This bill makes several distinct changes to the law in order to ease various procedural restrictions on bringing civil claims based on allegations of sexual assault by a law enforcement office while the officer was employed by a law enforcement agency.
First, it exempts these claims from the presentation requirements under the Government Claims Act. Generally, any claim against a government agency for death or injury to a person must be presented as a tort claim within 6 months. Under AB 1455, claims for sexual assault by a law enforcement officer while the officer was employed by a law enforcement are no longer subject to this restriction.
Second, the bill extends the statute of limitations for these claims. Under existing law, a civil action for damages as a result of sexual assault must be brought within 10 years after the last act or attempted act, or assault with intent to commit a sexual assault, or within 3 years from the date the plaintiff discovers that an injury or illness resulted. Under AB 1455, so long as the alleged assault occurred on or after the plaintiff’s 18th birthday and while the officer was employed by a law enforcement agency, the statute of limitations is instead the later of the following:
- 10 years after the date of judgment against the officer in a criminal case arising out of the same operative facts, if a crime of sexual assault was alleged in the criminal case; or
- 10 years after the officer is no longer employed by the law enforcement agency that employed the officer when the alleged sexual assault occurred.
Third, the bill revives any claim based on alleged sexual assault by a law enforcement officer that occurred on or after the plaintiff’s 18th birthday and while the officer was employed by a law enforcement agency, that has not already been litigated or settled and that would otherwise be barred by a statute of limitations or claims presentation deadline. Such a claim may be commenced notwithstanding the revived statute of limitations discussed above, if it is filed within 10 years after the last act or attempted act, or assault with intent to commit a sexual assault, or within 3 years from the date the plaintiff discovers that an injury or illness resulted.
(AB 1455 adds Section 945.9 to the Government Code.)
