the county superintendent of schools to submit the repayment schedule to the Department of Finance, instead of the Superintendent, for approval. The bill would extend the maximum term of a lease or for repayment of an emergency apportionment to 30 years. The bill would require the determination of the term to be made by the Department of Finance, in consultation with the school district, the county superintendent of schools, the Superintendent, and the County Office Fiscal Crisis and Management Assistance Team and would require the determination to take into consideration specified factors. To the extent the bill imposes new duties on county superintendents of schools, the bill would impose a state-mandated local program.

(12) Existing law allows the Attorney General to assign an investigator upon request of a district attorney, sheriff, or chief of police, in any crime of statewide importance.

This bill would require the Attorney General to investigate claims of systemic and longstanding sexual abuse of minors in specified juvenile detention centers operated by the County of Los Angeles and reports of fraudulent claims of sexual abuse of minors in, among others, the County of Los Angeles and the City of Santa Monica. The bill would require the Attorney General, by June 30, 2029, to prepare and submit a report to the Legislature summarizing their investigative findings pursuant to these provisions. The bill would make these reporting provisions inoperative on January 1, 2031.

(13) Existing law, the Child Abuse and Neglect Reporting Act, establishes procedures for the reporting and investigation of suspected child abuse or neglect. The act requires certain professionals, including specified health practitioners and social workers, known as “mandated reporters,” to report known or reasonably suspected child abuse or neglect to a local law enforcement agency or a county welfare or probation department, as specified. Failure by a mandated reporter to report an incident of known or reasonably suspected child abuse or neglect is a misdemeanor. Existing law strongly encourages an employer of specific types of mandated reporters, and requires an employer of other types of mandated reporters, including an adult person whose duties require direct contact with and supervision of minors in performance of the minors’ duties in the workplace, as specified, to provide their employees who are mandated reporters with training about their duties as a mandated reporter. Existing law requires that training to include training in child abuse and neglect identification.

This bill would expand the list of employers that are required to provide this training to include those who employ, among others, peace officers, probation officers, and social workers, and would require that training to also include grooming behavior and sexual abuse risks. The bill would define “grooming behavior” for these purposes to mean a behavior that seeks to prepare, induce, or persuade a minor to engage in sexual activity or another form of exploitation. The bill would require an employer who is required to provide their employees with this training to ensure the employees take the training at least once every 2 years. By imposing new training requirements on local employees, this bill would impose a state-mandated local program.

(14) Existing law establishes the California Child Welfare Council to serve as an advisory body responsible for improving the collaboration and processes of the multiple agencies and the courts that serve the children and youth in the child welfare and foster care systems. Existing law requires the council to monitor and report the extent to which child welfare and foster care programs and the courts are responsive to the needs of children in their joint care and issue advisory reports, no less frequently than annually, to the Governor, the Legislature, the Judicial Council, and the public.

This bill would require the council, on or before July 1, 2028, to issue an advisory report that includes recommendations for policy changes that could aid in the prevention of sexual assault of minors in the custody or temporary care of public agencies or their contracted caregivers. The bill would require the council to transmit that report to the Governor and the Legislature, and make the report publicly available on a public-facing internet website.

This bill would make these provisions inoperative on December 1, 2028, and would repeal those provisions as of January 1, 2029.

(15) Existing law establishes the Office of the State Foster Care Ombudsperson within the State Department of Social Services, and prescribes certain powers for the office relating to the management of foster children, including receiving complaints made by or on the behalf of children in foster care and the dissemination of information on the rights of children and youth in foster care. Existing law requires the office to compile and make available to the Legislature all specified data collected over the course of the year, including the number, type, and source of complaints made.

This bill would require the office, on or before July 1, 2028, to develop a specified plan to strengthen independent oversight, monitoring, safety, and rights protections for children and nonminor dependents in foster care who are at risk of sexual abuse, grooming, exploitation, trafficking, or retaliation. The bill would require the office to submit a report, as specified, to the Legislature, by February 1, 2029, and publish the report on its internet website.

This bill would require the department, on or before March 1, 2028, to issue guidance to children’s residential facilities that identifies best practices for preventing sexual abuse in such facilities. The bill would require all such facilities, on or before July 1, 2029, to have program statements that address responses to reports of sexual abuse, grooming, sexual exploitation, trafficking, retaliation, or interference when sexual abuse is alleged or suspected.

(16) Existing law authorizes the State Department of Social Services to establish regulations for periodic inspections for various facilities, including foster family homes or certified family homes. Existing law specifies that every licensed community care facility, except for foster family homes, is subject to unannounced inspections by the department.

This bill would require the department to place a children’s residential facility, as defined, on enhanced monitoring, as specified, for not less than 12 months if 2 or more credible allegations within a 12-month period or 1 substantiated allegation are made involving certain conduct, including sexual abuse, grooming, sexual exploitation, or retaliation. The bill would require the department to, by January 10, 2028, and each year thereafter, update the Legislature regarding sexual safety in children’s residential facilities. The bill would require the department to make these annual reports available on its public internet website.

(17) Existing law establishes the Office of Youth and Community Restoration within the California Health and Human Services Agency. The office’s mission is to promote trauma responsive, culturally informed services for youth involved in the juvenile justice system that support the youths’ successful transition into adulthood and help them become responsible, thriving, and engaged members of their communities. Existing law establishes the Board of State and Community Corrections to provide statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in California’s adult and juvenile criminal justice system.

This bill would require the office and the board to develop a plan to establish an oversight structure that ensures protections for youth in juvenile halls, camps, secure youth treatment facilities and other juvenile justice settings that are comparable to youth placed in licensed children’s residential facilities. The bill would require the office and board to submit the plan to the Legislature on or before July 1, 2028, and to implement the plan on or before July 1, 2030.

This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles.

This bill would incorporate additional changes to Section 11165.7 of the Penal Code proposed by AB 2478 to be operative only if this bill and AB 2478 are enacted and this bill is enacted last.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

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

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

SECTION 1.

Section 6095.2 is added to the Business and Professions Code, to read:

6095.2.

(a) In addition to any other discipline authorized by this chapter, an attorney found by a judicial officer to have brought or maintained a civil claim alleging childhood sexual assault in bad faith is liable for a civil penalty of twenty-five thousand dollars ($25,000) per violation. The amount shall be the personal liability of the attorney and not chargeable to the claimant.

(b) (1) There is a rebuttable presumption of bad faith upon a decision or order by the State Bar Court that an attorney be suspended or disbarred for having committed acts of professional misconduct related to the filing or continued prosecution of the claim after an evidentiary hearing at which the attorney was permitted to present a defense to the charge or charges.

(2) A judicial officer shall not find that an attorney brought or maintained a civil claim in bad faith in violation of this section solely based on any of the following:

(A) Delayed disclosure.

(B) Inability to locate records.

(D) Dismissal on legal grounds.

(E) Inability to meet a heightened evidentiary burden.

(F) An adverse outcome at trial or adverse ruling on a dispositive motion.

(d) An action to enforce this section may be brought by the Attorney General, a city attorney, or county counsel. However, an action to enforce this section may not be brought by a party to the action while the underlying claim alleging childhood sexual assault is pending.

(e) A prevailing plaintiff in an action brought pursuant to this section shall be entitled to an award of reasonable attorney’s fees and costs.

(f) For purposes of this section, the following terms have the following meanings:

(1) “Bad faith” means deliberate or intentional acts by an attorney who lacked an objectively honestly belief that there was a reasonable basis for filing, or continuing to prosecute, a claim, regardless of the outcome of the filing.

(2) “Childhood sexual assault” has the same meaning as in subdivision (c) of Section 340.1 of the Code of Civil Procedure.

SEC. 2.

Section 1431.2 of the Civil Code is amended to read:

1431.2.

(a) (1) In any action for personal injury, property damage, or wrongful death, based upon principles of comparative fault, the liability of each defendant for non-economic damages shall be several only and shall not be joint. Each defendant shall be liable only for the amount of non-economic damages allocated to that defendant in direct proportion to that defendant’s percentage of fault, and a separate judgment shall be rendered against that defendant for that amount.

(2) (A) In any action filed on or after January 1, 2027, alleging personal injury, property damage, or wrongful death against a public entity, based upon principles of comparative fault, the liability of each public entity defendant for economic damages shall be several only and shall not be joint. Each public entity defendant shall be liable only for the amount of economic damages allocated to that public entity in direct proportion to that public entity’s percentage of fault, and a separate judgment shall be rendered against that public entity defendant for that amount.

(B) Subparagraph (A) shall not apply if the public entity is found to be more than 15 percent at fault.

(b) (1) For purposes of this section, the term “economic damages” means objectively verifiable monetary losses including medical expenses, loss of earnings, burial costs, loss of use of property, costs of repair or replacement, costs of obtaining substitute domestic services, loss of employment and loss of business or employment opportunities.

(2) For the purposes of this section, the term “non-economic damages” means subjective, non-monetary losses including, but not limited to, pain, suffering, inconvenience, mental suffering, emotional distress, loss of society and companionship, loss of consortium, injury to reputation and humiliation.

SEC. 3.

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

340.1.

(a) There is no time limit for the commencement of any of the following actions for recovery of damages suffered as a result of childhood sexual assault:

(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.

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

(2) For purposes of this subdivision, a “cover up” is a concerted effort to hide evidence relating to childhood sexual assault.

(3) This subdivision shall not apply to a defendant that is a public entity.

(c) “Childhood sexual assault” as used in this section includes any act committed against the plaintiff that occurred when the plaintiff was under 18 years of age 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 287 or of former Section 288a of the Penal Code; subdivision (h), (i), or (j) of Section 289 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.

(d) 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.

(e) Every plaintiff 40 years of age or older at the time the action is filed shall file certificates of merit as specified in subdivision (f).

(f) Certificates of merit setting forth the facts that support the declaration shall be executed by the attorney for the plaintiff and by a licensed mental health practitioner selected by the plaintiff declaring, respectively, as follows:

(1) The certificate of merit executed by the plaintiff’s attorney shall declare both of the following:

(A) That the attorney is licensed to practice law in California and is in good standing with the State Bar.

(B) That the attorney has reviewed the facts of the case, including court records and available documentation, and has consulted with at least one mental health practitioner who the attorney reasonably believes is knowledgeable of the relevant facts and issues involved in the particular action, and concluded on the basis of that review and consultation that there is reasonable and meritorious cause for the filing of the action.

(2) The certificate of merit executed by the licensed mental health practitioner shall declare all of the following:

(A) That the mental health practitioner consulted is licensed to practice and practices in this state and is not a party to the action.

(B) That the practitioner is not treating and has not treated the plaintiff.

(C) That the practitioner has interviewed the plaintiff and is knowledgeable of the relevant facts and issues involved in the particular action, and has concluded, on the basis of the practitioner’s knowledge of the facts and issues, that in the practitioner’s professional opinion there is a reasonable basis to believe that the plaintiff had been subject to childhood sexual abuse.

(g) If certificates are required pursuant to subdivision (e), the attorney for the plaintiff shall execute a separate certificate of merit for each defendant named in the complaint.

(h) In any action subject to subdivision (e), a defendant shall not be served, and the duty to serve a defendant with process does not attach, until the court has reviewed the certificates of merit filed pursuant to subdivision (f) with respect to that defendant, and has found, in camera, based solely on those certificates of merit, that there is reasonable and meritorious cause for the filing of the action against that defendant. At that time, the duty to serve that defendant with process shall attach.

(i) A violation of this section may constitute unprofessional conduct and may be the grounds for discipline against the attorney.

(j) The failure to file certificates in accordance with this section shall be grounds for a demurrer pursuant to Section 430.10 or a motion to strike pursuant to Section 435.

(k) (1) The certificates required by this section shall be filed concurrently with the complaint.

(2) The court clerk shall not accept for filing a complaint that lacks the certificates required by this section.

(l) In any action subject to subdivision (e), a defendant shall be named by “Doe” designation in any pleadings or papers filed in the action until there has been a showing of corroborative fact as to the charging allegations against that defendant.

(m) At any time after the action is filed, the plaintiff may apply to the court for permission to amend the complaint to substitute the name of the defendant or defendants for the fictitious designation, as follows:

(1) The application shall be accompanied by a certificate of corroborative fact executed by the attorney for the plaintiff. The certificate shall declare that the attorney has discovered one or more facts corroborative of one or more of the charging allegations against a defendant or defendants, and shall set forth in clear and concise terms the nature and substance of the corroborative fact. If the corroborative fact is evidenced by the statement of a witness or the contents of a document, the certificate shall declare that the attorney has personal knowledge of the statement of the witness or of the contents of the document, and the identity and location of the witness or document shall be included in the certificate. For purposes of this section, a fact is corroborative of an allegation if it confirms or supports the allegation. The opinion of any mental health practitioner concerning the plaintiff shall not constitute a corroborative fact for purposes of this section.

(2) If the application to name a defendant is made before that defendant’s appearance in the action, neither the application nor the certificate of corroborative fact by the attorney shall be served on the defendant or defendants, nor on any other party or their counsel of record.

(3) If the application to name a defendant is made after that defendant’s appearance in the action, the application shall be served on all parties and proof of service provided to the court, but the certificate of corroborative fact by the attorney shall not be served on any party or their counsel of record.

(n) The court shall review the application and the certificate of corroborative fact in camera and, based solely on the certificate and any reasonable inferences to be drawn from the certificate, shall, if one or more facts corroborative of one or more of the charging allegations against a defendant has been shown, order that the complaint may be amended to substitute the name of the defendant or defendants.

(o) The court shall keep under seal and confidential from the public and all parties to the litigation, other than the plaintiff, any and all certificates of corroborative fact filed pursuant to subdivision (m).

(p) Upon the favorable conclusion of the litigation with respect to any defendant for whom a certificate of merit was filed or for whom a certificate of merit should have been filed pursuant to this section, the court may, upon the motion of a party or upon the court’s own motion, verify compliance with this section by requiring the attorney for the plaintiff who was required by subdivision (f) to execute the certificate to reveal the name, address, and telephone number of the person or persons consulted with pursuant to subdivision (f) that were relied upon by the attorney in preparation of the certificate of merit. The name, address, and telephone number shall be disclosed to the trial judge in camera and in the absence of the moving party. If the court finds there has been a failure to comply with this section, the court may order a party, a party’s attorney, or both, to pay any reasonable expenses, including attorney’s fees, incurred by the defendant for whom a certificate of merit should have been filed.

(q) This section applies to any claim in which the childhood sexual assault occurred on and after January 1, 2024. Notwithstanding any other law, a claim for damages based on conduct described in paragraphs (1) to (3), inclusive, of subdivision (a), in which the childhood sexual assault occurred on or before December 31, 2023, may only be commenced pursuant to the applicable statute of limitations set forth in existing law as it read on December 31, 2023.

(r) Notwithstanding any other law, including Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code, a claim for damages described in paragraphs (1) to (3), inclusive, of subdivision (a), is not required to be presented to any government entity prior to the commencement of an action.

(s) Any action filed pursuant to paragraph (2) or (3) of subdivision (a) that results in a dismissal without prejudice shall not be refiled if five years or more have passed from the original filing date of such action.

SEC. 4.

Section 340.11 of the Code of Civil Procedure is amended to read:

340.11.

(a) (1) Notwithstanding Section 340.1, in an action for recovery of damages suffered as a result of childhood sexual assault that occurred before January 1, 2024, the time for commencement of the action shall be within 22 years of the date the plaintiff attains the age of majority or within three years of the date the plaintiff discovers or reasonably should have discovered that psychological injury or illness occurring after the age of majority was caused by the sexual assault, whichever period expires later, for any of the following actions:

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

(B) 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.

(C) 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.

(2) Notwithstanding paragraph (1) or Section 340.1, in an action for recovery of damages suffered as a result of childhood sexual assault that occurred before January 1, 2024, involving an act that would have been proscribed by Sections 311.1 or 311.2 of the Penal Code, the time for commencement of the action shall be within 22 years of the date the plaintiff attains the age of majority or within 10 years of the date the plaintiff discovers or reasonably should have discovered, after the age of majority, the existence of obscene matter, for any of the actions identified in subparagraphs (A) to (C), inclusive, of paragraph (1).

(2) For purposes of this subdivision, a “cover up” is a concerted effort to hide evidence relating to childhood sexual assault.

(3) This subdivision shall not apply to a defendant that is a public entity.

(c) An action described in subparagraph (B) or (C) of paragraph (1) of subdivision (a) shall not be commenced on or after the plaintiff’s 40th birthday unless the person or entity knew or had reason to know, or was otherwise on notice, of any misconduct that creates a risk of childhood sexual assault by an employee, volunteer, representative, or agent, or the person or entity failed to take reasonable steps or to implement reasonable safeguards to avoid acts of childhood sexual assault.

(d) “Childhood sexual assault” as used in this section includes any act committed against the plaintiff that occurred when the plaintiff was under 18 years of age 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 287 or of former Section 288a of the Penal Code; subdivision (h), (i), or (j) of Section 289 of the Penal Code; subdivision (a) of Section 311.1 of the Penal Code; subdivisions (b) to (d), inclusive, of Section 311.2 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.

(e) 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.

(f) Every plaintiff 40 years of age or older at the time the action is filed shall file certificates of merit as specified in subdivision (g).

(g) Certificates of merit setting forth the facts that support the declaration shall be executed by the attorney for the plaintiff and by a licensed mental health practitioner selected by the plaintiff declaring, respectively, as follows:

(1) The certificate of merit executed by the plaintiff’s attorney shall declare both of the following:

(A) That the attorney is licensed to practice law in California and is in good standing with the State Bar.

(2) The certificate of merit executed by the licensed mental health practitioner shall declare all of the following:

(A) That the mental health practitioner consulted is licensed to practice and practices in this state and is not a party to the action, that

(B) That the practitioner is not treating and has not treated the plaintiff, and that

(3) That the attorney was unable to obtain the consultation required by paragraph (1) because a statute of limitations would impair the action and that the certificates required by paragraphs (1) and (2) could not be obtained before the impairment of the action. If a certificate is executed pursuant to this paragraph, the certificates required by paragraphs (1) and (2) shall be filed within 60 days after filing the complaint.

(h) If certificates are required pursuant to subdivision (f), the attorney for the plaintiff shall execute a separate certificate of merit for each defendant named in the complaint.

(i) In any action subject to subdivision (f), a defendant shall not be served, and the duty to serve a defendant with process does not attach, until the court has reviewed the certificates of merit filed pursuant to subdivision (g) with respect to that defendant, and has found, in camera, based solely on those certificates of merit, that there is reasonable and meritorious cause for the filing of the action against that defendant. At that time, the duty to serve that defendant with process shall attach.

(j) A violation of this section may constitute unprofessional conduct and may be the grounds for discipline against the attorney.

(k) (1) The certificates required by this section shall be filed concurrently with the complaint.

(2) The court clerk shall not accept for filing a complaint that lacks the certificates required by this section.

(l) In any action subject to subdivision (f), a defendant shall be named by “Doe” designation in any pleadings or papers filed in the action until there has been a showing of corroborative fact as to the charging allegations against that defendant.

(p) Upon the favorable conclusion of the litigation with respect to any defendant for whom a certificate of merit was filed or for whom a certificate of merit should have been filed pursuant to this section, the court may, upon the motion of a party or upon the court’s own motion, verify compliance with this section by requiring the attorney for the plaintiff who was required by subdivision (g) to execute the certificate to reveal the name, address, and telephone number of the person or persons consulted with pursuant to subdivision (g) that were relied upon by the attorney in preparation of the certificate of merit. The name, address, and telephone number shall be disclosed to the trial judge in camera and in the absence of the moving party. If the court finds there has been a failure to comply with this section, the court may order a party, a party’s attorney, or both, to pay any reasonable expenses, including attorney’s fees, incurred by the defendant for whom a certificate of merit should have been filed.

(q) Notwithstanding any other law, a claim for damages described in subparagraphs (A) to (C), inclusive, of paragraph (1) of subdivision (a) that has not been litigated to finality and that would otherwise be barred as of January 1, 2020, because the applicable statute of limitations, claim presentation deadline, or any other time limit had expired, is revived, and these claims may be commenced within three years of January 1, 2020. A plaintiff shall have the later of the three-year time period under this subdivision or the time period under subdivision (a) as amended by the act that added this subdivision.

(r) The changes made to the time period under subdivision (a) of Section 340.1 by Chapter 861 of the Statutes of 2019 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.

(s) Notwithstanding any other law, including Chapter 1 of Part 3 of Division 3.6 of Title 1 of the Government Code (commencing with Section 900) and Chapter 2 of Part 3 of Division 3.6 of Title 1 of the Government Code (commencing with Section 910), a claim for damages described in paragraphs (1) to (3), inclusive, of subdivision (a), is not required to be presented to any government entity prior to the commencement of an action.

SEC. 5.

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

340.12.

(a) (1) In addition to the requirements prescribed by Section 340.11, a plaintiff who files an action against a public entity on or after January 1, 2026, pursuant to subparagraph (B) or (C) of paragraph (1) of subdivision (a) of Section 340.11, at the age of 40 years of age or older, shall prove both of the following claims by clear and convincing evidence:

(A) That the public entity knew of misconduct that resulted in childhood sexual assault by an employee, volunteer, representative, or agent, and the public entity failed to take reasonable steps or to implement reasonable safeguards to avoid acts of childhood sexual assault.

(B) That the public entity negligently discharged a mandatory duty.

(2) The burden of proof set forth in paragraph (1) shall not apply to an action if a judgment has been entered or is subject to a final settlement.

(b) If the plaintiff is 40 years of age or older at the time of the filing of the action, the court shall consider the following factors when evaluating any motion for remittitur:

(1) The mission of the public entity to provide public services and how the damages may impact that entity’s mission given its economic status.

(2) Whether the amount awarded is compensatory for the plaintiff’s harm.

(3) Whether the amount awarded is acting as a substitute for or functional equivalent of punitive damages.

(4) The severity of the harm to the plaintiff.

(5) The egregiousness of the defendant’s conduct.

(c) If the plaintiff is 40 years of age or older at the time of the filing of the action, a court retains the ability to issue a remittitur that conditions affirmance of the judgment on the plaintiff’s consent to a reduction to the judgment.

(d) A public entity may elect for the court to structure any damages awarded against the public entity so that the damages are paid over time.

SEC. 6.

Section 864 of the Code of Civil Procedure is amended to read:

864.

(a) For purposes of this chapter, bonds, warrants, contracts, obligations, and evidences of indebtedness shall be deemed to be in existence upon their authorization. Bonds and warrants shall be deemed authorized as of the date of adoption by the governing body of the public agency of a resolution or ordinance authorizing their issuance, and contracts shall be deemed authorized as of the date of adoption by the governing body of the public agency of a resolution or ordinance approving the contract and authorizing its execution.

(b) (1) (A) Each tort action judgment or settlement agreement and the related bonds, bond related documents, credit reimbursement, or other agreement shall be deemed to be in existence as of the date of adoption by a public agency’s governing body of such resolution or ordinance, without regard to any of the following:

(i) When a party files a tort action or the court enters a final judgment therein.

(ii) When the public agency enters into a settlement agreement.

(iii) Whether the effectiveness of a settlement agreement entered into by the public agency is contingent on any condition precedent, including, but not limited to, a determination on the validity of bonds pursuant to this chapter.

(B) Subparagraph (A) applies when determining either of the following:

(i) The validity pursuant to this chapter of any issuance or proposed issuance of refunding bonds pursuant to Articles 10 (commencing with Section 53570) and 11 (commencing with Section 53580) of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code, or any other law, to finance or refinance one or more tort action judgment or settlement.

(ii) The validity of any proceeding taken or proposed to be taken in a resolution or ordinance adopted by a public agency’s governing body for the authorization, issuance, sale, and delivery of the bonds, including any contracts or agreements providing for the issuance, security or payment of the bonds, or the use of proceeds of the bonds, and any credit reimbursement or other agreement entered into or to be entered into in connection therewith.

(C) Notwithstanding subparagraph (A), bond proceeds validated pursuant to this chapter shall not be used to fund a judgment or settlement agreement before the court orders the judgment against the public agency or the public agency enters into the settlement agreement and it is effective, as applicable.

(2) This subdivision applies to actions brought pursuant to this chapter to determine the validity of any issuance or proposed issuance of bonds to finance or refinance any of the following:

(A) One or more tort judgments that have not yet been entered against the public agency by the applicable court.

(B) One or more tort settlement agreements that have not yet been entered into by the public agency.

(C) One or more tort settlement agreements entered into by the public agency whose effectiveness is contingent on any condition precedent.

(3) For purposes of this subdivision, “tort action judgment or settlement” includes both of the following:

(A) A judgment entered against a public agency by one or more state or federal courts.

(B) A tort action settlement agreement entered into by a public agency.

SEC. 7.

Section 1038 of the Code of Civil Procedure is amended to read:

1038.

(a) (1) In any civil proceeding under the Government Claims Act (Division 3.6 (commencing with Section 810) of Title 1 of the Government Code) or for express or implied indemnity or for contribution in any civil action, the court, upon motion of the defendant or cross-defendant, shall determine if the plaintiff, petitioner, cross-complainant, or intervenor brought the proceeding with reasonable cause and in the good faith belief that there was a justifiable controversy under the facts and law which warranted the filing of the complaint, petition, cross-complaint, or complaint or answer in intervention.

(2) In an action filed on behalf of multiple plaintiffs, a motion under this section by the defendant or cross-defendant shall identify the specific plaintiffs for which a determination is sought.

(3) The court shall make the determination pursuant to paragraph (1) at the time that an objection by demurrer is sustained without leave to amend as to all causes of action alleged against the defendant or cross-defendant, or at the time that a motion for summary judgment, motion for judgment on the pleadings, motion for directed verdict, motion for judgment under Section 631.8, or any motion for nonsuit dismissing the moving party other than the plaintiff, petitioner, cross-complainant, or intervenor is granted, or at a later time set forth by rule of the Judicial Council adopted under Section 1034.

(4) If the court determines that the proceeding was not brought in good faith and with reasonable cause by the plaintiffs specified pursuant to paragraph (2), an additional issue shall be decided as to the defense costs reasonably and necessarily incurred by the party or parties opposing the proceeding, and the court shall render judgment in favor of that party or their attorneys as against the plaintiff, petitioner, cross-complainant, or intervenor, or their attorneys, in the amount of all reasonable and necessary defense costs, in addition to those costs normally awarded to the prevailing party.

(5) An award of defense costs under this section shall not be made except on notice contained in a party’s papers and an opportunity to be heard. An attorney against whom defense costs are awarded under this section shall not charge the client for those defense costs as a litigation cost or expense.

(b) “Defense costs,” as used in this section, shall include reasonable attorney’s fees, expert witness fees, the expense of services of experts, advisers, and consultants in defense of the proceeding, and where reasonably and necessarily incurred in defending the proceeding.

(c) This section shall be applicable only on motion made before the discharge of the jury or entry of judgment, and any party requesting the relief pursuant to this section waives any right to seek damages for malicious prosecution. Failure to make the motion shall not be deemed a waiver of the right to pursue a malicious prosecution action.

(d) This section shall only apply if the defendant or cross-defendant has made an objection by demurrer, motion for summary judgment, motion for judgment on the pleadings, judgment under Section 631.8, directed verdict, or nonsuit and the demurrer is sustained without leave to amend as to all causes of action alleged against that defendant or the motion is granted as to one or more plaintiffs.

SEC. 8.

Chapter 5 (commencing with Section 14560) is added to Part 9 of Division 1 of Title 1 of the Education Code, to read:

CHAPTER 5. Election to Participate in Intercept

14560.

For purposes of this section, the following definitions apply:

(a) “Participating party” means a school district, county office of education, community college district, or educational joint powers authority.

(b) “Public debt obligation” means a debt incurred by a participating party for any reason, including tort liability, and includes, but is not limited to, a general obligation bond, lease financing, tax and revenue anticipation note, and bond anticipation note.

14561.

(a) Notwithstanding any other law, a participating party, in connection with securing financing, refinancing, or refunding of a public debt obligation may, in accordance with this section, elect to provide for funding, in whole or in part, payments on the public debt obligation.

(b) To participate under this section, the participating party shall do all of the following:

(1) Elect to participate in a state intercept or local intercept, or both, by an action of its governing board taken in compliance with the rules of that governing board. For a local intercept, the participating party shall send to the county treasurer, or other appropriate county fiscal officer, a request for the county to participate. A county is not required to participate. A county may agree to participate as evidenced by an agreement among the participating party or parties, the county, and the issuer of the public debt obligation.

(2) Provide written notice to the Controller and the Superintendent, with respect to a state intercept, or to the county treasurer or other appropriate county fiscal officer, with respect to a local intercept, no later than the date of the issuance of the public debt obligation or 60 days before the next payment, whichever is later, of all of the following:

(A) Its election to participate.

(B) A schedule of the payments subject to that election.

(D) (i) Payment delivery instructions, which may be by wire transfer or other method approved by the Controller or county treasurer or other appropriate county fiscal officer, as applicable.

(ii) If the method of payment delivery is wire transfer, the participating party shall complete and submit the appropriate authorization form as prescribed by the Controller or the county treasurer or other appropriate county fiscal officer, as applicable.

(c) The participating party may amend, supplement, or restate the notice required pursuant to paragraph (2) of subdivision (b) for any reason, including, but not necessarily limited to, providing for new or increased payments. The participating party shall certify in the notice and in any amendment, supplement, or restatement of the notice that each and every payment reflected in the schedule is a payment described in subdivision (a) and the amounts scheduled do not exceed the actual or reasonably estimated payment obligations to be funded pursuant to this section. The participating party shall also represent in the notice that it is not submitting the notice for the purpose of accelerating a participating party’s receipt of its apportionments. This section does not prohibit transfer by the recipient of an apportionment under this section to the participating party submitting the notice of the excess apportionment above the amount needed to fund actual payments where the excess resulted from erroneous estimation of scheduled payments or otherwise.

(d) Upon receipt of the notice required by paragraph (2) of subdivision (b), the Controller shall make an apportionment to the indicated recipient on the date, or during the period, shown in the schedule in accordance with all of the following:

(1) If the participating party requests transfers in full as scheduled, in the amount of the scheduled transfer or whatever lesser amount is available from the sources described in subdivision (e).

(2) If the participating party does not request transfers in full as scheduled, in the amount of the anticipated deficiency for the purpose of making the required payment indicated in a written request of the participating party to the Controller and in the amount of the actual shortfall in payment indicated in a written request of the recipient or the participating party to the Controller or whatever lesser amount is available from the sources described in subdivision (e).

(3) To the extent funds available for an apportionment are insufficient to pay the amount set forth in a schedule in any period, the Controller shall, if and as requested in the notice, reschedule the payment of all or a portion of the deficiency to a subsequent period.

(4) In making apportionments under this section, the Controller may rely conclusively and without liability on any notice or request delivered under this section. The Controller may make, but is not obligated to make, apportionments not reflected on a notice or on an amended, supplemented, or restated notice delivered under this section that the Controller receives less than 20 days before when the apportionment would otherwise be required.

(e) The Controller shall make an apportionment under this section only from moneys designated for apportionment to the participating party delivering the notice, and only from one or more of the following:

(1) Any funding apportioned by the state for purposes of the local control funding formula pursuant to Section 42238.02, as implemented by Section 42238.03, or state categorical or grant programs, to a school district without regard to the specific funding source of the apportionment.

(2) Any funding apportioned by the state for purposes of the local control funding formula pursuant to Section 2574 or state categorical or grant programs, to a county superintendent of schools without regard to the specific funding source of the apportionment.

(3) Any funding apportioned by the state for purposes of community college apportionments pursuant to Sections 84750.4 and 84750.5, or state categorical or grant programs, to a community college district without regard to the specific funding source of the apportionment.

(4) Any funding apportioned by the state to an educational joint powers authority without regard to the specific funding source of the apportionment.

(f) Upon receipt of the notice required by paragraph (2) of subdivision (b), a county treasurer or other appropriate county fiscal officer shall make an apportionment or revenue transfer to the indicated recipient on the date, or during the period, shown in the schedule in accordance with all of the following:

(1) If the participating party requests transfers in full as scheduled, in the amount of the scheduled transfer or whatever lesser amount is available from the sources described in subdivision (g).

(2) If the participating party does not request transfers in full as scheduled, in the amount of the anticipated deficiency for the purpose of making the required payment indicated in a written request of the participating party to the county treasurer or other appropriate county fiscal officer and in the amount of the actual shortfall in payment indicated in a written request of the recipient or the participating party to the county treasurer or other appropriate county fiscal officer or whatever lesser amount is available from the sources described in subdivision (g).

(3) To the extent funds available for an apportionment or revenue transfer are insufficient to pay the amount set forth in a schedule in any period, the county treasurer or other appropriate county fiscal officer shall, if and as requested in the notice, reschedule the payment of all or a portion of the deficiency to a subsequent period.

(4) In making apportionments under this section, the county treasurer or other appropriate county fiscal officer may rely conclusively and without liability on any notice or request delivered under this section. The county treasurer or other appropriate county fiscal officer may make, but is not obligated to make, apportionments or revenue transfers not reflected on a notice or on an amended, supplemented, or restated notice delivered under this section that the county treasurer or other appropriate county fiscal officer receives less than 20 days before when the apportionment would otherwise be required.

(g) The county treasurer or other appropriate county fiscal officer shall make an apportionment or revenue transfer under this section only from moneys designated for apportionment to the participating party delivering the notice, and only from one or more of the following:

(1) Any funding apportioned or administered by a county for purposes of the local control funding formula pursuant to Section 42238.02, as implemented by Section 42238.03, to a school district without regard to the specific funding source of the apportionment.

(2) Any funding apportioned or administered by a county for purposes of the local control funding formula pursuant to Section 2574 to a county superintendent of schools without regard to the specific funding source of the apportionment.

(3) Any funding apportioned or administered by a county for purposes of community college apportionments pursuant to Sections 84750.4 and 84750.5 to a community college district without regard to the specific funding source of the apportionment.

(4) Any funding apportioned or administered by a county to an educational joint powers authority without regard to the specific funding source of the apportionment.

(h) (1) The amount apportioned for a participating party pursuant to this section shall be deemed to be an allocation to the participating party, and shall be included in the computation of allocation, limit, entitlement, or apportionment for the participating party.

(2) The participating party and its creditors do not have a claim to funds apportioned or anticipated to be apportioned by the Controller or the county treasurer or appropriate county fiscal officer, as applicable, pursuant to this section.

(i) This section does not make the State of California liable for any payments within the meaning of Section 1 of Article XVI of the California Constitution.

(j) A school district or educational joint powers authority that has a qualified or negative certification pursuant to Section 42131, or a county office of education that has a qualified or negative certification pursuant to Section 1240, may only participate under this section to intercept payments for indebtedness for which the repayment is determined to be probable pursuant to Section 42133.

(k) This section does not obligate the State of California to make available the sources of apportionment under subdivision (e) or a county to make available the sources of apportionment under subdivision (g) in any amount or at any time or, except as provided in this section, to fund any payment described in this section. This subdivision is intended solely to clarify existing law.

SEC. 9.

Section 41320 of the Education Code is amended to read:

41320.

As a condition to any emergency apportionment to be made pursuant to Section 41320.2, the following requirements shall be met:

(a) The school district requesting the apportionment shall submit to the county superintendent of schools having jurisdiction over the school district a report issued by an independent auditor approved by the county superintendent of schools on the financial conditions and budgetary controls of the school district, a written management review conducted by a qualified management consultant approved by the county superintendent of schools, and a fiscal plan adopted by the governing board to resolve the financial problems of the school district.

(b) The county superintendent of schools shall review, and provide written comment on, the independent auditor’s report, the management review, and the school district plan. That written comment shall include the county superintendent’s approval or disapproval of the school district plan. In the event the county superintendent disapproves the plan, the governing board shall revise the school district plan to respond to the concerns expressed by the county superintendent.

(c) Upon their approval of the school district plan, the county superintendent of schools shall submit copies of the report, review, plan, and written comments specified in subdivision (b) to the Superintendent, the Joint Legislative Audit Committee, the Joint Legislative Budget Committee, the Director of Finance, the president of the state board or their designee, and the Controller.

(d) The school district receiving the apportionment shall be eligible for assistance from the California Collaborative for Educational Excellence pursuant to Section 52074.

(e) The county superintendent of schools, with the concurrence of the Superintendent, shall certify to the Director of Finance that the action taken to correct the financial problems of the school district is realistic and will result in placing the school district on a sound financial basis.

(f) In consultation with the county superintendent of schools and the County Office Fiscal Crisis and Management Assistance Team, the school district shall develop a schedule to repay the emergency loan, including any lease financing pursuant to Article 2.7 (commencing with Section 41329.50), and submit it to the county superintendent of schools. The county superintendent of schools shall review and comment on the repayment schedule and submit it to the Department of Finance for approval or disapproval. Upon the approval of the repayment schedule, and of the other reports, reviews, plans, and the appointment of the trustee required by this article, the Superintendent shall request the Controller to disburse the proceeds of the emergency loan to the school district.

(g) The school district requesting the apportionment shall reimburse the county superintendent of schools for the costs incurred by the superintendent pursuant to this section.

SEC. 10.

Section 41329.52 of the Education Code is amended to read:

41329.52.

(a) A school district may receive a two-part financing designed to provide an advance of apportionments owed to the district from the State School Fund and the Education Protection Account.

(b) The initial emergency apportionment shall be an interim loan from the General Fund to the school district. General Fund money shall not be advanced to a school district until that district agrees to obtain a lease financing as described in subdivision (c) and the bank adopts a reimbursement resolution governing the lease financing. The interim loan shall be repaid in full, with interest, from the proceeds of the lease financing pursuant to subdivision (c) at a time mutually agreed upon between the Department of Finance and the bank. The interest rate on the interim loan shall be the rate earned by moneys in the Pooled Money Investment Account as of the date of the initial disbursement of emergency apportionments to the school district.

(c) The school district shall enter into a lease financing with the bank for the purpose of financing the emergency apportionment, including a repayment to the General Fund of the amount advanced pursuant to subdivision (b). In addition to the emergency apportionment, the lease financing may include funds necessary for reserves, capitalized interest, credit enhancements, and costs of issuance. The bank shall issue bonds for that purpose pursuant to the powers granted pursuant to the Bergeson-Peace Infrastructure and Economic Development Bank Act as set forth in Division 1 (commencing with Section 63000) of Title 6.7 of the Government Code. The term of the lease shall not exceed 30 years, except that if at the end of the lease term any rent payable is not fully paid, or if the rent payable has been abated, the term of the lease shall be extended for a period not to exceed 10 years. The determination of the term of the lease shall be made by the Department of Finance, in consultation with the school district, the county superintendent of schools, the Superintendent, and the County Office Fiscal Crisis and Management Assistance Team. The determination shall take into consideration the amount of the lease, the school district’s realistic ability to meet the annual repayment obligation, the school district’s educational program and service needs, and the conditions established in Section 41320 and subdivision (a) of Section 41326.

SEC. 11.

Section 41329.53 of the Education Code is amended to read:

41329.53.

(a) As an alternative to the lease financing pursuant to Section 41329.52, a school district may receive an emergency apportionment from the General Fund designed to provide an advance of apportionments owed to the district from the State School Fund and the Education Protection Account. The calculation of the amount of the apportionment, including implied costs, and the interest rate shall be calculated pursuant to subdivision (c). Each year the Superintendent shall withhold from the apportionments to be made to the school district from the State School Fund and the Education Protection Account an amount equal to the emergency apportionment repayment that becomes due in the year.

(b) The emergency apportionment shall be repaid within 30 years. The determination of the term for repayment of the emergency apportionment shall be made by the Department of Finance, in consultation with the school district, the county superintendent of schools, the Superintendent, and the County Office Fiscal Crisis and Management Assistance Team. The determination shall take into consideration the amount of the emergency apportionment, the school district’s realistic ability to meet the annual repayment obligation, the school district’s educational program and service needs, and the conditions established in Section 41320 and subdivision (a) of Section 41326.

(c) The determination by statute as to whether the emergency apportionment shall take the form of lease financing pursuant to Section 41329.52 or an emergency apportionment from the General Fund pursuant to this section shall be based upon the availability of funds within the General Fund and not on any cost differential between the two financing mechanisms. To ensure that the two alternatives are cost neutral, if the statute does not authorize a lease financing, the bank shall commission a cost study from financial advisers under contract with the bank to determine the interest rate, costs of issuance, and if it is more cost effective, credit enhancement costs likely if the financing was a lease financing rather than an emergency apportionment from the General Fund. These implied lease costs shall be included as the fixed interest rate on the repayment of the emergency apportionment to the General Fund, repayable over the term for repayment of the emergency apportionment.

SEC. 12.

Section 50035 is added to the Government Code, to read:

50035.

(a) It is the intent of the Legislature to ensure that public entities serving minors take active measures to prevent violence against, and the sexual assault or exploitation of, minors under their care or custody.

(b) (1) On or before December 1, 2027, a local governmental body and a local educational agency shall each do both of the following:

(A) Adopt codes of conduct and a sexual assault prevention plan that promote a safe environment for minors, consistent with the legislative intent specified in subdivision (a), and that do all of the following:

(i) Explicitly address professional boundaries between employees and adult volunteers and minors, among and between minors, and among and between adults who are employed by, volunteering at, or under contract with the local governmental body or local educational agency.

(ii) Establish appropriate limits on contact during or outside of normal hours of operation between minors and employees, volunteers, and contractors via social media internet platforms, text messaging, and other forms of communication that do not otherwise include the minor’s parent, legal guardian, or caregiver. The policies may vary the limitations based on the age, developmental level, or grade of the minor.

(B) Adopt written policies, plans, or specifications outlining how grooming and sexual abuse concerns and risks will be reported.

(2) A school district shall ensure school safety plans adopted pursuant to Section 32282 of the Education Code are consistent with policies developed pursuant to this section.

(c) The codes of conduct required by subdivision (b) shall include specific sections for public entity employees as defined in paragraphs (1), (2), (3), (13), (15), (17), (18), (19), (20), (26), (27), (28), (34), (36), (37)¸and (42) of, or subparagraph (A) of paragraph (31) of, subdivision (a) of Section 11165.7 of the Penal Code.

(d) (1) On or before January 1, 2028, a local governmental body shall submit a copy of its codes of conduct adopted pursuant to paragraph (1) of subdivision (a) to the Attorney General.

(2) If a local governmental body fails to submit a copy of its codes of conduct pursuant to this subdivision, the Attorney General shall issue a provisional notice of a violation and provide the local governmental body with 90 days to comply.

(3) If a local governmental body or local educational agency has not met the requirements of subdivision (b), the Attorney General may begin an investigation of any local governmental body or local educational agency that has not complied with the requirements of this subdivision. The investigation shall include, but not be limited to, all of the following:

(A) How the local governmental body or local educational agency prevents sexual assault or exploitation of minors under their care and custody, and promotes a safe environment for minors.

(B) How the local governmental body or local educational agency ensures professional boundaries between public employees and adult volunteers and minors, among and between minors, and among and between adults who are employed by, volunteering at, or under contract with the local governmental body or local educational agency.

(e) For purposes of local educational agency compliance with this article, commencing with the Guide for Annual Audits of K-12 Local Educational Agencies and State Compliance Reporting for the 2027–28 fiscal year, the Controller shall include instructions necessary to enforce the requirements set forth in this article, as required by Section 14502.1 of the Education Code. The Controller’s instructions shall require the auditor to notify the Attorney General if there is an audit finding of noncompliance with subdivision (b).

(f) On or before January 1, 2029, the Attorney General shall issue a report to the relevant policy committees of the Legislature that shall include, but not be limited to, all of the following:

(1) Each local governmental body or local educational agency that has complied with the requirements prescribed by subdivision (d), if applicable.

(2) Each local governmental body or local educational agency that has not complied with the requirements prescribed by subdivision (d), if applicable.

(3) Each local governmental body or local educational agency that is under investigation pursuant to paragraph (2) of subdivision (d).

(g) For purposes of this section, if a local governmental body or local educational agency is licensed or certified by a state agency to provide care or services to minors, the codes of conduct required under subdivision (b) shall not supersede the state laws or regulations enforced by the licensing or certifying agency.

(h) For purposes of this section, the following terms have the following meanings:

(1) “Local governmental body” means a legislative body of a city, county, or city and county.

(2) “Local educational agency” has the same meaning as defined in paragraph (2) of subdivision (h) of Section 44052 of the Education Code.

SEC. 13.

Section 1526.76 is added to the Health and Safety Code, to read:

1526.76.

(a) The department shall require licensed facilities to incorporate the best practices identified in Section 16500.2 of the Welfare and Institutions Code into a program statement, which shall be reviewed during regular licensing visits.

(b) On or before July 1, 2029, the department shall ensure that any children’s residential facilities, as defined in subdivision (a) of Section 1534.2, have program statements that address responses to reports of sexual abuse, grooming, sexual exploitation, trafficking, retaliation, or interference when sexual abuse is alleged or suspected.

(1) “Exploitation” means the same as described in paragraph (4) of subdivision (b) of Section 300 of the Welfare and Institutions Code.

(2) “Grooming” means the same as defined in subdivision (c) of Section 11165.7 of the Penal Code.

(3) “Retaliation” means the same as defined in paragraph (3) of subdivision (f) of Section 1534.2.

(4) “Sexual abuse” means the same as defined in Section 11165.1 of the Penal Code.

(5) “Trafficking” means the same as defined in Section 7102 of Title 22 of the United States Code.

SEC. 14.

Section 1534.2 is added to the Health and Safety Code, to read:

1534.2.

(a) For purposes of this section, “children’s residential facility” means a licensed children’s residential facility or approved resource family of a foster family agency under the California Community Care Facilities Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code).

(b) The department shall place a children’s residential facility on enhanced monitoring for not less than 12 months if there are two or more credible allegations within a 12-month period or one substantiated allegation involving sexual abuse, grooming, sexual exploitation, or retaliation.

(d) (1) Enhanced monitoring shall include all of the following:

(A) Unannounced inspections at intervals determined by the department based on heightened risk to minors, but no less frequently than once annually.

(B) Confidential youth interviews when youth are present and willing to participate.

(D) Review of prior complaints and corrective action.

(E) Verification that corrective action has been implemented.

(F) Any additional action necessary to protect the health, safety, welfare, and rights of children and nonminor dependents.

(G) Verification of the implementation of a program statement required by Section 1526.76.

(2) Enhanced monitoring may include assessment of facility practices related to any of the following:

(A) Prevention of sexual abuse.

(B) Prevention of grooming.

(D) Prevention of trafficking.

(E) Anti-retaliation policies.

(F) Interference with reporting.

(G) Failure to report.

(H) Youth access to confidential reporting.

(I) Staff supervision.

(J) Transportation.

(K) Overnight supervision.

(L) Placement disruption following reports of abuse or unsafe conditions.

(M) Youth awareness of and access to the Office of the State Foster Care Ombudsperson.

(e) This section shall not be construed to limit the department’s authority to conduct additional inspections, issue citations or civil penalties, require corrective action, exclude individuals, suspend or revoke a license, or take any other action authorized by law.

(f) For the purposes of this section, the following terms have the following meanings:

(1) “Exploitation” means the same as described in paragraph (4) of subdivision (b) of Section 300 of the Welfare and Institutions Code.

(2) “Grooming” means the same as defined in subdivision (c) of Section 11165.7 of the Penal Code.

(3) “Retaliation” includes, but is not limited to, isolation, threats, physical harm, placement disruption, administrative review of any placement change, disciplinary action, or loss of privileges in response to a child or youth who reports, witnesses, or is believed to have reported sexual abuse, grooming, exploitation, trafficking, or unsafe conditions.

(4) “Sexual abuse” means the same as defined in Section 11165.1 of the Penal Code.

(5) “Trafficking” means the same as defined in Section 7102 of Title 22 of the United States Code.

(g) The department shall consult with stakeholders to develop guidance to implement this section.

(h) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this section by means of all-county letters, written directives, interim licensing standards, or similar written instructions from the department until regulations are adopted. These all-county letters, written directives, interim licensing standards, or similar written instructions shall have the same force and effect as regulations until the adoption of regulations.

(i) This section shall become operative on July 1, 2028.

SEC. 15.

Section 1534.3 is added to the Health and Safety Code, to read:

1534.3.

(a) The department, by January 10, 2028, and each year thereafter, shall update the Legislature concerning sexual safety in children’s residential facilities. The update shall include data regarding complaints, investigations, licensing citations, civil penalties, staff exclusions, and enhanced monitoring.

(b) The department shall make the annual reports to the Legislature available on its public internet website.

SEC. 16.

Section 832.7 of the Penal Code is amended to read:

832.7.

(a) Except as provided in subdivision (b), the personnel records of peace officers and custodial officers and records maintained by a state or local agency pursuant to Section 832.5, or information obtained from these records, are confidential and shall not be disclosed in any criminal or civil proceeding except by discovery pursuant to Sections 1043 and 1046 of the Evidence Code. This section does not apply to investigations or proceedings concerning the conduct of peace officers or custodial officers, or an agency or department that employs those officers, conducted by a grand jury, a district attorney’s office, the Attorney General’s office, or the Commission on Peace Officer Standards and Training, or a civilian oversight board or commission for a law enforcement agency established pursuant to subdivision (a) of Section 25303.7 of the Government Code or other duly enacted municipal or county ordinance.

(b) (1) Notwithstanding subdivision (a), Section 7923.600 of the Government Code, or any other law, the following peace officer or custodial officer personnel records and records maintained by a state or local agency shall not be confidential and shall be made available for public inspection pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code):

(A) A record relating to the report, investigation, or findings of any of the following:

(i) An incident involving the discharge of a firearm at a person by a peace officer or custodial officer.

(ii) An incident involving the use of force against a person by a peace officer or custodial officer that resulted in death or in great bodily injury.

(iii) A sustained finding involving a complaint that alleges unreasonable or excessive force.

(iv) A sustained finding that an officer failed to intervene against another officer using force that is clearly unreasonable or excessive.

(B) (i) Any record relating to an incident in which a sustained finding was made by any law enforcement agency or oversight agency that a peace officer or custodial officer engaged in sexual assault involving a member of the public.

(ii) As used in this subparagraph, “sexual assault” means the commission or attempted initiation of a sexual act with a member of the public by means of force, threat, coercion, extortion, offer of leniency or other official favor, or under the color of authority. For purposes of this definition, the propositioning for or commission of any sexual act while on duty is considered a sexual assault.

(iii) As used in this subparagraph, “member of the public” means any person not employed by the officer’s employing agency and includes any participant in a cadet, explorer, or other youth program affiliated with the agency.

(C) Any record relating to an incident in which a sustained finding was made by any law enforcement agency or oversight agency involving dishonesty by a peace officer or custodial officer directly relating to the reporting, investigation, or prosecution of a crime, or directly relating to the reporting of, or investigation of misconduct by, another peace officer or custodial officer, including, but not limited to, any false statements, filing false reports, destruction, falsifying, or concealing of evidence, or perjury.

(D) Any record relating to an incident in which a sustained finding was made by any law enforcement agency or oversight agency that a peace officer or custodial officer engaged in conduct, including, but not limited to, verbal statements, writings, online posts, recordings, and gestures, involving prejudice or discrimination against a person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.

(E) Any record relating to an incident in which a sustained finding was made by any law enforcement agency or oversight agency that the peace officer made an unlawful arrest or conducted an unlawful search.

(F) An agreement prohibited by subdivision (e) of Section 13510.9.

(2) Records that are subject to disclosure under clause (iii) or (iv) of subparagraph (A) of paragraph (1), or under subparagraph (D) or (E) of paragraph (1), relating to an incident that occurs before January 1, 2022, shall not be subject to the time limitations in paragraph (11) until January 1, 2023.

(3) Records that shall be released pursuant to this subdivision include all investigative reports; photographic, audio, and video evidence; transcripts or recordings of interviews; autopsy reports; all materials compiled and presented for review to the district attorney or to any person or body charged with determining whether to file criminal charges against an officer in connection with an incident, whether the officer’s action was consistent with law and agency policy for purposes of discipline or administrative action, or what discipline to impose or corrective action to take; documents setting forth findings or recommended findings; and copies of disciplinary records relating to the incident, including any letters of intent to impose discipline, any documents reflecting modifications of discipline due to the Skelly or grievance process, and letters indicating final imposition of discipline or other documentation reflecting implementation of corrective action. Records that shall be released pursuant to this subdivision also include records relating to an incident specified in paragraph (1) in which the peace officer or custodial officer resigned before the law enforcement agency or oversight agency concluded its investigation into the alleged incident.

(4) A record from a separate and prior investigation or assessment of a separate incident shall not be released unless it is independently subject to disclosure pursuant to this subdivision.

(5) If an investigation or incident involves multiple officers, information about allegations of misconduct by, or the analysis or disposition of an investigation of, an officer shall not be released pursuant to subparagraph (B), (C), (D), or (E) of paragraph (1), unless it relates to a sustained finding regarding that officer that is itself subject to disclosure pursuant to this section. However, factual information about that action of an officer during an incident, or the statements of an officer about an incident, shall be released if they are relevant to a finding against another officer that is subject to release pursuant to subparagraph (B), (C), (D), or (E) of paragraph (1).

(6) An agency shall redact a record disclosed pursuant to this section only for any of the following purposes:

(A) To remove personal data or information, such as a home address, telephone number, or identities of family members, other than the names and work-related information of peace and custodial officers.

(B) To preserve the anonymity of whistleblowers, complainants, victims, and witnesses.

(C) To protect confidential medical, financial, or other information of which disclosure is specifically prohibited by federal law or would cause an unwarranted invasion of personal privacy that clearly outweighs the strong public interest in records about possible misconduct and use of force by peace officers and custodial officers.

(D) (i) Where there is a specific, articulable, and particularized reason to believe that disclosure of the record would pose a significant danger to the physical safety of the peace officer, custodial officer, or another person.

(ii) In an action to compel disclosure brought pursuant to Section 7923.000 of the Government Code, in determining whether a redaction made pursuant to clause (i) is appropriate, a court shall consider whether a particular peace officer is currently operating undercover and their duties demand anonymity.

(7) Notwithstanding paragraph (6), an agency may redact a record disclosed pursuant to this section, including personal identifying information, where, on the facts of the particular case, the public interest served by not disclosing the information clearly outweighs the public interest served by disclosure of the information.

(8) An agency may withhold a record of an incident described in paragraph (1) that is the subject of an active criminal or administrative investigation, in accordance with any of the following:

(A) (i) During an active criminal investigation, disclosure may be delayed for up to 60 days from the date the misconduct or use of force occurred or until the district attorney determines whether to file criminal charges related to the misconduct or use of force, whichever occurs sooner. If an agency delays disclosure pursuant to this clause, the agency shall provide, in writing, the specific basis for the agency’s determination that the interest in delaying disclosure clearly outweighs the public interest in disclosure. This writing shall include the estimated date for disclosure of the withheld information.

(ii) After 60 days from the misconduct or use of force, the agency may continue to delay the disclosure of records or information if the disclosure could reasonably be expected to interfere with a criminal enforcement proceeding against an officer who engaged in misconduct or use of force. If an agency delays disclosure pursuant to this clause, the agency shall, at 180-day intervals as necessary, provide, in writing, the specific basis for the agency’s determination that disclosure could reasonably be expected to interfere with a criminal enforcement proceeding. The writing shall include the estimated date for the disclosure of the withheld information. Information withheld by the agency shall be disclosed when the specific basis for withholding is resolved, when the investigation or proceeding is no longer active, or by no later than 18 months after the date of the incident, whichever occurs sooner.

(iii) After 60 days from the misconduct or use of force, the agency may continue to delay the disclosure of records or information if the disclosure could reasonably be expected to interfere with a criminal enforcement proceeding against someone other than the officer who engaged in the misconduct or use of force. If an agency delays disclosure under this clause, the agency shall, at 180-day intervals, provide, in writing, the specific basis why disclosure could reasonably be expected to interfere with a criminal enforcement proceeding, and shall provide an estimated date for the disclosure of the withheld information. Information withheld by the agency shall be disclosed when the specific basis for withholding is resolved, when the investigation or proceeding is no longer active, or by no later than 18 months after the date of the incident, whichever occurs sooner, unless extraordinary circumstances warrant continued delay due to the ongoing criminal investigation or proceeding. In that case, the agency must show by clear and convincing evidence that the interest in preventing prejudice to the active and ongoing criminal investigation or proceeding outweighs the public interest in prompt disclosure of records about misconduct or use of force by peace officers and custodial officers. The agency shall release all information subject to disclosure that does not cause substantial prejudice, including any documents that have otherwise become available.

(iv) In an action to compel disclosure brought pursuant to Section 7923.000 of the Government Code, an agency may justify delay by filing an application to seal the basis for withholding, in accordance with Rule 2.550 of the California Rules of Court, or any successor rule, if disclosure of the written basis itself would impact a privilege or compromise a pending investigation.

(B) If criminal charges are filed related to the incident in which misconduct occurred or force was used, the agency may delay the disclosure of records or information until a verdict on those charges is returned at trial or, if a plea of guilty or no contest is entered, the time to withdraw the plea pursuant to Section 1018.

(C) During an administrative investigation into an incident described in paragraph (1), the agency may delay the disclosure of records or information until the investigating agency determines whether the misconduct or use of force violated a law or agency policy, but no longer than 180 days after the date of the employing agency’s discovery of the misconduct or use of force, or allegation of misconduct or use of force, by a person authorized to initiate an investigation.

(9) A record of a complaint, or the investigations, findings, or dispositions of that complaint, shall not be released pursuant to this section if the complaint is frivolous, as defined in Section 128.5 of the Code of Civil Procedure, or if the complaint is unfounded.

(10) The cost of copies of records subject to disclosure pursuant to this subdivision that are made available upon the payment of fees covering direct costs of duplication pursuant to subdivision (a) of Section 7922.530 of the Government Code shall not include the costs of searching for, editing, or redacting the records.

(11) Except to the extent temporary withholding for a longer period is permitted pursuant to paragraph (8), records subject to disclosure under this subdivision shall be provided at the earliest possible time and no later than 45 days from the date of a request for their disclosure.

(12) (A) For purposes of releasing records pursuant to this subdivision, the lawyer-client privilege does not prohibit the disclosure of either of the following:

(i) Factual information provided by the public entity to its attorney or factual information discovered in any investigation conducted by, or on behalf of, the public entity’s attorney.

(ii) Billing records related to the work done by the attorney so long as the records do not relate to active and ongoing litigation and do not disclose information for the purpose of legal consultation between the public entity and its attorney.

(B) This paragraph does not prohibit the public entity from asserting that a record or information within the record is exempted or prohibited from disclosure pursuant to any other federal or state law.

(13) Notwithstanding subdivision (a) or any other law, an agency that formerly employed a peace officer or custodial officer may, without receiving a request for disclosure, disclose to the public the termination for cause of that officer by that agency for any disclosable incident, including those described in subparagraphs (A) to (E), inclusive, of paragraph (1). Any such disclosure shall be at the discretion of the agency and shall not include any information otherwise prohibited from disclosure. This paragraph is declaratory of existing law.

(c) Notwithstanding subdivisions (a) and (b), a department or agency shall release to the complaining party a copy of the complaining party’s own statements at the time the complaint is filed.

(d) Notwithstanding subdivisions (a) and (b), a department or agency that employs peace or custodial officers may disseminate data regarding the number, type, or disposition of complaints (sustained, not sustained, exonerated, or unfounded) made against its officers if that information is in a form that does not identify the individuals involved.

(e) Notwithstanding subdivisions (a) and (b), a department or agency that employs peace or custodial officers may release factual information concerning a disciplinary investigation if the officer who is the subject of the disciplinary investigation, or the officer’s agent or representative, publicly makes a statement they know to be false concerning the investigation or the imposition of disciplinary action. Information may not be disclosed by the peace or custodial officer’s employer unless the false statement was published by an established medium of communication, such as television, radio, or a newspaper. Disclosure of factual information by the employing agency pursuant to this subdivision is limited to facts contained in the officer’s personnel file concerning the disciplinary investigation or imposition of disciplinary action that specifically refute the false statements made public by the peace or custodial officer or their agent or representative.

(f) (1) The department or agency shall provide written notification to the complaining party of the disposition of the complaint within 30 days of the disposition.

(2) The notification described in this subdivision is not conclusive or binding or admissible as evidence in any separate or subsequent action or proceeding brought before an arbitrator, court, or judge of this state or the United States.

(g) This section does not affect the discovery or disclosure of information contained in a peace or custodial officer’s personnel file pursuant to Section 1043 of the Evidence Code.

(h) This section does not supersede or affect the criminal discovery process outlined in Chapter 10 (commencing with Section 1054) of Title 6 of Part 2, or the admissibility of personnel records pursuant to subdivision (a), which codifies the court decision in Pitchess v. Superior Court (1974) 11 Cal.3d 531.

(i) Nothing in this chapter is intended to limit the public’s right of access as provided for in Long Beach Police Officers Association v. City of Long Beach (2014) 59 Cal.4th 59.

(j) This section shall remain in effect only until January 1, 2028, and as of that date is repealed.

SEC. 17.

Section 832.7 is added to the Penal Code, to read:

832.7.

(a) Except as provided in subdivision (b), the personnel records of peace officers and custodial officers and records maintained by a state or local agency pursuant to Section 832.5, or information obtained from these records, are confidential and shall not be disclosed in any criminal or civil proceeding except by discovery pursuant to Sections 1043 and 1046 of the Evidence Code. This section does not apply to investigations or proceedings concerning the conduct of peace officers or custodial officers, or an agency or department that employs those officers, conducted by a grand jury, a district attorney’s office, the Attorney General’s office, the Division of the Ombudsperson of the Office of Youth and Community Restoration established pursuant to subdivision (d) of Section 2200 of the Welfare and Institutions Code, or the Commission on Peace Officer Standards and Training, or a civilian oversight board or commission for a law enforcement agency established pursuant to subdivision (a) of Section 25303.7 of the Government Code or other duly enacted municipal or county ordinance.