CaliforniaSexual assault in prison.
What it does
(1) Existing law tolls the periods of limitation to bring specific civil actions for up to 2 years, if during that time that the claimant is imprisoned on a criminal charge, as specified. However, under existing law these tolling provisions do not apply to an action brought against a public entity or public employee, as specified.
More detail
This bill would, notwithstanding any other law, provide that the period for bringing an action for sexual assault against a public entity or public employee that is alleged to have occurred while the claimant was imprisoned on a criminal charge, or in execution under the sentence of a criminal court, is tolled during the entire period of the claimant's imprisonment or sentence. Under the bill, any claim for sexual assault against a public entity or public employee subject to that provision is exempt from all state and local government claim presentation requirements.
(2) Existing law establishes the Office of the Sexual Abuse in Detention Elimination Ombudsperson with the authority to inspect all of the Department of Corrections and Rehabilitation institutions and to interview all inmates and wards. Under existing law, if an investigation confirms that any employee of the department has sexually abused an inmate or ward, that employee is required to be terminated. Existing law prohibits retaliation against an inmate or ward for making an allegation of sexual abuse. Existing law requires the department to keep statistics on the sexual abuse of inmates and wards and make that data available to the Office of the Sexual Abuse in Detention Elimination Ombudsperson.
This bill would prohibit an employee who has been terminated after an investigation confirms that the employee has sexually abused an incarcerated person or ward from future employment with the department.
This bill would require the department to monitor for 90 days an incarcerated person who reports sexual assault, and the incarcerated person reported to have suffered the sexual assault, by a staff member for possible retaliation. The bill would require the department to make specific notifications and reporting after an incarcerated person is reported to have suffered a sexual assault. The bill would require the department, on or before January 1, 2028, to develop and implement procedures for notifications of an incarcerated person's contact person, as defined. The bill would require the department to minimize the transfer of an incarcerated person who is reported to have suffered a sexual assault by a staff member for 90 days following the report, unless there is an operational need to do so or there are safety, security, or health concerns. The bill would define terms for its purposes and declare these provisions are severable.
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Where it stands
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Sep 27Vetoed by Governor Gavin Newsom.Latest
- Sep 4Enrolled and presented to the Governor at 4 p.m.To Governor
- Aug 27Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 6697.).Major
- Vote recorded AB 464 Aguiar-Curry Concurrence in Senate Amendments. Result: pass.Lower
- Aug 27In Assembly. Concurrence in Senate amendments pending.
- Aug 26Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0.).Passed Senate
- Vote recorded 3rd Reading AB464 Aguiar-Curry et al. By Menjivar. Result: pass.Upper
- Aug 24Read second time. Ordered to third reading.Minor
- Aug 21Read third time and amended. Ordered to second reading.Major
- Aug 13Read second time. Ordered to third reading.Minor
- Vote recorded Do pass. Result: pass.Upper
- Aug 13From committee: Do pass. (Ayes 7. Noes 0.) (August 13).Minor
- Aug 3In committee: Referred to APPR. suspense file.Minor
- Vote recorded Placed on suspense file. Result: pass.Upper
- Jun 24From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 13. Noes 0.) (June 23). Re-referred to Com. on APPR.Minor
- Jun 23
- Vote recorded Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar. Result: pass.Upper
- Jun 9From committee: Do pass and re-refer to Com. on JUD. with recommendation: To Consent Calendar. (Ayes 6. Noes 0.) (June 9). Re-referred to Com. on JUD.Minor
- Vote recorded Do pass, but first be re-referred to the Committee on [Judiciary] with the recommendation: To Consent Calendar. Result: pass.Upper
- May 6Referred to Coms. on PUB. S. and JUD.Minor
- Jan 29In Senate. Read first time. To Com. on RLS. for assignment.Minor
- Vote recorded AB 464 Aguiar-Curry Assembly Third Reading. Result: pass.Lower
- Jan 29Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 3874.)Passed Assembly
- Jan 26Read second time. Ordered to third reading.Minor
- Jan 22Read second time and amended. Ordered returned to second reading.Major
- Vote recorded Do pass as amended. Result: pass.Lower
- Jan 22From committee: Amend, and do pass as amended. (Ayes 11. Noes 0.) (January 22).Major
- Jan 22Assembly Rule 63 suspended. (Page 3806.)
- 2025
- May 23In committee: Hearing postponed by committee.
- Apr 23In committee: Set, first hearing. Referred to suspense file.Minor
- Mar 28Re-referred to Com. on APPR.Minor
- Mar 27Read second time and amended.Major
- Mar 26From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 12. Noes 0.) (March 25).Major
- Mar 25
- Vote recorded Do pass as amended and be re-referred to the Committee on [Appropriations]. Result: pass.Lower
- Mar 13Re-referred to Com. on JUD.Minor
- Mar 12Read second time and amended.Major
- Mar 11From committee: Amend, and do pass as amended and re-refer to Com. on JUD. with recommendation: To Consent Calendar. (Ayes 8. Noes 0.) (March 11).Major
- Vote recorded Do pass as amended, and be re-referred to the Committee on [Judiciary] with recommendation: To Consent Calendar. Result: pass.Lower
- Feb 18Referred to Coms. on PUB. S. and JUD.Minor
- Feb 7From printer. May be heard in committee March 9.
- Feb 6Read first time. To print.Introduced