The proposed bill SB1435 amends existing Arizona law regarding public entity liability in cases of felony sexual offenses committed by public employees against minors or children with disabilities. Under current law, public entities are not liable for losses resulting from a public employee's criminal actions unless the entity was aware of the employee's propensity for such behavior. The new bill expands this liability by allowing claims if certain conditions are met, including violations of statutory duties related to employee background checks, failure to report, or failure to investigate policy violations related to the safety of minors or disabled children.

Additionally, the bill specifies that these provisions apply only to acts committed on or after the effective date of the legislation and includes a repeal of the amendments made by this act on January 1, 2027. Notably, the bill removes the requirement that a public entity must have known of an employee's propensity for harm to be held liable, thereby broadening the circumstances under which a public entity can be found liable for the actions of its employees.

Statutes affected:
Introduced Version: 12-820.05
Senate Engrossed Version: 12-820.05
House Engrossed Version: 12-820.05