An act to amend Sections 815.2, 820.2, 820.4, 821, 821.2, 821.4, 821.6, and 911.2 of, to add Section 823 to, and to repeal Section 945.4 of, the Government Code, relating to public accountability.

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AB XXXX, as introduced, Michael Kureth. Public accountability: government employee immunity and statutes of limitations.

(1) Existing law, the California Government Claims Act, provides that a public employee is not liable for an injury resulting from his or her act or omission where the act or omission was the result of the exercise of the discretion vested in him or her. Existing law further shields public employees from liability for injuries caused by adopting or failing to adopt enactments, issuing or denying permits, failing to inspect property, or instituting or prosecuting judicial or administrative proceedings within the scope of employment. This bill would eliminate statutory immunity protections for all public employees in the State of California, including state, county, municipal, and special district employees. The bill would declare that public employees are personally liable for injuries proximately caused by their negligent, reckless, intentional, or wrongful acts or omissions within the scope of their employment to the same extent as a private person.

(2) Existing law requires that a written claim for money or damages for injury to a person or to personal property or growing crops be presented to a public entity not later than 6 months after the accrual of the cause of action, and that a claim relating to any other cause of action be presented not later than 1 year after the accrual of the cause of action. Existing law bars any suit for money or damages against a public entity until a written claim has been presented and acted upon, or deemed rejected. This bill would eliminate the mandatory pre-lawsuit administrative presentation requirement for claims against public entities and public employees. The bill would establish a uniform statute of limitations of 2 years from the date of accrual of the cause of action to file a civil action against any public entity or public employee for injury to a person, personal property, real property, or wrongful death, matching the standards applicable to private actors.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1.
The Legislature finds and declares all of the following: (a) The doctrine of sovereign and governmental immunity has historically operated to shield public officials and employees from accountability for actions that cause severe harm, property loss, or violation of rights. (b) Short administrative presentation deadlines, such as the current 6-month claim window, act as a structural trap for victims of government negligence, institutional failure, or disaster, prematurely stripping them of their legal rights before full damages can be assessed. (c) Public trust requires that individuals exercising state authority, and the entities that employ them, operate under the same standards of legal accountability and identical statutes of limitations as private entities and citizens.

SECTION 2.
Section 815.2 of the Government Code is amended to read:

815.2. (a) A public entity is liable for injury proximately caused by an act or omission of an employee of the public entity within the scope of his employment if the act or omission would, apart from this section, have given rise to a cause of action against that employee or his personal representative. (b) Except as otherwise provided by statute, a public entity ~~is immune from liability for an injury resulting from an act or omission of an employee of the public entity where the employee is immune from liability~~ shall not assert the statutory immunity of an employee as a defense to avoid liability under subdivision (a).

SECTION 3.
Section 820.2 of the Government Code is amended to read:

820.2. ~~Except as otherwise provided by statute, a public employee is not liable for an injury resulting from his act or omission where the act or omission was the result of the exercise of the discretion vested in him, whether or not such discretion be abused.~~ A public employee is liable for an injury resulting from an act or omission within the scope of employment, including acts or omissions resulting from the exercise of discretion, to the same extent as a private person.

SECTION 4.
Section 820.4 of the Government Code is amended to read:

820.4. A public employee ~~is not~~ is liable for an injury caused by his act or omission ~~with due care,~~ in the execution or enforcement of any law.

SECTION 5.
Section 821 of the Government Code is amended to read:

821. A public employee ~~is not~~ is liable for an injury caused by his adoption of or failure to adopt an enactment or by his failure to enforce any law.

SECTION 6.
Section 821.2 of the Government Code is amended to read:

821.2. A public employee ~~is not~~ is liable for an injury caused by his issuance, denial, suspension or revocation of, or by his failure or refusal to issue, deny, suspend or revoke, any permit, license, certificate, approval, order or similar authorization.

SECTION 7.
Section 821.4 of the Government Code is amended to read:

821.4. A public employee ~~is not~~ is liable for injury caused by his failure to make an inspection, or by reason of making an inadequate or negligent inspection, of any property.

SECTION 8.
Section 821.6 of the Government Code is amended to read:

821.6. A public employee ~~is not~~ is liable for injury caused by his instituting or prosecuting any judicial or administrative proceeding within the scope of his employment.

SECTION 9.
Section 823 is added to the Government Code, to read:

823. (a) Notwithstanding any other law, all statutory immunity protections explicitly or implicitly granted to public employees under this chapter, or under any other division of this code, are hereby abrogated. (b) This section shall apply to all public employees, whether elected, appointed, salaried, or volunteer, across all branches and political subdivisions of the State of California, including but not limited to state agencies, municipal corporations, counties, and special districts.

SECTION 10.
Section 911.2 of the Government Code is amended to read:

911.2. ~~(a) A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented as provided in this chapter not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented as provided in this chapter not later than one year after the accrual of the cause of action.~~ (a) Notwithstanding any other law, a civil action for money or damages against a public entity or public employee for injury to a person, personal property, real property, or for wrongful death, shall be commenced within two years after the cause of action accrues. (b) The time for commencement of an action under subdivision (a) shall be governed by the standard rules of accrual, tolling, and discovery applicable to private civil actions under the Code of Civil Procedure.

SECTION 11.
Section 945.4 of the Government Code is repealed. ~~945.4. Except as provided in Sections 946.4 and 946.6, no suit for money or damages may be brought against a public entity on a cause of action for which a claim is required to be presented in accordance with Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of this division until a written claim thereof has been presented to the public entity and has been acted upon by the board, or has been deemed to have been rejected by the board.~~

SECTION 12.
The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.