California Democrats announce deal to refine 2019 child sex abuse law
Published in News & Features
SACRAMENTO, Calif. — California Democrats on Thursday announced a deal that would change how child sexual abuse claims are handled in the state, attempting to address a thorny issue that has divided advocates and public agencies.
The agreement between Assembly and Senate leaders is in response to concerns with a 2019 law state law that expanded the circumstances and time that Californians could file claims for alleged sexual abuse. It allowed people to sue until they are 40 years old or within five years of them finding out that a psychological injury was caused by the abuse.
“Survivors of childhood sexual abuse deserve justice and to be made whole for the harm they experienced, and the institutions where that harm occurred must be held accountable,” said state Sen. John Laird, a Democrat, who is authoring the new measure, Senate Bill 577. “At the same time, we have to make sure those public institutions can continue to operate and provide the services people depend on.”
The agreement would raise the legal standard needed for people filing lawsuits on assault claims that occurred before Jan. 1, 2024 by someone who is 40 years old or older. The measure would also require certain public agencies, including schools, to adopt sexual assault prevention plans and adopt codes of conduct.
The deal was supported by advocates who recently pleaded with legislators not to change the old law.
“Survivors, young people, and advocates spent months urging California leaders not only to protect access to justice but also to confront the conditions that allow children to be sexually abused in foster care and juvenile justice systems,” said the Youth Law Center in a statement. “The final SB 577 agreement reflects meaningful progress on both fronts.”
The new bill also says that any attorney who alleges a sexual assault claim in bad faith would be subject to a penalty of $25,000 per violation, likely in response to concerns in Los Angeles County about fraudulent claims included in thousands of cases that made up a $4 billion agreement last year.
School leaders in particular say the bill has taken away their ability to serve their current students because the increased legal liability has driven up their insurance and other costs. Representatives for counties and other public agencies have also asked for changes to the old law.
The agreement comes in the waning days of the legislative session and is one of several controversial issues legislators are attempting to address. It must pass before Sept. 1 to go before Gov. Gavin Newsom. The earliest the measure can be voted on is Sunday afternoon.
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