California 2013-2014 Regular Session Status: To Executive

SB 131 — Damages: childhood sexual abuse: statute of limitations.

Last action — Consideration of Governor's veto stricken from file.

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

This bill died with 2013-2014 Regular Session. It reached “To Executive” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 requires that an action for recovery of damages suffered as a result of childhood sexual abuse, as defined, be commenced within 8 years of 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 sexual abuse, whichever occurs later. Existing law provides that certain actions may be commenced on and after the plaintiff's 26th birthday if the person or entity against whom the action is commenced knew or had reason to know, or was otherwise on notice, of any unlawful sexual conduct by an employee, volunteer, representative, or agent, and failed to take reasonable steps, and to implement reasonable safeguards, to avoid acts of unlawful sexual conduct in the future by that person. For a period of one year commencing January 1, 2003, existing law revived certain actions that would otherwise be barred solely because the applicable statute of limitations had expired. This bill would provide that the time limits for commencement of an action for recovery of damages suffered as a result of childhood sexual abuse shall be applied retroactively to any claim that has not been adjudicated to finality on the merits as of January 1, 2014. This bill would revive, for a period of one year, a cause of action, as specified, that would otherwise be barred by the statute of limitations as of January 1, 2014, provided that the plaintiff's 26th birthday was before January 1, 2003, and the plaintiff discovered the cause of his or her injury on or after January 1, 2004. This bill would provide that a party shall be entitled to conduct discovery before the court may rule on a motion challenging the sufficiency of the plaintiff's showing that a person or entity knew or had reason to know, or was otherwise on notice, of any unlawful sexual conduct and failed to take reasonable steps, and to implement reasonable safeguards, to avoid those acts in the future. This bill would specify that this entitlement shall not apply to a cause of action revived pursuant to these provisions.

Bill Text

Action History

  1. Consideration of Governor's veto stricken from file.

  2. In Senate. Consideration of Governor's veto pending.

  3. Vetoed by the Governor.

  4. Enrolled and presented to the Governor at 3 p.m.

  5. Assembly amendments concurred in. (Ayes 21. Noes 8. Page 2181.) Ordered to engrossing and enrolling.

  6. In Senate. Concurrence in Assembly amendments pending.

  7. Read third time. Passed. (Ayes 44. Noes 15. Page 2876.) Ordered to the Senate.

  8. Amendments by Assembly Member Wagner tabled on motion by Assembly Member Atkins. (Ayes 48. Noes 26. Page 2864.)

  9. Read second time. Ordered to third reading.

  10. From committee: Do pass. (Ayes 11. Noes 3.) (August 21).

  11. Set, first hearing. Failed passage in committee. Reconsideration granted.

  12. Re-referred to Com. on APPR.

  13. Read second time. Ordered to third reading.

  14. Read second time and amended. Ordered to second reading.

  15. From committee: Do pass as amended. (Ayes 6. Noes 1.) (June 18).

  16. Referred to Com. on JUD.

  17. In Assembly. Read first time. Held at Desk.

  18. Read third time. Passed. (Ayes 21. Noes 10. Page 1177.) Ordered to the Assembly.

  19. Read second time and amended. Ordered to third reading.

  20. From committee: Do pass as amended. (Ayes 5. Noes 1. Page 1007.) (May 23).

  21. Set for hearing May 23.

  22. Placed on APPR. suspense file.

  23. Set for hearing May 20.

  24. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  25. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1. Page 851.) (May 7). Re-referred to Com. on APPR.

  26. Set for hearing May 7.

  27. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  28. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  29. Referred to Coms. on JUD. and APPR.

  30. From printer. May be acted upon on or after February 24.

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

Sponsors

  • Beall · Primary
  • Lara · Cosponsor
  • Skinner · Cosponsor

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 119 not signed on · 8 voted No

Sponsors (1)

  • Beall

Co-sponsors (2)

  • Lara
  • Skinner

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"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

Votes

Unfinished Business SB131 Beall Concurrence

Passed 21 Yea · 8 Nay · 10 Other
Party YeaNayPresentNot Voting
Unaffiliated 197010
Democratic 2100
Total 218010
% of votes cast 54%21%0%26%
How each member voted (39)
Member Party Vote
Anderson — Nay
Beall — Yea
Hernandez — Yea
Knight — Nay
Liu — Yea
Pavley — Yea
Wright — Not Voting
Cannella — Not Voting
Wyland — Not Voting
Emmerson — Not Voting
Correa — Not Voting
Fuller — Not Voting
De León — Yea
Hancock — Yea
Corbett — Yea
Hill — Yea
Hueso — Not Voting
Block — Yea
Huff — Nay
Lara — Yea
Leno — Yea
Lieu — Not Voting
Monning — Yea
Nielsen — Not Voting
Roth — Yea
Steinberg — Yea
Torres — Yea
Vidak — Nay
Walters — Nay
Wolk — Yea
Evans — Yea
DeSaulnier — Yea
Galgiani — Not Voting
Yee — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Calderon, Lisa Democratic Nay
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

SB 131 Beall Senate Third Reading By SKINNER

Passed 44 Yea · 15 Nay · 19 Other
Party YeaNayPresentNot Voting
Unaffiliated 4012019
Democratic 3100
Republican 1200
Total 4415019
% of votes cast 56%19%0%24%
How each member voted (78)
Member Party Vote
Achadjian — Not Voting
Alejo — Not Voting
Ammiano — Yea
Bloom — Not Voting
Bradford — Yea
Brown — Not Voting
Buchanan — Not Voting
Holden — Not Voting
Jones-Sawyer — Yea
Linder — Yea
Logue — Not Voting
Maienschein — Not Voting
Mansoor — Nay
Quirk — Yea
Skinner — Yea
Weber — Yea
Frazier — Yea
Allen — Yea
Lowenthal — Yea
Gray — Yea
Atkins — Yea
Gordon — Yea
Fong — Yea
Mitchell — Yea
Hagman — Nay
John A. Pérez — Yea
Salas — Yea
Levine — Yea
Morrell — Yea
Bocanegra — Nay
Mullin — Yea
Nazarian — Yea
Chau — Yea
Chesbro — Yea
Chávez — Nay
Cooley — Yea
Dickinson — Yea
Pan — Yea
Rendon — Yea
Ting — Yea
Wagner — Nay
Waldron — Yea
Wieckowski — Yea
Williams — Yea
Gorell — Not Voting
Garcia — Not Voting
Campos — Not Voting
Bonilla — Not Voting
Harkey — Nay
Conway — Not Voting
Medina — Nay
Melendez — Not Voting
Bigelow — Not Voting
Daly — Not Voting
Eggman — Not Voting
Nestande — Nay
Olsen — Not Voting
Perea — Not Voting
Wilk — Nay
Donnelly — Nay
Fox — Yea
Gatto — Yea
Yamada — Yea
Gomez — Yea
Hall — Yea
Beth Gaines — Nay
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Nay
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

SB 131 Beall Senate Third Reading By SKINNER Amend By WAGNER Set #1 Motion to Lay on the Table By ATKINS

Passed 48 Yea · 26 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 462203
Democratic 2101
Republican 0300
Total 482604
% of votes cast 62%33%0%5%
How each member voted (78)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Ammiano — Yea
Bigelow — Nay
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Harkey — Nay
Linder — Nay
Maienschein — Nay
Nazarian — Yea
Nestande — Nay
Rendon — Yea
Wagner — Nay
Wieckowski — Yea
Conway — Nay
Gomez — Yea
Lowenthal — Yea
Garcia — Yea
Gray — Yea
Atkins — Yea
Gordon — Yea
Fong — Yea
Mitchell — Yea
Campos — Yea
Bonilla — Yea
Hagman — Nay
Hall — Yea
Holden — Yea
Jones-Sawyer — Yea
Levine — Yea
Bocanegra — Yea
Logue — Nay
John A. Pérez — Yea
Mansoor — Nay
Medina — Yea
Allen — Nay
Mullin — Yea
Chau — Yea
Chesbro — Yea
Cooley — Yea
Daly — Yea
Dickinson — Yea
Eggman — Yea
Olsen — Nay
Pan — Yea
Perea — Yea
Quirk — Yea
Skinner — Yea
Ting — Yea
Waldron — Nay
Weber — Yea
Wilk — Nay
Williams — Yea
Salas — Not Voting
Melendez — Not Voting
Morrell — Nay
Chávez — Nay
Donnelly — Nay
Fox — Not Voting
Frazier — Yea
Gatto — Nay
Yamada — Yea
Gorell — Nay
Beth Gaines — Nay
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Nay
Quirk-Silva, Sharon Democratic Not Voting
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass.

Passed 11 Yea · 3 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 10303
Democratic 1000
Total 11303
% of votes cast 65%18%0%18%
How each member voted (17)
Member Party Vote
Bigelow — Not Voting
Bradford — Yea
Holden — Not Voting
Wagner — Nay
Campos — Yea
Pan — Yea
Donnelly — Nay
Harkey — Nay
Linder — Yea
Bocanegra — Not Voting
Eggman — Yea
Quirk — Yea
Weber — Yea
Gatto — Yea
Gomez — Yea
Hall — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Do pass.

Failed 6 Yea · 4 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 6406
Democratic 0001
Total 6407
% of votes cast 35%24%0%41%
How each member voted (17)
Member Party Vote
Bradford — Yea
Linder — Not Voting
Campos — Not Voting
Gomez — Yea
Hall — Yea
Donnelly — Nay
Harkey — Nay
Holden — Not Voting
Bocanegra — Not Voting
Bigelow — Nay
Eggman — Yea
Pan — Yea
Quirk — Not Voting
Wagner — Nay
Weber — Not Voting
Gatto — Yea
Calderon, Lisa Democratic Not Voting

Official roll call →

Set first hearing. Failed passage. Reconsideration granted.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Bradford — Yea
Harkey — Yea
Linder — Yea
Gatto — Yea
Gomez — Yea
Campos — Yea
Hall — Yea
Holden — Yea
Pan — Yea
Bocanegra — Yea
Quirk — Yea
Donnelly — Yea
Eggman — Yea
Wagner — Yea
Weber — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Do pass as amended.

Passed 6 Yea · 1 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 4103
Democratic 2000
Total 6103
% of votes cast 60%10%0%30%
How each member voted (10)
Member Party Vote
Alejo — Not Voting
Maienschein — Not Voting
Stone — Yea
Chau — Yea
Wagner — Nay
Wieckowski — Yea
Dickinson — Yea
Gorell — Not Voting
Garcia, Robert Democratic Yea
Muratsuchi, Al Democratic Yea

Official roll call →

3rd Reading

Passed 21 Yea · 10 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 201006
Democratic 1002
Total 211008
% of votes cast 54%26%0%21%
How each member voted (39)
Member Party Vote
Block — Yea
Knight — Nay
Price — Yea
Steinberg — Yea
Walters — Nay
Corbett — Yea
Wyland — Yea
Emmerson — Nay
Correa — Nay
Evans — Yea
Hancock — Yea
Hernandez — Yea
Hill — Yea
De León — Yea
Huff — Nay
Anderson — Nay
Beall — Yea
Lara — Yea
Leno — Yea
Liu — Yea
Monning — Yea
Nielsen — Nay
Pavley — Yea
Roth — Yea
Torres — Yea
Wolk — Yea
Wright — Not Voting
Cannella — Not Voting
Hueso — Not Voting
Lieu — Not Voting
DeSaulnier — Yea
Fuller — Nay
Galgiani — Not Voting
Yee — Not Voting
Beth Gaines — Nay
Bill Berryhill — Nay
Calderon, Lisa Democratic Not Voting
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Not Voting

Official roll call →

Do pass as amended.

Passed 5 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4101
Democratic 1000
Total 5101
% of votes cast 71%14%0%14%
How each member voted (7)
Member Party Vote
Hill — Yea
Lara — Yea
Walters — Nay
De León — Yea
Steinberg — Yea
Beth Gaines — Not Voting
Padilla, Stephen C. Democratic Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does SB 131 do?
Existing law requires that an action for recovery of damages suffered as a result of childhood sexual abuse, as defined, be commenced within 8 years of 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 sexual abuse, whichever occurs later. Existing law provides that certain actions may be commenced on and after the plaintiff's 26th birthday if the person or entity against whom the action is commenced knew or had reason to know, or was otherwise on notice, of any unlawful sexual conduct by an employee, volunteer, representative, or agent, and failed to take reasonable steps, and to implement reasonable safeguards, to avoid acts of unlawful sexual conduct in the future by that person. For a period of one year commencing January 1, 2003, existing law revived certain actions that would otherwise be barred solely because the applicable statute of limitations had expired. This bill would provide that the time limits for commencement of an action for recovery of damages suffered as a result of childhood sexual abuse shall be applied retroactively to any claim that has not been adjudicated to finality on the merits as of January 1, 2014. This bill would revive, for a period of one year, a cause of action, as specified, that would otherwise be barred by the statute of limitations as of January 1, 2014, provided that the plaintiff's 26th birthday was before January 1, 2003, and the plaintiff discovered the cause of his or her injury on or after January 1, 2004. This bill would provide that a party shall be entitled to conduct discovery before the court may rule on a motion challenging the sufficiency of the plaintiff's showing that a person or entity knew or had reason to know, or was otherwise on notice, of any unlawful sexual conduct and failed to take reasonable steps, and to implement reasonable safeguards, to avoid those acts in the future. This bill would specify that this entitlement shall not apply to a cause of action revived pursuant to these provisions.
Who sponsors SB 131?
SB 131 is sponsored by Beall, Lara, and Skinner.
What is the current status of SB 131?
This bill died with 2013-2014 Regular Session. It reached “To Executive” 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 131?
Track SB 131 free on One Click Politics — get push/email alerts when it moves.

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