SB 131

  • California Senate Bill
  • 2013-2014 Regular Session
  • Introduced in Senate Jan 24, 2013
  • Passed Senate May 29, 2013
  • Passed Assembly Sep 04, 2013
  • Governor

Damages: childhood sexual abuse: statute of limitations.

Abstract

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 the person or entity against whom the action is commenced knew or had reason to know, or was otherwise on notice, of any unlawful sexual conduct by an employee, volunteer, representative, or agent, and failed to take reasonable steps, and to implement reasonable safeguards, to avoid acts of unlawful sexual conduct in the future by that person. For a period of one year commencing January 1, 2003, existing law revived certain actions that would otherwise be barred solely because the applicable statute of limitations had expired. This bill would provide that the time limits for commencement of an action for recovery of damages suffered as a result of childhood sexual abuse shall be applied retroactively to any claim that has not been adjudicated to finality on the merits as of January 1, 2014. This bill would revive, for a period of one year, a cause of action, as specified, that would otherwise be barred by the statute of limitations as of January 1, 2014, provided that the plaintiff's 26th birthday was before January 1, 2003, and the plaintiff discovered the cause of his or her injury on or after January 1, 2004. This bill would provide that a party shall be entitled to conduct discovery before the court may rule on a motion challenging the sufficiency of the plaintiff's showing that a person or entity knew or had reason to know, or was otherwise on notice, of any unlawful sexual conduct and failed to take reasonable steps, and to implement reasonable safeguards, to avoid those acts in the future. This bill would specify that this entitlement shall not apply to a cause of action revived pursuant to these provisions.

Bill Sponsors (3)

Votes


Actions


Feb 27, 2014

Senate

Consideration of Governor's veto stricken from file.

Oct 12, 2013

Senate

In Senate. Consideration of Governor's veto pending.

Senate

Vetoed by the Governor.

Sep 11, 2013

California State Legislature

Enrolled and presented to the Governor at 3 p.m.

Sep 06, 2013

Senate

Assembly amendments concurred in. (Ayes 21. Noes 8. Page 2181.) Ordered to engrossing and enrolling.

Sep 05, 2013

Senate

In Senate. Concurrence in Assembly amendments pending.

Sep 04, 2013

Assembly

Amendments by Assembly Member Wagner tabled on motion by Assembly Member Atkins. (Ayes 48. Noes 26. Page 2864.)

Assembly

Read third time. Passed. (Ayes 44. Noes 15. Page 2876.) Ordered to the Senate.

Aug 22, 2013

Assembly

Read second time. Ordered to third reading.

Aug 21, 2013

Assembly

From committee: Do pass. (Ayes 11. Noes 3.) (August 21).

Aug 14, 2013

Assembly

Set, first hearing. Failed passage in committee. Reconsideration granted.

Jun 20, 2013

Assembly

Re-referred to Com. on APPR.

  • Referral-Committee
Com. on APPR.

Assembly

Read second time. Ordered to third reading.

Jun 19, 2013

Assembly

Read second time and amended. Ordered to second reading.

Jun 18, 2013

Assembly

From committee: Do pass as amended. (Ayes 6. Noes 1.) (June 18).

Jun 10, 2013

Assembly

Referred to Com. on JUD.

  • Referral-Committee
Com. on JUD.

May 30, 2013

Assembly

In Assembly. Read first time. Held at Desk.

May 29, 2013

Senate

Read third time. Passed. (Ayes 21. Noes 10. Page 1177.) Ordered to the Assembly.

May 28, 2013

Senate

Read second time and amended. Ordered to third reading.

May 24, 2013

Senate

From committee: Do pass as amended. (Ayes 5. Noes 1. Page 1007.) (May 23).

May 21, 2013

Senate

Set for hearing May 23.

May 20, 2013

Senate

Placed on APPR. suspense file.

May 10, 2013

Senate

Set for hearing May 20.

May 09, 2013

Senate

From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  • Committee-Passage
  • Amendment-Passage
  • Reading-2
  • Reading-1
  • Referral-Committee
Com. on APPR.

May 08, 2013

Senate

From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1. Page 851.) (May 7). Re-referred to Com. on APPR.

  • Committee-Passage-Favorable
  • Referral-Committee
  • Committee-Passage
Com. on APPR.

May 03, 2013

Senate

Set for hearing May 7.

May 02, 2013

Senate

From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  • Committee-Passage
  • Amendment-Passage
  • Reading-2
  • Reading-1
  • Referral-Committee
Com. on JUD.

Apr 04, 2013

Senate

From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  • Committee-Passage
  • Amendment-Passage
  • Reading-2
  • Reading-1
  • Referral-Committee
Com. on JUD.

Feb 07, 2013

Senate

Referred to Coms. on JUD. and APPR.

  • Referral-Committee
Coms. on JUD. and APPR.

Jan 25, 2013

Senate

From printer. May be acted upon on or after February 24.

Jan 24, 2013

Senate

Introduced. Read first time. To Com. on RLS. for assignment. To print.

Bill Text

Bill Text Versions Format
SB131 HTML
01/24/13 - Introduced PDF
04/04/13 - Amended Senate PDF
05/02/13 - Amended Senate PDF
05/09/13 - Amended Senate PDF
05/28/13 - Amended Senate PDF
06/19/13 - Amended Assembly PDF
09/09/13 - Enrolled PDF

Related Documents

Document Format
No related documents.

Sources

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