BILL NUMBER: SB 131	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 4, 2013

INTRODUCED BY    Senator   Beall 
 Senators   Beall   and Lara 
   (Coauthor: Assembly Member Skinner)

                        JANUARY 24, 2013

   An act to amend Section 340.1 of the Code of Civil Procedure,
relating to damages.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 131, as amended, Beall. Damages: childhood sexual abuse:
statute of limitations.
   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
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 recast these provisions of law relating to the
recovery of damages in childhood sexual abuse actions. The bill would
provide that actions not barred by law in effect prior to January 1,
2014  ,  are not subject to a statute of limitations and
that an action for recovery of damages suffered as a result of
childhood sexual abuse may be commenced at any time. With regard to
an action barred by the law in effect prior to January 1, 2014, the
bill would provide that those actions may be commenced within 30
years of the date the plaintiff attains the age of majority or within
 five   5  years of the date of the fact
of the injury and its causal connection to the sexual abuse is first
communicated to the plaintiff by a practicing physician,
psychologist, or clinical psychologist, whichever period expires
later. The bill would also repeal the requirement that a plaintiff 26
years of age or older at the time the action is filed file a
certificate of merit and would repeal other procedural requirements
relating to the action.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 340.1 of the Code of Civil Procedure is amended
to read:
   340.1.  (a) In an action for recovery of damages suffered as a
result of childhood sexual abuse that was not barred by the law in
effect prior to January 1, 2014, there shall be no statute of
limitations and any of the following actions may be commenced at any
time:
   (1) An action against any person or entity for directly or
vicariously committing an act of childhood sexual abuse.
   (2) An action for liability against any person or entity who owed
a duty of care to the plaintiff, where a wrongful or negligent act by
that person or entity was a legal cause of the childhood sexual
abuse which resulted in injury to the plaintiff.
   (3) An action for liability against any person or entity where an
intentional act by that person or entity was a legal cause of the
childhood sexual abuse which resulted in injury to the plaintiff.
   (b) In an action for recovery of damages suffered as a result of
childhood sexual abuse that was barred by the law in effect prior to
January 1, 2014, the time for commencement of the action shall be
within 30 years of the date the plaintiff attains the age of majority
or within five years of the date the fact of the injury and its
causal connection to the sexual abuse is first communicated to the
plaintiff by a physician, psychologist, or clinical psychologist
licensed to practice and practicing within the state, whichever
period expires later, for any of the following actions:
   (1) An action against any person or entity for directly or
vicariously committing an act of childhood sexual abuse.
   (2) An action for liability against any person or entity who owed
a duty of care to the plaintiff, where a wrongful or negligent act by
that person or entity was a legal cause of the childhood sexual
abuse which resulted in injury to the plaintiff.
   (3) An action for liability against any person or entity where an
intentional act by that person or entity was a legal cause of the
childhood sexual abuse which resulted in injury to the plaintiff.
   (c) Any claim for damages that may not be timely commenced under
subdivision (a) or  subdivision  (b), as amended
January 1, 2014, is revived and a cause of action may be commenced
within one year of January 1, 2014. Nothing in this subdivision is
intended to alter the applicable statute of limitations for any claim
described in subdivision (a) or (b) that is not time barred by the
amendments taking effect on January 1, 2014.
   (d) "Childhood sexual abuse" as used in this section includes any
act committed against the plaintiff that occurred when the plaintiff
was under  the age of  18 years  of age 
and that would have been proscribed by Section 266j of the Penal
Code; Section 285 of the Penal Code; paragraph (1) or (2) of
subdivision (b), or of subdivision (c), of Section 286 of the Penal
Code; subdivision (a) or (b) of Section 288 of the Penal Code;
paragraph (1) or (2) of subdivision (b), or subdivision  ( c
)   (c)  , of Section 288a of the Penal Code;
subdivision (h),  (I)   (i)  , or (j) of
Section 289 of the Penal Code; Section 647.6 of the Penal Code; or
any prior laws of this state of similar effect at the time the act
was committed.
   (e) Nothing in this section shall be construed to alter the
otherwise applicable burden of proof, as defined in Section 115 of
the Evidence Code, that a plaintiff has in a civil action subject to
this section.
   (f) Nothing in this section is intended to create a new theory of
liability.
   (g) Nothing in this section is intended to alter the decision in
Shirk v. Vista Unified School Dist.  ,  (2007) 42
Cal.4th 201.
   (h) Nothing in this section is intended to revive any action or
cause of action that has been litigated to finality on the merits in
any court of competent jurisdiction prior to January 1, 2014.