Gonzalez
Author
Existing law requires that an action for recovery of damages suffered as a result of childhood sexual abuse, as defined, be commenced within 8 years of the date the plaintiff attains the age of majority or within 3 years of the date the plaintiff discovers or reasonably should have discovered that the psychological injury or illness occurring after the age of majority was caused by sexual abuse, whichever occurs later, and provides that certain of those actions may not be commenced on or after the plaintiff's 26th birthday. Existing law also prohibits confidentiality provisions within a settlement agreement arising from a claim of childhood sexual abuse. This bill would expand the definition of childhood sexual abuse, which would instead be referred to as childhood sexual assault. This bill would increase the time limit for commencing an action for recovery of damages suffered as a result of childhood sexual assault to 22 years from 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 the psychological injury or illness occurring after the age of majority was caused by sexual assault, whichever is later. This bill would also provide for the recovery of up to treble damages against certain defendants in these actions, and would revive time-lapsed claims in certain circumstances. Existing law, the Government Claims Act, generally requires the presentation of all claims for money or damages against local public entities. The Government Claims Act excludes from this requirement claims made for the recovery of damages suffered as a result of childhood sexual abuse, as defined, arising from conduct that occurred on or after January 1, 2009. This bill would change that reference from childhood sexual abuse to childhood sexual assault, as defined, and it would remove the requirement that the conduct occurred on or after that specified date. The bill would also make a conforming change to the provision governing confidentiality provisions in childhood sexual abuse claims.
Chaptered by Secretary of State - Chapter 861, Statutes of 2019.
Approved by the Governor.
Enrolled and presented to the Governor at 4 p.m.
In Assembly. Concurrence in Senate amendments pending.
Read third time. Passed. Ordered to the Assembly. (Ayes 33. Noes 0. Page 2955.).
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 69. Noes 0. Page 3612.).
Assembly Rule 63 suspended. (Page 3612.)
Read second time. Ordered to third reading.
Read second time and amended. Ordered returned to second reading.
From committee: Amend, and do pass as amended. (Ayes 5. Noes 1.) (August 30).
From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 1.) (July 2). Re-referred to Com. on APPR.
In committee: Set, second hearing. Hearing canceled at the request of author.
In committee: Set, first hearing. Hearing canceled at the request of author.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 64. Noes 3. Page 956.)
Read third time and amended. Ordered to third reading. (Page 812.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 8. Noes 2.) (March 12).
Measure version as revised on March 6 corrected.
Coauthors revised.
From printer. May be heard in committee February 16.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB218 | HTML |
| 01/16/19 - Introduced | |
| 03/25/19 - Amended Assembly | |
| 08/30/19 - Amended Senate | |
| 09/20/19 - Enrolled | |
| 10/13/19 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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