Sexual orientation or gender identity change efforts: actions for recovery of damages: statute of limitations.

Plain English Breakdown

The official source material does not provide specific details on what happens if a lawsuit is filed after January 1, 2027.

Statute of Limitations for Damages from Sexual Orientation and Gender Identity Change Efforts

This law sets a timeline for people who were harmed by efforts to change their sexual orientation or gender identity to file lawsuits against mental health providers.

What This Bill Does

• Sets different time limits for filing lawsuits based on when the person was under or over 18 years old during the harmful actions.
• Defines 'sexual orientation or gender identity change efforts' as attempts by a provider to direct someone toward a specific sexual orientation or gender identity.
• Allows certain types of evidence, like expert testimony, to be used in court to prove harm and causation.
• Revives some lawsuits that were previously dismissed due to time limits expiring before January 1, 2027.

Who It Names or Affects

• People who have been harmed by efforts to change their sexual orientation or gender identity.
• Licensed mental health providers and entities supervising them.

Terms To Know

sexual orientation change efforts

Actions taken by a provider to direct someone toward a specific sexual orientation.

gender identity change efforts

Actions taken by a provider to direct someone toward a specific gender identity.

Limits and Unknowns

• The bill does not specify what happens if the lawsuit is filed after January 1, 2027.
• It's unclear how this law will affect cases that are currently in litigation but have not reached finality as of January 1, 2027.

Official Summary Text

SB 934, as amended, Wiener.
Sexual orientation change efforts: remedies.
Sexual orientation or gender identity change efforts: actions for recovery of damages: statute of limitations.
Existing law requires that specified actions for recovery of damages suffered as a result of childhood sexual assault, as defined, be commenced within 22 years of the date the plaintiff attains the age of majority or within 5 years of the date the plaintiff discovers or reasonably should have discovered that psychological injury or illness occurring after the age of majority was caused by the sexual assault, whichever period expires later. Existing law imposes various procedural requirements for such claims.
This bill would require specified actions for recovery of damages suffered as a result of sexual orientation or gender identity change efforts, as defined, be commenced (1) within 22 years of the date the plaintiff attains the age of majority if the
plaintiff was under the age of 18 when at the time of conduct, (2) within 10 years if the plaintiff was 18 years of age or older at the time of conduct, (3) or within 5 years of the date the plaintiff discovers that psychological injury or illness occurring after the conduct was caused by sexual orientation or gender identity change efforts, as specified. The bill would define “sexual orientation or gender identity change efforts” to include efforts to direct a patient toward a particular sexual orientation or a particular gender identity, as specified. The bill would apply to actions for damages commencing after January 1, 2027, against licensed mental health providers, as defined, and against persons and entities that employed, supervised, or otherwise exercised authority over a licensed mental health provider. The bill would make specified types of evidence, including certain expert testimony, admissible to establish causation and harm for these actions. The bill would revive certain actions that have not
been litigated to finality and that would otherwise be barred as of January 1, 2027, because the applicable statute of limitations or any other time limit had expired. The bill would provide that its provisions are severable.
Existing law prohibits a mental health provider, as defined, from engaging in sexual orientation change efforts, as defined, with a patient under 18 years of age. Existing law provides that any sexual orientation change efforts attempted on a patient under 18 years of age by a mental health provider shall be considered unprofessional conduct and shall subject the provider to discipline by the provider’s licensing entity.
This bill would state the intent of the Legislature to enact legislation that would provide individuals who have been harmed by sexual orientation or gender identity change efforts by licensed mental health providers to have adequate time to seek civil remedies.

Current Bill Text

Download Bill PDF