CaliforniaSexual assault: statute of limitations.
What it does
Existing law revives certain claims seeking to recover damages suffered as a result of a sexual assault that occurred on or after the plaintiff's 18th birthday when one or more entities are legally responsible for damages and the entity or their agents engaged in a cover up, as defined, that would otherwise be barred prior to January 1, 2023, solely because the applicable statute of limitations has or had expired. Existing law authorizes a cause of action for any such claim to proceed if already pending in court on January 1, 2023, or, if not filed by that date, to be commenced between January 1, 2023, and December 31, 2023. Existing law revives such claims brought by a plaintiff who alleges all of the following: (1) the plaintiff was sexually assaulted, (2) one or more entities are legally responsible for damages arising out of the assault, and (3) the entity or entities engaged in a cover up or attempted cover up, as defined, of a previous instance or allegations of sexual assault.
More detail
This bill would extend the eligibility period for revival of claims of the type described above to include claims that would otherwise be barred prior to January 1, 2026, because the applicable statute of limitations has or had expired. The bill would instead require a revived claim against an entity, as defined, to allege that the plaintiff was sexually assaulted and that (1) one or more entities or persons are legally responsible for damages arising out of sexual assault by an alleged perpetrator against the plaintiff, and (2) an entity or entities, including their specified representatives, engaged in a cover up or attempted a cover up of a previous instance or allegations of sexual assault by an alleged perpetrator. The bill would additionally revive a claim against the person who committed the sexual assault brought by a plaintiff who alleges, among other things, that one or more entities or persons are legally responsible for damages arising out of the sexual assault. The bill would specify that failure to allege a cover up as to one entity does not affect revival of a claim or claims against any other entity or person, including the perpetrator. The bill would permit a cause of action for any such claim to proceed if already pending in court on the effective date of the bill or, if not filed by that date, to be commenced between January 1, 2026, and December 31, 2027. The bill would exempt public entities from these provisions and would provide that public entities are not required to indemnify perpetrators of sexual assault, as specified. The bill would make conforming changes.
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Where it stands
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2025
- Oct 13Chaptered by Secretary of State - Chapter 682, Statutes of 2025.Latest
- Oct 13Approved by the Governor Gavin Newsom.Became Law
- Sep 22Enrolled and presented to the Governor at 3 p.m.To Governor
- Sep 11
- Vote recorded AB 250 Aguiar-Curry Concurrence in Senate Amendments. Result: pass.Lower
- Sep 10Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 62. Noes 5. Page 3213.).Major
- Sep 9In Assembly. Concurrence in Senate amendments pending.
- Vote recorded 3rd Reading AB250 Aguiar-Curry By Laird. Result: pass.Upper
- Sep 9Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 6. Page 2676.).Passed Senate
- Sep 8Read second time. Ordered to third reading.Minor
- Sep 5Read third time and amended. Ordered to second reading.Major
- Sep 2Read second time. Ordered to third reading.Minor
- Aug 29Read second time and amended. Ordered returned to second reading.Major
- Vote recorded Do pass as amended. Result: pass.Upper
- Aug 29From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 29).Major
- Jul 14In committee: Referred to APPR. suspense file.Minor
- Vote recorded Placed on suspense file. Result: pass.Upper
- Jul 2From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (July 1). Re-referred to Com. on APPR.Minor
- Jul 1
- Vote recorded Do pass, but first be re-referred to the Committee on [Appropriations]. Result: pass.Upper
- Jun 11Referred to Coms. on JUD. and APPR.Minor
- May 29In Senate. Read first time. To Com. on RLS. for assignment.Minor
- Vote recorded AB 250 Aguiar-Curry Assembly Third Reading. Result: pass.Lower
- May 29Read third time. Passed. Ordered to the Senate. (Ayes 56. Noes 2. Page 1782.)Passed Assembly
- May 27Read second time. Ordered to third reading.Minor
- May 23From committee: Do pass. (Ayes 11. Noes 1.) (May 23).Minor
- Vote recorded Do pass. Result: pass.Lower
- Apr 9In committee: Set, first hearing. Referred to APPR. suspense file.Minor
- Mar 11From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 2.) (March 11). Re-referred to Com. on APPR.Minor
- Vote recorded Do pass and be re-referred to the Committee on [Appropriations]. Result: pass.Lower
- Feb 10Referred to Com. on JUD.Minor
- Jan 16From printer. May be heard in committee February 15.
- Jan 15Read first time. To print.Introduced