California 2019-2020 Regular Session Status: Enacted 1 D cosponsors

AB 3092 — Sexual assault and other sexual misconduct: statutes of limitations on civil actions.

Last action — Chaptered by Secretary of State - Chapter 246, Statutes of 2020.

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

This bill has been enacted into law. Introduced February 21, 2020. Enacted.

Prognosis

Likely to advance 76% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    1 primary, 2 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law sets the time for commencement of any civil action for recovery of damages suffered as a result of sexual assault, as defined, to the later of within 10 years from the date of the last act, attempted act, or assault with intent to commit an act, of sexual assault by the defendant against the plaintiff or within 3 years from the date the plaintiff discovers or reasonably should have discovered that an injury or illness resulted from an act, attempted act, or assault with intent to commit an act, of sexual assault by the defendant against the plaintiff. However, existing law revives claims for damages of more than $250,000 arising out of a sexual assault or other inappropriate contact, communication, or activity of a sexual nature by a physician occurring at a student health center between January 1, 1988, and January 1, 2017, that would otherwise be barred prior to January 1, 2020, solely because the applicable statute of limitations has or had expired, and would authorize a cause of action to proceed if already pending in court on October 2, 2019, or, if not filed by that date, to be commenced between January 1, 2020, and December 31, 2020. This law is not applicable to a public entity. This bill would revive claims for damages arising out of a sexual assault or other inappropriate contact, communication, or activity of a sexual nature by a physician while employed by a medical clinic owned and operated by the University of California, Los Angeles, or a physician who held active privileges at a hospital owned and operated by the University of California, Los Angeles, at the time that the sexual assault or other inappropriate contact, communication, or activity of a sexual nature occurred, between January 1, 1983, and January 1, 2019, that would otherwise be barred before January 1, 2021, solely because the applicable statute of limitations has or had expired, and would authorize a cause of action to proceed if already pending in court on January 1, 2021, or, if not filed by that date, to be commenced between January 1, 2021, and December 31, 2021. This bill would make legislative findings and declarations as to the necessity of a special statute for the University of California.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 246, Statutes of 2020.

  2. Approved by the Governor.

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

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 70. Noes 0. Page 5357.).

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 4403.).

  7. Read second time. Ordered to third reading.

  8. From committee: Do pass. (Ayes 5. Noes 0.) (August 20).

  9. In committee: Referred to APPR. suspense file.

  10. From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (August 13). Re-referred to Com. on APPR.

  11. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

  12. Referred to Com. on JUD.

  13. In Senate. Read first time. To Com. on RLS. for assignment.

  14. Read third time. Passed. Ordered to the Senate. (Ayes 70. Noes 1. Page 4777.)

  15. Read second time. Ordered to third reading.

  16. From committee: Do pass. (Ayes 15. Noes 0.) (June 3).

  17. In committee: Set, first hearing. Referred to APPR. suspense file.

  18. From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (May 11). Re-referred to Com. on APPR.

  19. Re-referred to Com. on JUD.

  20. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  21. Referred to Com. on JUD.

  22. Read first time.

  23. From printer. May be heard in committee March 23.

  24. Introduced. To print.

Sponsors

  • Buffy Wicks · Primary
  • Chiu · Cosponsor
  • Leyva · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 2 co-sponsors · 119 not signed on

Sponsors (1)

Co-sponsors (2)

  • Chiu
  • Leyva

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

Passed 70 Yea · 0 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 45006
Democratic 21001
Republican 4002
Total 70009
% of votes cast 89%0%0%11%
How each member voted (79)
Member Party Vote
Jones-Sawyer — Yea
Levine — Yea
Mayes — Yea
Weber — Yea
Mullin — Yea
Gray — Yea
Salas — Yea
Cunningham — Yea
Bigelow — Yea
O'Donnell — Yea
Rendon — Yea
Bloom — Yea
Gonzalez — Yea
Maienschein — Yea
Ting — Yea
Cooper — Yea
Kamlager — Yea
Nazarian — Yea
Brough — Yea
Fong — Yea
Friedman — Yea
Low — Yea
Diep — Yea
Cooley — Yea
Santiago — Yea
Chau — Yea
Waldron — Yea
Burke — Yea
Mathis — Yea
Kiley — Yea
Medina — Yea
Gloria — Yea
McCarty — Yea
Chiu — Yea
Quirk — Yea
Daly — Yea
Wood — Yea
Rodriguez — Yea
Holden — Yea
Smith — Yea
Eggman — Not Voting
Chu — Not Voting
Obernolte — Not Voting
Frazier — Not Voting
Voepel — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Not Voting
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 10000
Unaffiliated 26001
Republican 2001
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Bradford — Yea
Morrell — Yea
Hill — Yea
Hertzberg — Yea
Melendez — Yea
Wieckowski — Yea
Portantino — Yea
Monning — Yea
Bates — Yea
Nielsen — Yea
Chang — Yea
Skinner — Yea
Hueso — Yea
Pan — Yea
Borgeas — Yea
Rubio — Yea
Dodd — Yea
Wilk — Yea
Allen — Yea
Roth — Yea
Leyva — Yea
Atkins — Yea
Mitchell — Yea
Beall — Yea
Galgiani — Yea
Glazer — Yea
Moorlach — Not Voting
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Not Voting

Official roll call →

Do pass

Passed 5 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 5001
Republican 0001
Total 5002
% of votes cast 71%0%0%29%
How each member voted (7)
Member Party Vote
Portantino — Yea
Bradford — Yea
Hill — Yea
Leyva — Yea
Wieckowski — Yea
Bates — Not Voting
Jones, Brian W. Republican Not Voting

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 1000
Unaffiliated 6000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Wieckowski — Yea
Leyva — Yea
Bates — Yea
Hill — Yea
Bradford — Yea
Portantino — Yea
Jones, Brian W. Republican Yea

Official roll call →

Passed 8 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 3001
Democratic 5000
Total 8001
% of votes cast 89%0%0%11%
How each member voted (9)
Member Party Vote
Monning — Yea
Wieckowski — Yea
Borgeas — Yea
Melendez — Not Voting
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Jackson, Corey A. Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea

Official roll call →

Passed 70 Yea · 1 Nay · 8 Other
Party YeaNayPresentNot Voting
Democratic 22000
Unaffiliated 44106
Republican 4002
Total 70108
% of votes cast 89%1%0%10%
How each member voted (79)
Member Party Vote
Holden — Yea
Maienschein — Yea
Friedman — Yea
Cooper — Yea
Smith — Yea
Kiley — Yea
Brough — Yea
Nazarian — Yea
Weber — Yea
Rendon — Yea
Rodriguez — Yea
McCarty — Yea
Low — Yea
Bloom — Yea
Burke — Yea
Daly — Yea
Cooley — Yea
Gloria — Yea
Mullin — Yea
Salas — Yea
Fong — Yea
Levine — Yea
Eggman — Yea
Medina — Yea
Waldron — Yea
Gonzalez — Yea
Wood — Yea
Kamlager — Yea
O'Donnell — Yea
Chiu — Yea
Chu — Yea
Cunningham — Yea
Jones-Sawyer — Yea
Ting — Yea
Gray — Yea
Chau — Yea
Santiago — Yea
Frazier — Yea
Mayes — Yea
Voepel — Nay
Quirk — Not Voting
Mathis — Not Voting
Obernolte — Not Voting
Diep — Not Voting
Bigelow — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass.

Passed 15 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democratic 6000
Unaffiliated 8003
Republican 1000
Total 15003
% of votes cast 83%0%0%17%
How each member voted (18)
Member Party Vote
Fong — Yea
McCarty — Yea
Chau — Yea
Bloom — Yea
Eggman — Yea
Gonzalez — Yea
Diep — Not Voting
Voepel — Not Voting
Bigelow — Not Voting
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bauer-Kahan, Rebecca Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gabriel, Jesse Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Rivas, Robert Democratic Yea
Dahle, Megan Republican Yea

Official roll call →

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 2000
Unaffiliated 7001
Republican 1000
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Holden — Yea
Maienschein — Yea
Chiu — Yea
Chau — Yea
Kiley — Yea
Gonzalez — Yea
Obernolte — Not Voting
Mark Stone — Yea
Kalra, Ash Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 3092 do?
Existing law sets the time for commencement of any civil action for recovery of damages suffered as a result of sexual assault, as defined, to the later of within 10 years from the date of the last act, attempted act, or assault with intent to commit an act, of sexual assault by the defendant against the plaintiff or within 3 years from the date the plaintiff discovers or reasonably should have discovered that an injury or illness resulted from an act, attempted act, or assault with intent to commit an act, of sexual assault by the defendant against the plaintiff. However, existing law revives claims for damages of more than $250,000 arising out of a sexual assault or other inappropriate contact, communication, or activity of a sexual nature by a physician occurring at a student health center between January 1, 1988, and January 1, 2017, that would otherwise be barred prior to January 1, 2020, solely because the applicable statute of limitations has or had expired, and would authorize a cause of action to proceed if already pending in court on October 2, 2019, or, if not filed by that date, to be commenced between January 1, 2020, and December 31, 2020. This law is not applicable to a public entity. This bill would revive claims for damages arising out of a sexual assault or other inappropriate contact, communication, or activity of a sexual nature by a physician while employed by a medical clinic owned and operated by the University of California, Los Angeles, or a physician who held active privileges at a hospital owned and operated by the University of California, Los Angeles, at the time that the sexual assault or other inappropriate contact, communication, or activity of a sexual nature occurred, between January 1, 1983, and January 1, 2019, that would otherwise be barred before January 1, 2021, solely because the applicable statute of limitations has or had expired, and would authorize a cause of action to proceed if already pending in court on January 1, 2021, or, if not filed by that date, to be commenced between January 1, 2021, and December 31, 2021. This bill would make legislative findings and declarations as to the necessity of a special statute for the University of California.
Who sponsors AB 3092?
AB 3092 is sponsored by Wicks, Buffy (Democratic), Chiu, and Leyva.
What is the current status of AB 3092?
This bill has been enacted into law. Introduced February 21, 2020. Enacted.
Where can I track AB 3092?
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