Public entities.

Actions subject to these time limits include actions for liability against any person or entity who owed a duty of care to the plaintiff and an action for liability against any person or entity for an intentional act that was the legal cause of the childhood sexual assault. Existing law provides that in actions against entities for violation of a duty of care, the plaintiff must establish that the entity acted wrongfully or negligently.

This bill would shorten the amount of time a victim of childhood sexual assault that occurred before January 1, 2024, would have to file a specified action to 22 years from the date the plaintiff attains the age of 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 the sexual assault, whichever period expires later. The bill would, for actions seeking damages for childhood sexual assault that occurred before January 1, 2024, and filed on or after January 1, 2026, against a public entity, or one of its employees or agents, by a plaintiff who is 40 years of age or older, require the plaintiff to prove by clear and convincing evidence that the public entity knew of misconduct that resulted in childhood sexual assault and failed to take reasonable steps or implement safeguards to avoid it, as specified, and that the public entity negligently discharged a mandatory duty. For these cases, the bill would also require the court to review specified factors when adjudicating motions for remittitur and would authorize a court to structure judgments against public entities so that they could be paid over time.

(2) For actions for recovery of damages suffered as a result of childhood sexual assault, existing law requires a plaintiff 40 years of age or older at the time the action is filed to file certificates of merit executed by the plaintiff's attorney and a mental health practitioner setting forth specified information. Existing law provides that the failure to file certificates in accordance with these provisions is grounds for a demurrer.

This bill would instead require the certificates to be filed concurrently with the complaint and would prohibit a court clerk from accepting the filing of a complaint that lacks the certificates, except as specified. Additionally, the bill would require the certificates of merit to declare that the plaintiff's attorney is licensed to practice law in California and is in good standing with the State Bar.

(3) Existing law authorizes a victim of childhood sexual assault who proves it was as the result of a cover up, as defined, to recover up to treble damages against the defendant who is found to have covered up the sexual assault, unless prohibited by another law.

This bill would prohibit such treble damages from being imposed against a defendant that is a public entity.

(4) Existing law prescribes the powers and duties of local legislative bodies. Under existing law, if a statute requires a local agency to take legislative action by resolution, and the local agency's charter requires it to take legislative action by ordinance, action by ordinance is compliant with the statute for all purposes.

On or before December 1, 2027, this bill would require a local governmental body and a local educational agency, as those terms are defined, to each adopt codes of conduct and a sexual assault prevention plan that promote a safe environment for minors, as specified. The bill would require a local governmental body and a local educational agency to each adopt written policies, plans, or specifications regarding how grooming and sexual abuse concerns and risks will be reported. The bill would require a local governmental body to submit a copy of its adopted codes of conduct to the Attorney General on or before January 1, 2028, and would require the Attorney General to issue a report to the relevant policy committees of the Legislature on or before January 1, 2029, that lists, among other things, each local governmental body or local educational agency that has or has not complied with the requirements prescribed by this bill. The bill would provide that if a local governmental body or local educational agency is licensed or certified by a state agency to provide care or services to minors, the codes of conduct the agency must draft may not supersede the state laws or regulations enforced by the licensing or certifying agency. By imposing new duties on local governments, this bill would impose a state-mandated local program.

(5) The State Bar Act provides for the licensure and regulation of attorneys by the State Bar of California (State Bar), a public corporation governed by a board of trustees. Existing law subjects an attorney to discipline by the State Bar for violating the rules of professional conduct, among other acts, and it also subjects an attorney to civil penalties or criminal sanctions, including for unlawful solicitation, as specified.

This bill would subject an attorney who brings a civil claim alleging childhood sexual assault in bad faith, as defined, to a civil penalty of $25,000 per violation. The bill would additionally authorize the Attorney General, a city attorney, or a county counsel to enforce those provisions. The bill would entitle a prevailing plaintiff in an action seeking this civil penalty to an award of reasonable attorney's fees and costs.

(6) Existing law makes the personnel records of peace officers and custodial officers confidential and not disclosable in any criminal or civil proceeding except through discovery, as specified. This limitation does not apply to investigations or proceedings concerning the conduct of such officers that are conducted by specified entities, such as a grand jury, a district attorney, or the Commission on Peace Officer Standards and Training.

Beginning January 1, 2028, this bill would also exclude an investigation or proceeding conducted by the Division of the Ombudsperson of the Office of Youth and Community Restoration from this limitation.

(7) In a civil action for personal injury, property damage, or wrongful death, existing law prohibits the joint liability of each defendant for noneconomic damages, as defined. Existing law requires each defendant in such an action to be liable only for the amount of noneconomic damages allocated to that defendant in direct proportion to that defendant's percentage of fault.

In a civil action filed on or after January 1, 2027, alleging personal injury, property damage, or wrongful death against a public entity, this bill would also prohibit the joint liability of each public entity defendant for economic damages, as defined, unless the public entity is found to be more than 15% at fault.

(8) Under existing law, bonds, warrants, contracts, obligations, and evidences of indebtedness, for the purpose of validating proceedings, are deemed to be in existence upon their authorization, as specified.

This bill would provide that, for purposes of determining the validity of refunding bonds to refund a tort action judgment entered against a public agency, as specified, indebtedness is deemed to be in existence on the date of adoption by the governing body of the public agency of a resolution or ordinance, as specified.

(9) Existing law permits a defendant or a cross-defendant in a civil proceeding under the Government Claims Act, or in any civil action for indemnity or contribution, to seek from the court, at the time of the granting of a motion for summary judgment, directed verdict, motion for judgment in a nonjury trial, or nonsuit dismissing the moving party other than the plaintiff, petitioner, cross-complainant, or intervenor, a determination of whether the plaintiff, petitioner, cross-complainant, or intervenor brought their proceeding in good faith and with reasonable cause. If the court determines that the proceeding was not brought in good faith or with reasonable cause, existing law requires the court to decide the reasonable and necessary defense costs incurred by the party opposing the proceeding and to render judgment in favor of that party. Existing law applies these provisions only if the defendant or cross-defendant has made a motion for summary judgment, a motion for directed verdict, a motion for judgment in a nonjury trial, or nonsuit.

This bill would expand the above provision to apply to a motion for judgment on the pleadings or a demurrer brought by a defendant or cross-defendant. The bill would require a motion brought by a defendant or cross-defendant to identify the specific plaintiffs for which the court's determination, as described above, is sought. The bill would also prohibit an award of defense costs under these provisions against an attorney from being passed on to a client as a litigation cost.

(10) Existing law, the California School Finance Authority Act, authorizes a participating party, as defined, in connection with securing financing or refinancing of a project, or working capital, as defined, to elect to provide for funding payments of bonds issued by the California School Finance Authority and related obligations by electing to participate in a state or local intercept, or both, by an action of its governing board. Existing law requires the Controller, the county treasurer, or other appropriate county fiscal officer, as applicable, upon receipt of written notice provided by the participating party, to make an apportionment or revenue transfer from specified moneys designated for apportionment to the participating party.

This bill would provide a similar authorization to a participating party, as defined, in connection with securing financing, refinancing, or refunding of a public debt obligation, as defined, to elect to provide for funding payments of the public debt obligation by electing to participate in a state or local intercept, or both, by an action of its governing board. The bill would require the Controller, the county treasurer, or other appropriate county fiscal officer, as applicable, upon receipt of written notice provided by the participating party, to make an apportionment or revenue transfer from specified moneys designated for apportionment to the participating party, as provided. The bill would authorize, and not require, a county to participate in local intercepts under these provisions. The bill would require a participating party to certify the payment schedule, as specified. By expanding the crime of perjury, this bill would impose a state-mandated local program.

(11) Existing law authorizes the governing board of a school district that determines during a fiscal year that its revenues are less than the amount necessary to meet its current year expenditure obligations to request an emergency apportionment through the Superintendent of Public Instruction, subject to specified requirements. Existing law prescribes the financing conditions on emergency apportionments, including a requirement for a school district to develop a schedule to repay the emergency loan, which the county superintendent of schools is required to review, comment on, and submit to the Superintendent for approval.

Existing law authorizes emergency apportionments to be provided through an interim loan from the General Fund and lease financing to be made available by the California Infrastructure and Economic Development Bank, which is authorized to issue bonds for purposes of the emergency apportionments and related costs. Existing law prohibits the term of the lease from exceeding 20 years, except as specified. Existing law authorizes, as an alternative to lease financing, emergency apportionments to be provided from the General Fund. Existing law requires the emergency apportionment to be repaid within 20 years.

This bill would require the school district to consult the county superintendent of schools and the County Office Fiscal Crisis and Management Assistance Team in developing the repayment schedule and would require the county superintendent of schools to submit the repayment schedule to the Department of Finance, instead of the Superintendent, for approval. The bill would extend the maximum term of a lease or for repayment of an emergency apportionment to 30 years. The bill would require the determination of the term to be made by the Department of Finance, in consultation with the school district, the county superintendent of schools, the Superintendent, and the County Office Fiscal Crisis and Management Assistance Team and would require the determination to take into consideration specified factors. To the extent the bill imposes new duties on county superintendents of schools, the bill would impose a state-mandated local program.

(12) Existing law allows the Attorney General to assign an investigator upon request of a district attorney, sheriff, or chief of police, in any crime of statewide importance.

This bill would require the Attorney General to investigate claims of systemic and longstanding sexual abuse of minors in specified juvenile detention centers operated by the County of Los Angeles and reports of fraudulent claims of sexual abuse of minors in, among others, the County of Los Angeles and the City of Santa Monica. The bill would require the Attorney General, by June 30, 2029, to prepare and submit a report to the Legislature summarizing their investigative findings pursuant to these provisions. The bill would make these reporting provisions inoperative on January 1, 2031.

(13) Existing law, the Child Abuse and Neglect Reporting Act, establishes procedures for the reporting and investigation of suspected child abuse or neglect. The act requires certain professionals, including specified health practitioners and social workers, known as "mandated reporters," to report known or reasonably suspected child abuse or neglect to a local law enforcement agency or a county welfare or probation department, as specified. Failure by a mandated reporter to report an incident of known or reasonably suspected child abuse or neglect is a misdemeanor. Existing law strongly encourages an employer of specific types of mandated reporters, and requires an employer of other types of mandated reporters, including an adult person whose duties require direct contact with and supervision of minors in performance of the minors' duties in the workplace, as specified, to provide their employees who are mandated reporters with training about their duties as a mandated reporter. Existing law requires that training to include training in child abuse and neglect identification.

This bill would expand the list of employers that are required to provide this training to include those who employ, among others, peace officers, probation officers, and social workers, and would require that training to also include grooming behavior and sexual abuse risks. The bill would define "grooming behavior" for these purposes to mean a behavior that seeks to prepare, induce, or persuade a minor to engage in sexual activity or another form of exploitation. The bill would require an employer who is required to provide their employees with this training to ensure the employees take the training at least once every 2 years. By imposing new training requirements on local employees, this bill would impose a state-mandated local program.

(14) Existing law establishes the California Child Welfare Council to serve as an advisory body responsible for improving the collaboration and processes of the multiple agencies and the courts that serve the children and youth in the child welfare and foster care systems. Existing law requires the council to monitor and report the extent to which child welfare and foster care programs and the courts are responsive to the needs of children in their joint care and issue advisory reports, no less frequently than annually, to the Governor, the Legislature, the Judicial Council, and the public.

This bill would require the council, on or before July 1, 2028, to issue an advisory report that includes recommendations for policy changes that could aid in the prevention of sexual assault of minors in the custody or temporary care of public agencies or their contracted caregivers. The bill would require the council to transmit that report to the Governor and the Legislature, and make the report publicly available on a public-facing internet website.

This bill would make these provisions inoperative on December 1, 2028, and would repeal those provisions as of January 1, 2029.

(15) Existing law establishes the Office of the State Foster Care Ombudsperson within the State Department of Social Services, and prescribes certain powers for the office relating to the management of foster children, including receiving complaints made by or on the behalf of children in foster care and the dissemination of information on the rights of children and youth in foster care. Existing law requires the office to compile and make available to the Legislature all specified data collected over the course of the year, including the number, type, and source of complaints made.

This bill would require the office, on or before July 1, 2028, to develop a specified plan to strengthen independent oversight, monitoring, safety, and rights protections for children and nonminor dependents in foster care who are at risk of sexual abuse, grooming, exploitation, trafficking, or retaliation. The bill would require the office to submit a report, as specified, to the Legislature, by February 1, 2029, and publish the report on its internet website.

This bill would require the department, on or before March 1, 2028, to issue guidance to children's residential facilities that identifies best practices for preventing sexual abuse in such facilities. The bill would require all such facilities, on or before July 1, 2029, to have program statements that address responses to reports of sexual abuse, grooming, sexual exploitation, trafficking, retaliation, or interference when sexual abuse is alleged or suspected.

(16) Existing law authorizes the State Department of Social Services to establish regulations for periodic inspections for various facilities, including foster family homes or certified family homes. Existing law specifies that every licensed community care facility, except for foster family homes, is subject to unannounced inspections by the department.

This bill would require the department to place a children's residential facility, as defined, on enhanced monitoring, as specified, for not less than 12 months if 2 or more credible allegations within a 12-month period or 1 substantiated allegation are made involving certain conduct, including sexual abuse, grooming, sexual exploitation, or retaliation. The bill would require the department to, by January 10, 2028, and each year thereafter, update the Legislature regarding sexual safety in children's residential facilities. The bill would require the department to make these annual reports available on its public internet website.

(17) Existing law establishes the Office of Youth and Community Restoration within the California Health and Human Services Agency. The office's mission is to promote trauma responsive, culturally informed services for youth involved in the juvenile justice system that support the youths' successful transition into adulthood and help them become responsible, thriving, and engaged members of their communities. Existing law establishes the Board of State and Community Corrections to provide statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in California's adult and juvenile criminal justice system.

This bill would require the office and the board to develop a plan to establish an oversight structure that ensures protections for youth in juvenile halls, camps, secure youth treatment facilities and other juvenile justice settings that are comparable to youth placed in licensed children's residential facilities. The bill would require the office and board to submit the plan to the Legislature on or before July 1, 2028, and to implement the plan on or before July 1, 2030.

This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles.

This bill would incorporate additional changes to Section 11165.7 of the Penal Code proposed by AB 2478 to be operative only if this bill and AB 2478 are enacted and this bill is enacted last.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.