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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
AMENDED
public entity liability; sexual offenses
Purpose
Until January 1, 2028, 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 felony sexual offense, if the victim is a minor or a child with a disability and if one or more of the following conditions apply:
a) the public entity was in violation of a statutory duty relating to obtaining information regarding the background of employees; or
b) the public entity or employee had a statutory duty to report and failed to do so.
2. Stipulates that the provisions of S.B. 1106 apply only to acts or omissions involving sexual offenses that are committed on or after the general effective date.
3. Repeals changes made to public entity liability on January 1, 2028.
4. Designates this legislation as Ava's Law.
5. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Adds a delayed repeal date of January 1, 2027.
Amendments Adopted by Committee of the Whole
· Extends the delayed repeal date to January 1, 2028.
Senate Action
JUDE 2/5/25 DPA 7-0-0
Prepared by Senate Research
March 4, 2025
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