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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
public entity liability; sexual offense
Purpose
Subjects a public entity to liability for losses that arise out of an act or omission by a public employee that is determined to be a felony sexual offense if the victim is a minor or a child with a disability, and one or more outlined conditions apply.
Background
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 criminal felony by a public employee unless the public entity knew of the public employee's propensity for that action, except that immunity does not apply to acts or omissions arising out of the operation or use of a motor vehicle. A public entity is also 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 a 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 (A.R.S. § 12-820.05)
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Subjects a public entity to liability for losses that arise out of an act or omission by a public employee that is determined to be a felonious sexual offense if the victim is a minor or a child with a disability, and if one or more of the following condition apply:
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 employee had a statutory duty to report and failed to do so; or
c) the public entity knew or should have known of the public employee's propensity for harm.
2. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Adds that public entity must have also failed to obtain required employee background information, failed to report, or knew of an employe's propensity for harm, in order to be held liable for a public employee's felony sexual offense.
Senate Action
JUD 2/15/24 DPA 6-0-1
Prepared by Senate Research
February 19, 2024
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