SB1435

THE CONTEXT: A.R.S. title 12, chapter 7, article 2 governs actions against public entities or employees. Among other

WHAT THE BILL DID: The final vetoed version would excludes a public entity from immunity under A.R.S. 12-820.05, subsection B for acts or omissions by a public employee arising out of a felony sexual offense if the victim is a minor or a child with a disability as defined in A.R.S. 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 failed to reasonably investigate or take reasonable action on an alleged violation of a written policy of the public entity relating to the safety or well-being of a minor or a child with a disability as defined in A.R.S. 15-761 and the alleged violation of the written policy was substantially related to the harm that occurred, specifies that these changes to A.R.S. 12-820.05 apply only to acts or omissions involving sexual offenses that are committed on or after the effective date, and repeal these changes to A.R.S. 12-820.05 on January 1,.

WHY IT MATTERED: The practical reason for this bill was to give the people who rely on the rule clearer information and a defined reporting process. It would excludes a public entity from immunity under A.R.S. 12-820.05, subsection B for acts or omissions by a public employee arising out of a felony sexual offense if the victim is a minor or a child with a disability as defined in A.R.S. 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 failed to reasonably investigate or take reasonable action on an alleged violation of a written policy of the public entity relating to the safety or well-being of a minor or a child with a disability as defined in A.R.S. 15-761 and the alleged violation of the written policy was substantially related to the harm that occurred, and would also specifies that these changes to A.R.S. 12-820.05 apply only to acts or omissions involving sexual offenses that are committed on or after the effective date, rather than leave the current rule unchanged.