California 2009-2010 Regular Session Status: In Committee

SB 881 — Government tort claims: incarcerated plaintiffs.

Last action — From committee without further action.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law provides for the liability and immunity of a public entity or public employee for acts or omissions that cause injury to persons. Under existing law, a public entity is not liable for an injury proximately caused by any prisoner or an injury to any prisoner. "Prisoner" is defined for these purposes to include an inmate of the state prison, a county jail, or a penal or correctional facility. Existing law further provides that neither a public entity nor a public employee is liable for failure to provide a prison, jail, or penal or correctional facility or, if the facility is provided, for failure to provide sufficient equipment, personnel, or facilities therein. This bill would exempt from liability a public entity and its officers, employees, and agents acting within the course and scope of their employment or duties for a claim for injury arising out of an act or omission within the course and scope of employment, if the claimant, at the time the claim arises, is an inmate, ward, or prisoner at the state prison, a county jail, or any detention center, juvenile correctional center, adult or juvenile conservation camp, or other similar institution, or a parolee, regardless of when the claim is filed, unless the officer, employee, or agent acted with wanton and willful misconduct.

Bill Text

Action History

  1. From committee without further action.

  2. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on JUD.

  3. To Com. on JUD.

  4. From print. May be acted upon on or after February 13.

  5. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Harman · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Harman

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety civil-rights
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Frequently asked questions

What does SB 881 do?
Existing law provides for the liability and immunity of a public entity or public employee for acts or omissions that cause injury to persons. Under existing law, a public entity is not liable for an injury proximately caused by any prisoner or an injury to any prisoner. "Prisoner" is defined for these purposes to include an inmate of the state prison, a county jail, or a penal or correctional facility. Existing law further provides that neither a public entity nor a public employee is liable for failure to provide a prison, jail, or penal or correctional facility or, if the facility is provided, for failure to provide sufficient equipment, personnel, or facilities therein. This bill would exempt from liability a public entity and its officers, employees, and agents acting within the course and scope of their employment or duties for a claim for injury arising out of an act or omission within the course and scope of employment, if the claimant, at the time the claim arises, is an inmate, ward, or prisoner at the state prison, a county jail, or any detention center, juvenile correctional center, adult or juvenile conservation camp, or other similar institution, or a parolee, regardless of when the claim is filed, unless the officer, employee, or agent acted with wanton and willful misconduct.
Who sponsors SB 881?
SB 881 is sponsored by Harman.
What is the current status of SB 881?
This bill died with 2009-2010 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 881?
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Last checked for changes 3 months ago · updated continuously

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