New Laws Impacting California Risk Pools in 2024

CAJPA follows hundreds of legislative bills each session that have potential impact on members. In this eblast, we wanted to highlight two bills that were signed by Governor Newsom. 

SB 558 (Rubio) – Civil Actions: Childhood Sexual Abuse
Signed into law by Governor Newsom, this bill further expands the definition of childhood sexual assault (previously expanded by AB 218) to include childhood sexual assault material (CSAM) for CSA that occurs before January 1, 2024:

• Expands the definition of sexual assault to include obscene matter depicting minors engaged in or simulating sexual conduct - think sexting and electronic transmission of photographs.
  
• Allows for claims based on CSAM to be filed up to the age of 40, or within 10 years of the date the plaintiff discovers the existence of obscene matter.

Although child safety is always a top priority for CAJPA and its members, CAJPA opposed SB 558 as the bill creates retroactive liability and revives expired claims against an employer, including school districts, community colleges, public agencies, and others, where there has been a claim against an employee of that organization for penal code violations that involved alleged child sexual abuse materials (CSMA) prior to January 1, 2024.  This bill was amended into its current form at the very end of the legislative session which resulted in little opportunity for CAJPA and other opponents to attempt to clarify a variety of ambiguities or unknowns created by this bill including, for example, whether it applies to activities that only involve student(s).  Opponents to SB 558 shared concerns about the inconsistency of the bill language with federal law, ambiguous language, and the far back reaching time for claims. CAJPA will continue to support future efforts to secure clarification on implementation of this legislation and its potential impact to public agencies to hopefully avoid having some of these issues resolved through litigation. 

AB 452 (Addis) – Child Sexual Assault:  Statute of Limitations
Current law requires that specified actions for recovery of damages suffered because of childhood sexual assault, as defined, be commenced within 22 years of the date the plaintiff attains the age of majority (18) or within 5 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 occurs later. 

Current law prohibits certain of those actions from commencing on or after the plaintiff’s 40th birthday unless the person or entity knew or had reason to know, or was otherwise on notice, of any misconduct that creates a risk of childhood sexual assault by an employee, volunteer, representative, or agent, or the person or entity failed to take reasonable steps or to implement reasonable safeguards to avoid acts of childhood sexual assault, as specified. 

As of January 1, 2024, the law pertaining to these claims has changed as follows:    

• Time limits for the commencement of actions for the recovery of damages suffered because of childhood sexual assault have been eliminated for any alleged assault that occurs on or after January 1, 2024. 
• Eliminates the prohibition on certain actions proceeding on or after the plaintiff’s 40th birthday unless specified conditions are met. 

CAJPA respectfully opposed AB 452 which will eliminate the statute of limitations to bring a civil action against an employer, including school districts, public agencies, and others, where there has been a claim against an employee of that organization for alleged child sexual assault that occurs on or after January 1, 2024. CAJPA worked diligently with the author’s office to ensure that this bill would at least only address prospective occurrences and not be retroactive.  

2024 is the second year of a two-year legislative session. The Legislature reconvenes on January 3, 2024. With the upcoming November elections, this will certainly be a lively year for legislative activities. CAJPA Legislative Committee will be monitoring all bills that may impact members and will update members as bills move through the Legislature.