Childhood sexual assault: statute of limitations.
Summary
Existing law requires that specified actions for recovery of damages suffered as a result of childhood sexual assault, as defined, 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 occurs later. Existing law prohibits certain of those actions from commencing 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, as specified. This bill would provide that a claim seeking to recover damages arising out of a sexual assault by an employee of a juvenile probation camp or detention facility owned and operated by a county or of a youth facility owned and operated by the Division of Juvenile Justice at the time the sexual assault occurred, that would otherwise be barred before January 1, 2024, because the applicable statute of limitations has expired, is revived and may proceed or be commenced within one year, as specified.
Bill status
failed
1 of 4 stages cleared
Introduction
Feb 2023
Committee Review
Floor Vote
Governor
Introduced Feb 17, 2023
Last action Feb 1, 2024
Floor votes
How they voted
No floor votes recorded yet.
Full legislative history
Actions timeline
Total actions
8
Key actions
4
Committee
6
Feb 1, 2024
Lower · Passed
From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
lower
May 18, 2023
Lower · Passed
In committee: Held under submission.
lower
May 3, 2023
Committee
In committee: Set, first hearing. Referred to APPR. suspense file.
lower
Apr 18, 2023
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (April 18). Re-referred to Com. on APPR.
lower
Mar 9, 2023
Committee
Referred to Com. on JUD.
lower
Feb 18, 2023
Lower · Passed
From printer. May be heard in committee March 20.
lower
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Tina McKinnor
DDemocratic
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