AB 452: Childhood sexual assault: statute of limitations.

Existing law requires that specified actions for recovery of damages suffered as a result of childhood sexual assault, as defined, be commenced within 22 years of the date the plaintiff attains the age of majority or within 5 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 the sexual assault, whichever occurs later. Existing law prohibits certain of those actions from commencing on or after the plaintiffs 40th birthday unless the person or entity knew or had reason to know, or was otherwise on notice, of any misconduct that creates a risk of childhood sexual assault by an employee, volunteer, representative, or agent, or the person or entity failed to take reasonable steps or to implement reasonable safeguards to avoid acts of childhood sexual assault, as specified. Existing law revives claims that would otherwise have been barred as of January 1, 2020, because the applicable statute of limitations, claim presentation deadline, or any other time limit had expired and authorizes the claims to be commenced within specified time periods.

This bill would eliminate time limits for the commencement of actions for the recovery of damages suffered as a result of childhood sexual assault, as specified. The bill would eliminate the prohibition on certain actions proceeding on or after the plaintiffs 40th birthday unless specified conditions are met. The bill would specify that its provisions apply to any claim in which the childhood sexual assult occurred on and after January 1, 2024.