AB 1495: Civil liability: sexual abuse: children.

Existing civil law requires every person to abstain from injuring another and makes a person who commits a sexual battery, as defined, upon another liable to that person for specified damages.

This bill would impose civil liability and specific penalties upon a person over the age of majority who, in exchange for property or money, commits an act that would violate certain criminal provisions pertaining to sexual acts upon a child, solicitation of a child, or aiding or abetting in one of these acts. The bill would authorize a victim of the unlawful act, his or her parent or guardian, or guardian ad litem to bring an action for civil penalties, damages, injunctive relief, equitable remedies, and for the cost of the suit and reasonable attorneys fees, as specified. The bill would require, if the victim is under 21 18 years of age, and the action results in a monetary award, for that award to be held in trust for the victim, and used exclusively for the victims benefit in accordance with certain procedures. The bill also would require the court, if the parties seek to settle the action, to either affirm, modify, or reject the settlement, subject to first providing notice of the proposed settlement to the Attorney General within a certain timeframe. The bill would require the victim, victims parent, guardian, or guardian ad litem, if the action is dismissed or subject to final judgment, to submit to the Attorney General a report that includes the results of the action or its final disposition.

The bill would also specify procedures by which the court may issue temporary restraining or protective orders in an action brought pursuant to these provisions.

Existing law requires counties to transmit specific data concerning protective and domestic violence orders electronically through the California Law Enforcement Telecommunications System to the Department of Justice. Under existing law, upon issuance of a protective order, issuance of a temporary restraining order or injunction relating to harassment, unlawful violence, or the threat of violence under specified provisions, the Department of Justice is required to be immediately notified of the contents of the order, including certain information, including the name, race, date of birth, and other personal descriptive information of the respondent and the names of the protected persons.

This bill also would require notification of the issuance of a restraining order pertaining to sexual abuse of a child, as specified.

By imposing new duties on local government agencies and expanding the scope of a crime, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.