The following is a list of recent legislation which may be of interest.  The hyperlinks provided will take you to the official legislation site so you can track the legislation yourself.

As new legislation is introduce, it will appear in the right column by category of interest. As significant changes take place, we will Blog about the changes.

 

STATUTE OF LIMITATIONS

SB-926 » – Author: Beall This bill would instead require that an action for recovery of damages suffered as a result of childhood sexual abuse be commenced within 22 years of the date the plaintiff attains the age of majority, or within 5 years of the date the fact of the psychological injury or illness occurring after the age of majority and its causal connection to the sexual abuse is first communicated to the plaintiff by a licensed mental health practitioner practicing within the state, whichever period expires later.

This bill would also provide that a party may conduct discovery before the court may rule on a motion challenging the sufficiency of the plaintiff’s showing that a person or entity knew or had reason to know, or was otherwise on notice, of any unlawful sexual conduct and failed to take reasonable steps, and to implement reasonable safeguards, to avoid those acts in the future.

SB-926 » – Author: Beall. Crimes: statute of limitation: felony sex crimes.

Under existing law, prosecution for specified felony sex offenses, including rape, sodomy, lewd or lascivious acts, oral copulation, continuous sexual abuse of a child, and acts of sexual penetration, that are alleged to have been committed when the victim was under 18 years of age, may be commenced at any time prior to the victim’s 28th birthday.

This bill would authorize prosecution of those crimes at any time prior to the victim’s 40th birthday.

SCHOOLS

SCR-51 » – Author: lieu  This measure would declare
December 12, 2013, as California Bullying Prevention Day, and would
recognize the need for individuals, schools, communities, businesses,
local governments, and the state to take action on behalf of bullying prevention in California.

SB-231 » – Author: Correa   This bill would enact the Michael Joseph Berry Peer Abuse Prevention and Awareness Act of 2013, pursuant to which the California Bullying PreventionClearinghouse would be established, to be administered by the State Department of Education. The bill would require the Superintendent of Public Instruction to appoint members to a  clearinghouse, California Bullying Prevention Advisory Council which would include individuals who have experience in specified areas, including, among others, hotline telephone services, social media, and behavioral health services.

The bill would require the department to maintain the clearinghouse under the guidance of the clearinghouse advisory council, and would, among other things, require that the clearinghouse act as a repository of information on antibullying resources, links, and available services. The bill would require the department to recommend to school districts appropriate guidelines, best practices, and information that school districts may disseminate to pupils and their families about the existence, goals, and objectives of the California Bullying Prevention Coordinating Center Clearinghouse, as specified.

SB-840 » – Author: Lara  This bill would require each local educational agency to develop and implement a policy against bullying, as specified, which includes, at a minimum, a procedure for referring victims of bullying to counseling, mental health, or other health services as appropriate, mandatory training for certificated employees on the prevention, and addressing, of bullying, and a procedure for the documentation of all incidents of bullying that take place within the local educational agency as well as the responsive actions taken, if any. The bill would require the local educational agency to forward the documentation of the bullying incidents to the department.

By requiring local educational agencies to develop and implement a bullying policy and to report certain information to the departments, this bill would increase the duties of local school officials and thereby impose a state-mandated local program.

SB7-18 » – Author: Correa   This bill would enact the Michael Joseph Berry Peer Abuse Prevention and Awareness Act of 2014, pursuant to which the Michael J. Berry Peer Abuse Prevention Advisory Council would be established by the Superintendent of Public Instruction and would be required to provide input, information, and technical assistance to the Superintendent on issues related to bullying and peer abuse, as
specified. The bill would require the Superintendent to appoint members to the advisory council, which would include individuals who have experience in specified areas, including, among others, social media and behavioral health services. The bill would specify the goals and objectives of the advisory council and would require the Superintendent to make certain recommendations to school districts related to issues of bullying and peer abuse. The bill would provide that it is only operative to the extent that funding is appropriated in the annual Budget Act or if the Superintendent determines that sufficient funding is available for implementation of its provisions.

AB-1455 » – Author: Campos  An act to add Section 48900.9 to the Education
Code, relating to pupils. Pupils: This bill would authorize the superintendent of a school district or the principal of a school to also refer a victim of,
witness to, or other pupil affected by, an act of bullying committed on or after January 1, 2015, to the school counselor, psychologist, social worker, child welfare attendance personnel, or other school support service personnel for case management and counseling, as appropriate.

AB-256 » – Author: Garcia   For purposes of pupil suspension or recommendation for expulsion from a school, define “electronic act”
as the creation and transmission originated on or off the schoolsite, by means of an electronic device, including, but not limited to, a telephone, wireless telephone, or other wireless communication device, computer, or pager, of a communication, as specified.

ACR-44 » – Author: Ammiano  This measure would declare
support for the goals and ideals of the National Day of Silence and would
encourage school districts in the state to enforce laws and policies that prohibit name calling, bullying, harassment, and discrimination
against all students, teachers, and other school staff regardless of their
sexual orientation and gender identity or expression.

AB-514 » – Author: Bonta  This bill, the Safe Schools for Safe Learning Act of
2013, would instead require the Superintendent to post that information on the State Department of Education’s Internet Web site, and would also require the department’s Internet Web site to include a list of statewide resources for youth who have been affected by gangs, gun violence, and psychological trauma caused by violence at home, at school, and in the community. The bill would express various findings and declarations of the Legislature relating to school safety.