A bill designed to give public entities long-sought relief from mounting childhood sexual abuse claims has come back from the dead.
Amendments added to SB 577 late Thursday would tighten the statute of limitations for certain older claims, impose a higher burden of proof in some cases against public entities and limit their liability for damages.
The changes emerged after years of complaints from local governments and school districts that revived claims involving decades-old abuse can be nearly impossible to defend and have imposed enormous financial costs.
"We're grateful to Speaker Rivas and Pro Tem Limón for their efforts to address this issue," said Ben Adler, director of public affairs for the California State Association of Counties. "It's clear the status quo is broken, and the unintended consequences have grown out of control."
Sen. John Laird, D-Santa Cruz, introduced SB 577 in 2025, but negotiations collapsed late in last year's legislative session amid opposition from victims' groups. The bill had seen no hearings or amendments since.
"SB 577 is about finding a responsible balance on an incredibly difficult issue," Laird said. "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. 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 emerged just over 24 hours before Friday's midnight deadline for amendments. The Assembly cannot take up the bill until Sunday under the Legislature's 72-hour-in-print rule, and it must clear both chambers by midnight Monday.
The legislation responds to laws that revived previously time-barred childhood sexual abuse claims. AB 218, signed in 2019, opened a three-year window for older claims, while AB 452 eliminated the civil statute of limitations for childhood sexual assault occurring on or after Jan. 1, 2024.
The resulting claims have imposed billions of dollars in costs on public entities. Los Angeles County last year approved a $4 billion settlement covering nearly 7,000 claims involving alleged abuse in juvenile facilities and foster homes. School districts have also depleted reserves, cut spending and borrowed money to cover claims.
Under SB 577, victims would have until age 40, or three years after discovering that psychological injury or illness was caused by childhood abuse, whichever is later.
Plaintiffs 40 or older pursuing older claims against public entities would face a higher evidentiary standard. For lawsuits filed on or after Jan. 1, 2026, they would have to prove by clear and convincing evidence that the entity knew of misconduct resulting in childhood sexual assault, failed to take reasonable precautions and negligently failed to perform a mandatory duty.
Courts could also consider specified factors in deciding whether to reduce jury awards and allow public entities to pay judgments over time.
For lawsuits filed on or after Jan. 1, 2027, a public entity would not be jointly liable for economic damages unless it was found more than 15% at fault. Current law generally imposes joint liability for economic damages while limiting noneconomic damages to each defendant's proportionate share.
The bill pairs those liability protections with new abuse-prevention requirements. By Dec. 1, 2027, local governments and educational agencies would have to adopt codes of conduct, prevention plans and procedures for reporting grooming and suspected abuse. The attorney general would report to lawmakers on compliance.
SB 577 would also impose a $25,000 civil penalty for each violation by an attorney who brings a childhood sexual assault claim in bad faith. The provision follows allegations of fraud in Los Angeles County's AB 218 litigation. District Attorney Nathan Hochman opened a criminal investigation last November after allegations that recruiters paid people to file fabricated abuse claims.
The Youth Law Center, a San Francisco nonprofit that advocates for young people in foster care and juvenile justice systems, praised the "hard-fought compromise."
"The fiscal pressures facing counties and other public entities are real, but the harm that created those costs is even more consequential," Executive Director Jennifer Rodriguez said. "California has spent enormous energy determining how to respond to the financial impact of past abuse. That same urgency must now be brought to preventing abuse of children who are in government care today and in the future."
But a coalition of survivor organizations condemned the agreement Friday.
"The backroom 'deal' reached by the Legislature will protect rapists and molesters and decimate the rights of many victims who were abused as minors while in the custody or care of counties and school districts," said a statement signed by Stand with Survivors founder Caroline Heldman and four others.
Malcolm Maclachlan
malcolm_maclachlan@dailyjournal.com
For reprint rights or to order a copy of your photo:
Email
Jeremy_Ellis@dailyjournal.com
for prices.
Direct dial: 213-229-5424
Send a letter to the editor:
Email: letters@dailyjournal.com



