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.