AB 1628

Bill Subjects

Abstract

(1) Existing law generally requires an action for recovery of damages against a person suffered as a result of childhood sexual abuse to be commenced within 8 years of the date the plaintiff attains the age of majority or within 3 years of the date the plaintiff discovers or reasonably should have discovered that psychological injury or illness occurring after the age of majority was caused by the sexual abuse, whichever occurs later. Under existing law, certain actions may not be brought against a person or entity on or after the plaintiff's 26th birthday. This bill would instead provide that any of those actions may be commenced until the plaintiff attains the age of 35 or within 3 years of the date the plaintiff discovers or reasonably should have discovered the psychological injury or illness after the age of majority was caused by the sexual abuse, whichever occurs later, and would delete the provisions prohibiting certain actions from being brought on or after the plaintiff's 26th birthday. (2) Existing law prohibits a confidential settlement agreement in a civil action the factual foundation for which establishes a cause of action for an act that may be prosecuted as a felony sex offense, and further makes those provisions inapplicable to a settlement agreement or stipulated agreement that requires the nondisclosure of the amount of any money paid in a settlement of a claim. This bill would delete those provisions and instead would prohibit any confidential settlement in a civil action seeking damages that is based in whole or in part on an act of childhood sexual abuse. The bill would make an agreement entered into on or after January 1, 2013, containing a confidential settlement provision void as a matter of law and against public policy. The bill would also specify that an attorney who demands a confidential settlement agreement as set forth above shall be subject to disciplinary action by the State Bar. (3) Existing law, the Child Abuse and Neglect Reporting Act, requires a mandated reporter, as defined, to report whenever he or she, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observed a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. Failure to report an incident is a crime punishable by imprisonment in a county jail for a period of 6 months, a fine of up to $1,000, or by both that imprisonment and fine. Existing law prohibits a supervisor or administrator from inhibiting a mandated reporter from making a report, authorizes supervisors and administrators of mandated reporters to implement procedures to facilitate the reporting of child abuse and neglect, and prohibits a person from being sanctioned for making the report. This bill would require any private entity conducting business in the state that has employees, members, agents, licensees, or representatives who are either mandated reporters or who work directly in an unaccompanied setting with minor children on more than an incidental and occasional basis or have supervisory or disciplinary power over minor children to designate an employee to receive complaints of suspected child abuse, and to implement an internal procedure for employees, members, agencies, licensees, or representatives of the private entity to report any incident of suspected child abuse to the designated employee. The bill would specify that the private entity is prohibited from sanctioning a person for making a report, and would also require the private entity to perform enhanced background checks, as specified, on the employees, members, agents, licensees, or representatives described above. The bill would make a violation of those provisions a misdemeanor punishable by up to 6 months confinement in a county jail or by a fine of $1,000, or by both that imprisonment and fine. Because the bill would create a new crime, the bill would impose a state-mandated local program. (4) 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 no reimbursement is required by this act for a specified reason.