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Assembly Bill 464 aims to strengthen protections against prison sexual assault

February 06, 2025 | Introduced, House, 2025 Bills, California Legislation Bills, California


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Assembly Bill 464 aims to strengthen protections against prison sexual assault
On February 6, 2025, California Assembly Bill 464 was introduced by Assembly Member Aguiar-Curry, with co-sponsorship from Senator Menjivar. This legislative proposal aims to enhance protections for incarcerated individuals against sexual assault within the state's prison system.

The bill seeks to amend existing laws regarding the statute of limitations for civil actions related to sexual assault. Currently, individuals imprisoned on criminal charges have a two-year tolling period to file such actions, but this does not extend to claims against public entities or employees. AB 464 proposes to change this by allowing a tolling period that lasts throughout the duration of imprisonment and extends four years post-release for claims against public entities or employees.

In addition to extending the statute of limitations, the bill introduces several key provisions aimed at improving the response to sexual assault allegations in prisons. It mandates that employees terminated for confirmed sexual abuse of inmates are barred from future employment with the Department of Corrections and Rehabilitation. Furthermore, the bill requires a 90-day monitoring period for any incarcerated individual who reports sexual assault, ensuring protection against potential retaliation. It also stipulates that an individual who reports sexual assault cannot be transferred to another facility without their written consent, unless their safety is at risk.

The introduction of AB 464 has sparked discussions among lawmakers and advocacy groups, with supporters emphasizing the need for stronger protections for vulnerable populations in correctional facilities. Critics, however, may raise concerns about the implications of extending the statute of limitations and the administrative burden it could place on the Department of Corrections.

The bill's passage could have significant social implications, potentially leading to increased reporting of sexual assaults and greater accountability for prison staff. It also reflects a growing recognition of the need to address sexual violence in detention settings, aligning with broader national conversations about prison reform and inmate rights.

As AB 464 moves through the legislative process, its outcomes will be closely monitored by stakeholders invested in criminal justice reform and the protection of incarcerated individuals. The bill's future will depend on ongoing debates and potential amendments as it progresses through the California Legislature.

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