This bill proposes to amend current statutes regarding public entity liability in cases of felony sexual offenses. Under the current law, a public entity is not liable for losses resulting from a public employee's criminal felony unless the entity was aware of the employee's propensity for such actions. The bill introduces new provisions that would hold public entities liable for losses arising from acts or omissions by public employees determined to be felony sexual offenses against minors or children with disabilities, provided certain conditions are met. These conditions include violations of statutory duties related to employee background checks or failure to report such offenses.
Additionally, the bill specifies that these amendments will only apply to acts or omissions involving sexual offenses committed on or after the effective date of the act. It also establishes a delayed repeal date of December 31, 2027, for the new provisions, and designates the legislation as "Ava's Law." The bill effectively modifies the existing liability framework by expanding the circumstances under which public entities can be held accountable for the actions of their employees in cases involving sexual offenses against vulnerable populations.
Statutes affected: Introduced Version: 12-820.05
Senate Engrossed Version: 12-820.05
Chaptered Version: 12-820.05