Bill Text: CA AB2693 | 2023-2024 | Regular Session | Amended

California Assembly Bill 2693

Bill Title: Childhood sexual assault: statute of limitations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-04 - Re-referred to Com. on JUD. [AB2693 Detail]

Download: California-2023-AB2693-Amended.html

Amended IN Assembly April 03, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2693

Introduced by Assembly Member Wicks

February 14, 2024

An act to add Section 340.12 to the Code of Civil Procedure, ~~to amend Section 35330 of the Education Code,~~ and to amend Sections 844.6 and 854.8 of the Government Code, relating to childhood sexual assault.

LEGISLATIVE COUNSEL'S DIGEST

AB 2693, as amended, Wicks. Childhood sexual assault: statute of limitations.

Existing law provides that there is no statute of limitations for actions for recovery of damages suffered as a result of childhood sexual assault, as defined, that occurred on or after January 1, 2024. For actions for recovery of damages suffered as a result of childhood sexual assault that occurred on or before December 31, 2023, existing law provides that the time of commencement of the action shall be later of within 22 years of the date the plaintiff attains the date of majority, or within 5 years of the date the plaintiff discovers that psychological injury or illness occurring after the age of majority was caused by the sexual assault.

~~Existing law limits the liability of a school district, charter school, or the state for injury, accident, illness or death occurring during or by reason of a field trip or excursion.~~ Existing law ~~also~~ generally limits the liability of a public entity for injuries to or proximately caused by prisoners or patients of mental institutions.

This bill would, notwithstanding any other law, revive claims for damages suffered as a result of childhood sexual assault by an employee of a juvenile probation camp or detention facility owned and operated by a county, that would otherwise be barred as of January 1, 2025, by the applicable statute of limitations, claim presentation deadline, or other time limit, as specified. The bill would provide that the limitations on liability described above do not apply to these claims.

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

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

SECTION 1.

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

340.12.

(a) (1) Notwithstanding any other law, including Section 340.11, an action for recovery of the types described in paragraphs (1) to (3) of subdivision (a) of Section 340.1 for damages suffered as a result of childhood sexual assault by an employee of a juvenile probation camp or detention facility owned and operated by a county at the time the childhood sexual assault occurred, that would otherwise be barred as of January 1, 2025, because the applicable statute of limitations, claim presentation deadline, or any other time limit had expired, is hereby revived, and a cause of action may proceed if commenced by December 31, 2025.

(2) This subdivision does not revive either of the following claims:

(A) A claim that has been litigated to finality in a court of competent jurisdiction before January 1, 2025.

(B) A claim that has been compromised by a written settlement agreement between the parties entered into before January 1, 2025.

(b) Notwithstanding any other law, ~~Section 35330 of the Education Code and~~ Section 844.6 or 854.8 of the Government Code do not apply to any claim seeking to recover damages arising out of a sexual assault described in subdivision (a). This subdivision is retroactive and applies to any action commenced on or after the date of the enactment of the act adding this subdivision, 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.

SEC. 2.Section 35330 of the Education Code is amended to read:
35330.
~~(a)The governing board of a school district or the county superintendent of schools of a county may:~~
(1)Conduct field trips or excursions in connection with courses of instruction or school-related social, educational, cultural, athletic, or school band activities to and from places in the state, any other state, the District of Columbia, or a foreign country for pupils enrolled in elementary or secondary schools. A field trip or excursion to and from a foreign country may be permitted to familiarize pupils with the language, history, geography, natural sciences, and other studies relative to the district’s course of study for pupils.
(2)Engage instructors, supervisors, and other personnel to contribute their services over and above the normal period for which they are employed by the district, if necessary, and provide equipment and supplies for the field trip or excursion.
(3)Transport by use of district equipment, contract to provide transportation, or arrange transportation by the use of other equipment, of pupils, instructors, supervisors, or other personnel to and from places in the state, another state, the District of Columbia, or a foreign country where those excursions and field trips are being conducted, provided that, when district equipment is used, the governing board shall secure liability insurance, and if travel is to and from a foreign country, liability insurance shall be secured from a carrier licensed to transact insurance business in the foreign country.
~~(4)Provide supervision of pupils involved in field trips or excursions by certificated employees of the district.~~
(b)(1)A pupil shall not be prevented from making the field trip or excursion because of lack of sufficient funds. To this end, the governing board shall coordinate efforts of community service groups to supply funds for pupils in need.
(2)A group shall not be authorized to take a field trip or excursion authorized by this section if a pupil who is a member of an identifiable group will be excluded from participation in the field trip or excursion because of lack of sufficient funds.
(c)(1)The attendance or participation of a pupil in a field trip or excursion authorized by this section shall be considered attendance for the purpose of crediting attendance for apportionments from the State School Fund in the fiscal year. Credited attendance resulting from a field trip or excursion shall be limited to the amount of attendance that would have accrued had the pupils not been engaged in the field trip or excursion.
(2)Credited attendance shall not exceed 10 schooldays except in the case of pupils participating in a field trip or excursion in connection with courses of instruction, or school-related educational activities, and that are not social, cultural, athletic, or school band activities.
(d)(1)All persons making the field trip or excursion shall be deemed to have waived all claims against the district, a charter school, or the State of California for injury, accident, illness, or death occurring during or by reason of the field trip or excursion. All adults taking out-of-state field trips or excursions and all parents or guardians of pupils taking out-of-state field trips or excursions shall sign a statement waiving all claims.
~~(2)Paragraph (1) shall not apply to claims made pursuant to Section 340.12 of the Code of Civil Procedure.~~
(e)Transportation allowances shall not be made by the Superintendent for expenses incurred with respect to field trips or excursions that have an out-of-state destination. A school district that transports pupils, teachers, or other employees of the school district in schoolbuses within the state and to destinations within the state, pursuant to the provisions of this section, shall report to the Superintendent on forms prescribed by the Superintendent the total mileage of schoolbuses used in connection with educational excursions. In computing the allowance to a school district for regular transportation there shall be deducted from that allowance an amount equal to the depreciation of schoolbuses used for the transportation in accordance with rules and regulations adopted by the Superintendent.

SEC. 3.SEC. 2.

Section 844.6 of the Government Code is amended to read:

844.6.

(a) Notwithstanding any other provision of this part, except as provided in this section, in Sections 814, 814.2, 845.4, and 845.6, in Section 340.12 of the Code of Civil Procedure, and in Title 2.1 (commencing with Section 3500) of Part 3 of the Penal Code, a public entity is not liable for:

(1) An injury proximately caused by any prisoner.

(2) An injury to any prisoner.

(b) Nothing in this section affects the liability of a public entity under Article 1 (commencing with Section 17000) of Chapter 1 of Division 9 of the Vehicle Code.

(c) Except for an injury to a prisoner, nothing in this section prevents recovery from the public entity for an injury resulting from the dangerous condition of public property under Chapter 2 (commencing with Section 830) of this part.

(d) Nothing in this section exonerates a public employee from liability for injury proximately caused by the employee’s negligent or wrongful act or omission. The public entity may but is not required to pay any judgment, compromise or settlement, or may but is not required to indemnify any public employee, in any case where the public entity is immune from liability under this section; except that the public entity shall pay, as provided in Article 4 (commencing with Section 825) of Chapter 1 of this part, any judgment based on a claim against a public employee who is lawfully engaged in the practice of one of the healing arts under any law of this state for malpractice arising from an act or omission in the scope of their employment, and shall pay any compromise or settlement of a claim or action, based on such malpractice, to which the public entity has agreed.

SEC. 4.SEC. 3.

Section 854.8 of the Government Code is amended to read:

854.8.

(a) Notwithstanding any other provision of this part, except as provided in this section, Sections 814, 814.2, 855, and 855.2, and Section 340.12 of the Code of Civil Procedure, a public entity is not liable for:

(1) An injury proximately caused by a patient of a mental institution.

(2) An injury to an inpatient of a mental institution.

(b) Nothing in this section affects the liability of a public entity under Article 1 (commencing with Section 17000) of Chapter 1 of Division 9 of the Vehicle Code.

(c) Except for an injury to an inpatient of a mental institution, nothing in this section prevents recovery from the public entity for an injury resulting from the dangerous condition of public property under Chapter 2 (commencing with Section 830) of this part.