Damages: childhood sexual abuse: statute of limitations.
Summary
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 psychological injury or illness occurring after the age of majority was caused by sexual abuse, whichever occurs later. Existing law provides that certain actions may be commenced on and after the plaintiff's 26th birthday if specified conditions are met. This bill would establish 2 separate statute of limitations for an action for recovery of damages suffered as a result of childhood sexual abuse. An action for recovery of damages suffered as a result of childhood sexual abuse occurring prior to January 1, 2015, would be subject to the above provisions of existing law. An action involving childhood sexual abuse occurring on or after January 1, 2015, would be required to be commenced within 22 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 period expires later. The Government Claims Act sets forth the general procedure for presentation of a claim for money or damages against local public entities. This act also enumerates excepted categories of claims, including certain claims for the recovery of damages suffered as a result of childhood sexual abuse arising out of conduct occurring on or after January 1, 2009. This bill would clarify that the same exception applies regardless of which statute of limitation is controlling.
Bill status
vetoed
4 of 5 stages cleared
Introduction
Jan 2014
Committee Review
Aug 2014
Senate Passage
May 2014
Assembly Passage
Aug 2014
Vetoed
Sep 2014
Introduced Jan 29, 2014
Vetoed Sep 30, 2014
Floor votes · Senate May 28, 2014 · Assembly Aug 25, 2014
How they voted
21–9
Passed · 5 other
Total votes 35
May 28, 2014
D
Democratic25
84% Yea
R
Republican10
80% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
28
Key actions
9
Committee
9
Amendments
2
Sep 30, 2014
Vetoed
In Senate. Consideration of Governor's veto pending.
upper
Sep 30, 2014
Vetoed
Vetoed by the Governor.
upper
Aug 27, 2014
Upper · Passed
Assembly amendments concurred in. (Ayes 22. Noes 11. Page 4916.) Ordered to engrossing and enrolling.
upper
Aug 26, 2014
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Aug 25, 2014
Assembly · Passed
Assembly Vote: pass (45-16-4)
assembly
Aug 14, 2014
Lower · Passed
From committee: Do pass. (Ayes 13. Noes 4.) (August 14).
lower
Jul 2, 2014
Committee
Set, first hearing. Referred to APPR. suspense file.
lower
Jun 17, 2014
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 1.) (June 17). Re-referred to Com. on APPR.
lower
Jun 11, 2014
Lower · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
lower
Jun 5, 2014
Committee
Referred to Com. on JUD.
lower
May 28, 2014
Senate · Passed
Senate Vote: pass (21-9-5)
senate
May 23, 2014
Upper · Passed
From committee: Do pass as amended. (Ayes 5. Noes 2. Page 3705.) (May 23).
upper
May 13, 2014
Upper · Passed
Read second time and amended. Re-referred to Com. on APPR.
upper
May 12, 2014
Upper · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2. Page 3403.) (May 6).
upper
Feb 6, 2014
Committee
Referred to Coms. on JUD. and APPR.
upper
1 primary · 2 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Jim Beall
DDemocratic
Co
Nancy Skinner
DDemocratic
Co
Ricardo Lara
DDemocratic
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