SB 1435
Initials JL Page 1 House Engrossed
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
Senate: JUD DPA 6-0-1-0 | 3
rd
Read DPA 19-9-2-0-0
House: JUD DPA 7-2-0-0 | 3
rd
Read DPA 37-21-2-0-0
SB 1435: public entity liability; sexual offenses
Sponsor: Senator Bolick, LD 2
House Engrossed
Overview
Subjects a public entity to liability for losses arising out of an act or omission by a public
employee that is determined to be a felony sexual offense under certain circumstances.
History
A.R.S. title 12, chapter 7, article 2 governs actions against public entities or employees.
Among other provisions, this article contains several sections granting public entities or
employees immunity from liability in certain circumstances, including absolute immunity
(A.R.S. § 12-820.01), qualified immunity (A.R.S. § 12-820.02) and other immunity (A.R.S. §
12-820.05). Except as specifically provided in this article, its provisions do not affect, alter or
otherwise modify any other rules of tort immunity regarding public entities and public
officers as developed at common law and as established under the A.R.S. and the Arizona
Constitution (A.R.S. § 12-820.05).
One specific form of immunity in A.R.S. § 12-820.05, subsection B provides that 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 a criminal felony by a public employee unless the public
entity knew of the public employee's propensity for that action. However, this subsection does
not apply to acts or omissions arising out of the operation or use of a motor vehicle.
Provisions
1. 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
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 knew or should have
known, based on what an objective reasonable person knew or should have known
under the circumstances, of the public employee's propensity for harm relating to the
safety or well-being of a child with a disability as defined in A.R.S. § 15-761. (Sec. 1)
2. 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. (Sec. 3)
3. Repeals these changes to A.R.S. § 12-820.05 on January 1, 2035. (Sec. 2, 4)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note