BILL ANALYSIS �
AB 1628
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Date of Hearing: May 16, 2012
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 1628 (Beall) - As Amended: May 1, 2012
Policy Committee: Public
SafetyVote: 4-1
Judiciary 7-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill extends the statute of limitations for civil claims
based on childhood sexual abuse and prohibits confidential
settlements in those cases, and imposes duties under the Child
Abuse and Neglect Reporting Act (CANRA) to private entities with
employees or representatives who are mandated reporters or work
closely with minor children. Specifically, this bill:
1)Extends the statute of limitations for a civil action based on
childhood sexual abuse until the plaintiff reaches the age of
35, or within three years of when the plaintiff discovers that
psychological injury or illness occurring as an adult was
caused by sexual abuse, whichever is later. (Current law
specifies 26, or within three years of discovery, whichever is
later.)
2)Prohibits confidential settlement agreements in civil actions
based on childhood sexual abuse. States a confidential
settlement agreement in any civil action involving childhood
sexual abuse entered into after January 1, 2013 is void, and
subjects an attorney who seeks such a settlement to State Bar
disciplinary action.
3)States a private entity employing a mandated reporter may not
impede reporter's duties. Requires a private entity with
employees or representatives who are mandated reporters or
work directly and in an unaccompanied setting with children
to:
a) Designate an employee to receive complaints of suspected
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child abuse.
b) Implement appropriate procedures to report incidents of
suspected child abuse.
c) Distribute a written copy of the procedure to all
employees.
d) Ensure a mandated report has been made in accordance
with statute.
4)Requires private entities, as specified, to conduct employment
and criminal background checks on persons who are mandated
reporters or work directly and in an unaccompanied setting
with children on more than an incidental and occasional basis.
5)Makes violation of the mandated reporter provisions created by
this bill a misdemeanor, punishable by up to six months in
county jail and/or a fine of up to $1,000.
FISCAL EFFECT
1)Unknown annual state trial court costs, potentially in the
hundreds of thousands of dollars, to the extent extending the
statute of limitations results in additional civil cases. If
this bill results in eight additional cases per year, and each
case requires a week of court time, annual costs would be in
the range of $160,000.
2)Potential minor annual GF costs, likely less than $150,000,
for increased state prison commitments to the extent expanded
reporting requirements result in additional state prison
commitments.
3)Unknown minor state GF trial court costs for creating a
misdemeanor. Costs would depend on the number of defendants,
and the length of proceedings. For example, if two persons per
year were charged for the offense created by this bill,
resulting in a total of one day of court time and costs,
annual state GF trial costs would be in the range of $5,000.
4)Unknown, likely minor non-reimbursable local incarceration
and/or probation costs to the extent anyone is convicted for
failure to report under this section.
Under correctional realignment instituted in 2011, the
creation of new misdemeanors must be viewed in a new light.
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Counties are taking on significant new responsibilities for
housing and supervising felons. New misdemeanors place
additional pressure on counties to identify additional
programs, including incarceration and probation for additional
misdemeanants, at a time when jail and program space - and
attendant staffing - will be at a premium in many counties.
While the fiscal and programmatic consequences of most new
misdemeanors are likely to be relatively minor, any additional
cumulative pressure on realignment efforts merits review.
COMMENTS
1)Rationale. This bill intends to protect victims of childhood
sexual abuse by extending the statute of limitations, fully
prohibiting confidential settlements, and strengthening
mandatory reporter laws for private entities. According to the
author, this bill "addresses gaps in the law that enable
pedophiles to shield their activities. The best way to stop
hidden predators from hurting more children is by identifying
them?."
Regarding extending the statute of limitations, the author and
proponents contend childhood sexual abuse victims often need
more than eight years from the date they attain the age of
majority to seek justice against offenders. Proponents contend
the unique nature of sexual molestation, the stigma associated
with it, and the likelihood of repressed memories, warrants
extending the statute of limitations in these circumstances.
Regarding secret settlements, while current law prohibits a
confidential settlement in any civil action, the factual
foundation for which establishes a cause of action for a
felony sex offense, it does not bar an agreement that requires
nondisclosure of the amount paid in settlement. According to
the author, existing law may be insufficient to cover some
sexual abuse cases since in "most settlement agreements, the
defendant does not make admissions of wrongdoing that would
establish the factual foundation." This bill requires that
cases be settled publically, which the author contends would
deter repeat offenders.
2)Support includes the Consumer Attorneys of California, Crime
Victims United, the Child Abuse Prevention Center, Lawyers
Against the Sexual Abuse of Children, the California Coalition
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on Sexual Offending, and the California Police Chiefs. The
Child Abuse Prevention Center states, "by extending the
statute of limitations (SOL) for civil claims involving sexual
abuse from 26 years of age to 35 years of age, the state will
have accounted for an increasing population of people who are
realizing the psychological damages of said abuse later in
their life."
3)Opposition. The California Catholic Conference opposes the
extension of the statute of limitations, and the Independent
Private Schools of California contend this bill would
unnecessarily burden private schools with reporting
requirements.
4)Related Pending Legislation .
a) AB 1434 (Feuer), makes a higher education employee, as
specified, a mandated reporter. AB 1434 is pending in the
Senate Public Safety Committee.
b) AB 1435 (Dickenson) makes athletic coaches, athletic
administrators, and athletic directors employed by a public
or private youth center, youth recreation program, or youth
organization mandated reporters and requires training. AB
1435 is on this committee's Suspense File.
c) AB 1438 (Bradford) makes it a misdemeanor to fail to
report to a peace officer an instance of known or suspected
child sexual abuse. AB 1438 is pending in the Senate Public
Safety Committee.
d) AB 1713 (Campos) expands the list of mandated reporters
to include commercial-film and photographic-print or image
processors. AB 1713 is pending in the Senate.
e) AB 1817 (Atkins) expands the list of mandated reporters
to include commercial computer technicians. AB 1817 is
pending on the Assembly floor.
f) SB 1264 (Vargas) expands the list of mandated reporters
to include athletic coaches at public or private
postsecondary institutions. SB 1264 is on the Senate
Appropriations Suspense File.
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Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081