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AB 464

Sexual assault in prison.

2025-2026 Regular Session Introduced by Cecilia Aguiar-Curry and 7 co-sponsors

The bill extends the time to file certain prison sexual assault claims, waives administrative claim requirements, and strengthens accountability, reporting, and protections for vic

From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 13. Noes 0.) (June 23). Re-referred to Com. on APPR.
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Bill Summary · AB 464

AB 464 — Sexual assault in prison (Aguiar‑Curry) — Summary

Status: In committee; most recent action — hearing postponed by committee (May 23, 2025).
Introduced: February 6, 2025.

Purpose

AB 464 strengthens civil and administrative protections for incarcerated people who report sexual assault and increases accountability for staff who commit sexual abuse in Department of Corrections and Rehabilitation (CDCR) facilities. It (1) extends tolling of civil statutes of limitations for certain prison sexual‑assault claims, (2) removes administrative claim requirements for those claims, and (3) creates new monitoring, notification, staffing, and employment‑bar restrictions intended to prevent retaliation and improve investigations.

Key provisions

  • Tolling and administrative claim exemption (amends CCP §352.1)

    • For sexual‑assault claims alleged to have occurred while a claimant was imprisoned on a criminal charge or serving a non‑life sentence, the statute of limitations is tolled for the entire period of imprisonment and for four years after release from actual custody.
    • Any such sexual‑assault claim against a public entity or public employee is exempted from all state and local government claim‑presentation requirements.

  • Employment and accountability (amends Penal Code §2639)

    • Requires CDCR to terminate any employee found, after investigation, to have sexually abused an incarcerated person or ward.
    • Prohibits that terminated employee from future employment with CDCR.
    • Requires administrators to report criminal sexual abuse by staff to law enforcement.
    • Requires preservation and appropriate collection of physical and testimonial evidence (e.g., forensic rape kits when appropriate) and directs that access to safe housing/medical care not depend on willingness to press charges.

  • Prevent Sexual Assault and Retaliation in Prisons Act (new Penal Code Article 4, §§2646 et seq.)

    • Defines terms (department, incarcerated person, staff member, sexual assault, immediate family).
    • Requires CDCR to monitor, for 90 days after a report of staff‑on‑incarcerated‑person sexual assault, the reported victim (and, if different, the person who made the report) for possible retaliation.
    • Requires CDCR to report allegations to the department’s Office of Internal Affairs and to make specified notifications and reports after a report is made. (Draft language includes a provision requiring certain actions within 24 hours; full text truncated in available documents.)
    • Prohibits transferring an incarcerated person reported to have suffered sexual assault to another facility without their written consent unless a transfer is necessary to protect their safety.
    • Declares the provisions severable.

Who is affected

  • Primary: incarcerated people in CDCR custody who allege sexual assault (and those who report on their behalf).
  • CDCR staff and agents: narrower definitions and stricter employment consequences for substantiated sexual abuse.
  • CDCR administration and Office of Internal Affairs: increased monitoring, reporting, evidence‑preservation, and procedural obligations.
  • Courts and civil litigants: longer tolling window and waiver of administrative claim requirements for covered civil suits.

Procedural/timeline notes

  • Referred to multiple committees (Public Safety, Judiciary, Appropriations).
  • Committee votes in support: e.g., March 11 (Ayes 8 Noes 0), March 25 (Ayes 12 Noes 0).
  • April 23: set for first hearing and referred to suspense file in Appropriations.
  • May 23: hearing postponed by committee.

Considerations

  • The bill raises implementation and fiscal questions (referred to fiscal committee).
  • It removes governmental claim‑presentation prerequisites for a subset of claims, which may affect public entities’ exposure to civil liability and administrative processes.
  • Some text in the circulated versions is truncated; final enacted language could modify procedural timelines or notice requirements.

Compiled from official sources — confirm details with the bill’s official record.

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