Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1106

Introduced by Assembly Member Waldron

February 22, 2013

An act to begin delete amend Section 17552 of end delete begin insert add Section 818.3 to end insert the Government Code, relating to begin delete state mandates end delete begin insert public entities end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 1106, as amended, Waldron. begin delete State mandates. end delete begin insert Public entities: liability. end insert

begin insert

Existing law generally regulates county jails. Existing law provides that a public entity is liable for injury proximately caused by an act or omission of an employee of the public entity within the scope of his or her employment if the act or omission would have given rise to a cause of action against that employee or the employee’s personal representative, as specified. Existing law exempts a public entity from liability for injuries or damages under specified circumstances.

end insert begin insert

This bill would provide that a public entity that owns or operates a county jail or correctional facility constructed prior to October 1, 2011, or an employee thereof, shall not be liable to an inmate, ward, or prisoner of that county jail or correctional facility for an injury arising out of the failure of the facility to comply with standards or conditions imposed upon state prisons, as specified.

end insert begin delete

The California Constitution requires the state to provide a subvention of funds to reimburse local government for the costs of that new program or higher level of service, with specified exceptions, when the Legislature or a state agency mandates a new program or higher level of service on any local government, including school districts. Existing law establishes the sole and exclusive procedure by which a local agency or school district may claim reimbursement for these costs.

end delete begin delete

This bill would make a technical, nonsubstantive change to this provision.

end delete

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 818.3 is added to the end insert begin insert Government Code end insert begin insert ,
to read: end insert

begin insert

begin insert 818.3. end insert   

(a) A public entity that owns or operates a county jail
or correctional facility constructed prior to October 1, 2011, or
an employee thereof, shall not be liable to an inmate, ward, or
prisoner of that county jail or correctional facility for an injury
arising out of the failure of the facility to comply with standards
or conditions imposed upon state prisons, that does not result in
cruel and unusual punishment, related to, but not limited to, lack
of amenities, activities, dental care, educational curriculum,
housing, medical care, mental health care, population, preventative
health care, religious programs, therapeutic programs, and work
programs.

(b) Nothing in this section limits the liability of a public entity
or its employee that otherwise exists for an act of gross negligence.

end insert

begin delete

SECTION 1.  

Section 17552 of the Government Code is
amended to read:

17552.  

This chapter shall provide the sole and exclusive
procedure by which a local agency or school district in this state
may claim reimbursement for costs mandated by the state as
required by Section 6 of Article XIII B of the California
Constitution.

end delete