BILL NUMBER: SB 640 CHAPTERED BILL TEXT CHAPTER 383 FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2008 APPROVED BY GOVERNOR SEPTEMBER 27, 2008 PASSED THE SENATE AUGUST 11, 2008 PASSED THE ASSEMBLY AUGUST 7, 2008 AMENDED IN ASSEMBLY JULY 14, 2008 AMENDED IN ASSEMBLY JUNE 9, 2008 AMENDED IN SENATE APRIL 30, 2007 INTRODUCED BY Senator Simitian FEBRUARY 22, 2007 An act to amend Section 905 of the Government Code, relating to government tort claims. LEGISLATIVE COUNSEL'S DIGEST SB 640, Simitian. Government tort claims: childhood sexual abuse. Existing law bars a suit for money or damages against a public entity on a cause of action for which a claim is required to be presented, until a written claim therefor has been presented to the public entity and acted upon by the Victim Compensation and Government Claims Board or, in the case of a local public entity, the governing body of the local public entity, or has been deemed to have been rejected, except as specified. Existing law requires a claim for personal injury against a public entity, or against an employee of a public entity, to be presented not later than 6 months after accrual of the cause of action. 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 the sexual abuse, whichever occurs later, and provides that certain of those actions may not be commenced on or after the plaintiff's 26th birthday. This bill would exempt claims made against a local public entity pursuant to the above provision for the recovery of damages suffered as a result of childhood sexual abuse from the requirement to file a claim against a public entity within 6 months after accrual as a prerequisite to filing a cause of action for money damages. The bill would limit this exemption to claims arising out of conduct occurring on or after January 1, 2009. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 905 of the Government Code is amended to read: 905. There shall be presented in accordance with Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) all claims for money or damages against local public entities except: (a) Claims under the Revenue and Taxation Code or other statute prescribing procedures for the refund, rebate, exemption, cancellation, amendment, modification, or adjustment of any tax, assessment, fee, or charge or any portion thereof, or of any penalties, costs, or charges related thereto. (b) Claims in connection with which the filing of a notice of lien, statement of claim, or stop notice is required under any law relating to liens of mechanics, laborers, or materialmen. (c) Claims by public employees for fees, salaries, wages, mileage, or other expenses and allowances. (d) Claims for which the workers' compensation authorized by Division 4 (commencing with Section 3200) of the Labor Code is the exclusive remedy. (e) Applications or claims for any form of public assistance under the Welfare and Institutions Code or other provisions of law relating to public assistance programs, and claims for goods, services, provisions, or other assistance rendered for or on behalf of any recipient of any form of public assistance. (f) Applications or claims for money or benefits under any public retirement or pension system. (g) Claims for principal or interest upon any bonds, notes, warrants, or other evidences of indebtedness. (h) Claims that relate to a special assessment constituting a specific lien against the property assessed and that are payable from the proceeds of the assessment, by offset of a claim for damages against it or by delivery of any warrant or bonds representing it. (i) Claims by the state or by a state department or agency or by another local public entity or by a judicial branch entity. (j) Claims arising under any provision of the Unemployment Insurance Code, including, but not limited to, claims for money or benefits, or for refunds or credits of employer or worker contributions, penalties, or interest, or for refunds to workers of deductions from wages in excess of the amount prescribed. (k) Claims for the recovery of penalties or forfeitures made pursuant to Article 1 (commencing with Section 1720) of Chapter 1 of Part 7 of Division 2 of the Labor Code. (l) Claims governed by the Pedestrian Mall Law of 1960 (Part 1 (commencing with Section 11000) of Division 13 of the Streets and Highways Code). (m) Claims made pursuant to Section 340.1 of the Code of Civil Procedure for the recovery of damages suffered as a result of childhood sexual abuse. This subdivision shall apply only to claims arising out of conduct occurring on or after January 1, 2009.