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House Engrossed Senate Bill
public entity liability; sexual offenses |
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State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024
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SENATE BILL 1435 |
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An Act
amending section 12-820.05, Arizona Revised Statutes; amending section 12-820.05, Arizona Revised Statutes, as amended by this act; relating to special actions.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 12-820.05, Arizona Revised Statutes, is amended to read:
12-820.05. Other immunities
A. Except as specifically provided in this article, this article does not affect, alter or otherwise modify any other rules of tort immunity regarding public entities and public officers as developed at common law and as established under the statutes and the constitution of this state.
B. A public entity is not liable for losses that arise out of and are directly attributable to an act or omission determined by a court to be a criminal felony by a public employee unless the public entity knew of the public employee's propensity for that action. This subsection does not apply to acts or omissions arising out of either of the following:
1. The operation or use of a motor vehicle.
2. a sexual offense if the victim is a child with a disability as defined in section 15-761 and one or more OF THE FOLLOWING CONDITIONS EXIST:
(a) THE PUBLIC ENTITY WAS IN VIOLATION OF A STATUTORY DUTY RELATING TO OBTAINING INFORMATION REGARDING THE BACKGROUND OF EMPLOYEES.
(b) THE PUBLIC ENTITY OR public employee HAD A STATUTORY DUTY TO REPORT AND FAILED TO DO SO.
(c) Clear and convincing evidence proves that the public entity knew or should have known, based on what an objective reasonable person knew or should have known under the circumstances, of the public employee's propensity for harm relating to the safety or well-being of a child with a disability as defined in section 15-761.
C. A public entity is not liable for damages as a result of an injury caused by any act or omission by a public officer who renders emergency care gratuitously and in good faith in a public building, at a public gathering on the grounds of a public building or at the scene of an emergency occurrence or as the result of any act or failure to act to provide or arrange for further medical treatment or care for the injured person, unless the public officer, while rendering the emergency care, is guilty of gross negligence.
Sec. 2. Section 12-820.05, Arizona Revised Statutes, as amended by section 1 of this act, is amended to read:
12-820.05. Other immunities
A. Except as specifically provided in this article, this article does not affect, alter or otherwise modify any other rules of tort immunity regarding public entities and public officers as developed at common law and as established under the statutes and the constitution of this state.
B. A public entity is not liable for losses that arise out of and are directly attributable to an act or omission determined by a court to be a criminal felony by a public employee unless the public entity knew of the public employee's propensity for that action. This subsection does not apply to acts or omissions arising out of either of the following:
1. the operation or use of a motor vehicle.
2. A sexual offense if the victim is a child with a disability as defined in section 15-761 and one or more of the following conditions exist:
(a) The public entity was in violation of a statutory duty relating to obtaining information regarding the background of employees.
(b) The public entity or public employee had a statutory duty to report and failed to do so.
(c) Clear and convincing evidence proves that the public entity knew or should have known, based on what an objective reasonable person knew or should have known under the circumstances, of the public employee's propensity for harm relating to the safety or well-being of a child with a disability as defined in section 15-761.
C. A public entity is not liable for damages as a result of an injury caused by any act or omission by a public officer who renders emergency care gratuitously and in good faith in a public building, at a public gathering on the grounds of a public building or at the scene of an emergency occurrence or as the result of any act or failure to act to provide or arrange for further medical treatment or care for the injured person, unless the public officer, while rendering the emergency care, is guilty of gross negligence.
Sec. 3. Applicability
Section 12-820.05, Arizona Revised Statutes, as amended by section 1 of this act, applies only to acts or omissions involving sexual offenses that are committed on or after the effective date of this act.
Sec. 4. Effective date
Section 12-820.05, Arizona Revised Statutes, as amended by section 2 of this act, is effective from and after December 31, 2034.