Sexual assault and other sexual misconduct: statutes of limitations on civil actions.
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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.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 21, 2020. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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3 sponsors
1 primary, 2 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 D).
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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
- Chaptered 09/29/20 - Chaptered Current pdf September 29, 2020
- Enrolled 09/01/20 - Enrolled pdf September 01, 2020
- Amended 07/07/20 - Amended Senate pdf July 07, 2020
- Amended 05/04/20 - Amended Assembly pdf May 04, 2020
- Introduced 02/21/20 - Introduced pdf February 21, 2020
- AB3092 View text html
Action History
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Chaptered by Secretary of State - Chapter 246, Statutes of 2020.
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Approved by the Governor.
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Enrolled and presented to the Governor at 3 p.m.
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Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 70. Noes 0. Page 5357.).
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In Assembly. Concurrence in Senate amendments pending.
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Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 4403.).
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Read second time. Ordered to third reading.
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From committee: Do pass. (Ayes 5. Noes 0.) (August 20).
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In committee: Referred to APPR. suspense file.
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From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (August 13). Re-referred to Com. on APPR.
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From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
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Referred to Com. on JUD.
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In Senate. Read first time. To Com. on RLS. for assignment.
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Read third time. Passed. Ordered to the Senate. (Ayes 70. Noes 1. Page 4777.)
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Read second time. Ordered to third reading.
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From committee: Do pass. (Ayes 15. Noes 0.) (June 3).
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In committee: Set, first hearing. Referred to APPR. suspense file.
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From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (May 11). Re-referred to Com. on APPR.
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Re-referred to Com. on JUD.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
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Referred to Com. on JUD.
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Read first time.
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From printer. May be heard in committee March 23.
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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)
- Wicks, Buffy Democratic
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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 45 | 0 | 0 | 6 |
| Democratic | 21 | 0 | 0 | 1 |
| Republican | 4 | 0 | 0 | 2 |
| Total | 70 | 0 | 0 | 9 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 10 | 0 | 0 | 0 |
| Unaffiliated | 26 | 0 | 0 | 1 |
| Republican | 2 | 0 | 0 | 1 |
| Total | 38 | 0 | 0 | 2 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 1 |
| Republican | 0 | 0 | 0 | 1 |
| Total | 5 | 0 | 0 | 2 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 1 | 0 | 0 | 0 |
| Unaffiliated | 6 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 3 | 0 | 0 | 1 |
| Democratic | 5 | 0 | 0 | 0 |
| Total | 8 | 0 | 0 | 1 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 22 | 0 | 0 | 0 |
| Unaffiliated | 44 | 1 | 0 | 6 |
| Republican | 4 | 0 | 0 | 2 |
| Total | 70 | 1 | 0 | 8 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 6 | 0 | 0 | 0 |
| Unaffiliated | 8 | 0 | 0 | 3 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 15 | 0 | 0 | 3 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 2 | 0 | 0 | 0 |
| Unaffiliated | 7 | 0 | 0 | 1 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 10 | 0 | 0 | 1 |
| % 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 |
Subjects
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?
- Track AB 3092 free on One Click Politics — get push/email alerts when it moves.
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