CA SB 131 — Response to Seventh Day Adventists

Professor Hamilton response to article below:

Here is my answer to them:  7th Day Adventists oppose SB 131 SOL reform because it does not cover public schools or extend criminal SOLs.  When will they propose bills to cover those arenas?  GREAT IDEAS!  I fully support such total elimination.   It is not “unfair” to enact good laws for private and public arenas separately.  I encourage CA to take up all possible means of helping all of the children in CA.  But opposing SB 131 helps no children.

 

SB 131 – Legislative Alert

Legislative Alert

April 22, 2013

SB 131 – OPPOSE

SB 131 would retroactively eliminate the civil statute of limitations against private schools and private employers in claims involving childhood sexual abuse.  The bill is being vigorously opposed by the California Association of Private School Organizations (CAPSO). Seventh-day Adventist schools are affiliated with CAPSO.

SB 131 discriminates against the overwhelming majority of sex abuse victims, discriminates against private employers, breaks faith with previous legislative efforts to change the statute of limitations and does nothing to prevent abuse, enhance criminal penalties or extend the criminal statute of limitations against actual perpetrators of abuse.

SB 131 discriminates against victims, because it only covers incidents of abuse that may have taken place in private schools, not public schools, so the 92 percent of California children who attend public schools aren’t covered.

SB 131 discriminates against private schools by forcing them to deal with an unworkable legal and business climate where they face unknown liability of an unknown duration under conditions where the passage of time–30, 40 or 50 years or more–make mounting an effective defense next to impossible.

SB 131 breaks faith with assurances given by the Legislature 10 years ago when it enacted SB 1779 (Burton), a one-time, one-year lifting of the statute of limitations for all of 2003 that allowed any victim of sexual abuse—regardless of how long ago it occurred—a second chance to file a lawsuit.  Under the circumstances, reviving claims a second time may have been understandable, but SB 131 would revive claims for an unheard of third time, and only against private schools and private employers like us.

Finally, SB 131 fails both victims and private schools by ignoring the actual perpetrators of sex abuse, and doing nothing to strengthen criminal penalties against abusers or extend the criminal statute of limitations.

 

Please take time to contact the Judiciary Committee member and tell them why you oppose this bill. 

 

Judiciary Committee Members:

 

Senator Joel Anderson 916-651-4036     senator.anderson@senate.ca.gov

Senator Ellen Corbett            916-651-4010     senator.corbett@senate.ca.gov

Senator Noreen Evans           916-651-4002     senator.evans@senate.ca.gov

Senator Hannah-Beth Jackson       916-651-4019      senator.jackson@senate.ca.gov

Senator Mark Leno               916-651-4011     senator.leno@senate.ca.gov

Senator William Monning     916-651-4017     senator.monning@senate.ca.gov