Attorney General No.

SA95RF0055

Secretary of State No.

711

Description

LIMITING IMMUNITY. JUDGES. PROSECUTORS. SOCIAL WORKERS. INITIATIVE CONSTITUTIONAL AMENDMENT. Eliminates immunity from civil liability of judges, prosecutors, and social workers for clear constitutional violations, deliberate violations of law, concealment of evidentiary truth or evidence, judicial acts lacking jurisdiction or authority, and unreasonable delay in concluding cases. Permits civil suits against prosecutors and social workers for willful violations of law and for certain prosecutions motivated by gender, racial and other specified bias. Requires notice amongst public agencies to prevent public officials from receiving unlimited immunity. Permits amendments by 2/3 vote of Legislature. Contains severability clause if part is held invalid. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: The cost of this measure is unknown, and would depend largely on the number of lawsuits filed as a result of the new limitations on immunity. State and local governments usually pay the cost of defending their employees and reimburse government employees for monetary awards assessed against them. The costs to state and local government could range from the millions to tens of millions annually.

Proponents

Rose M. Colombo Adele M. Trent Rebecca Laurence, 16027 Brookhurst Street, Suite G279, Fountain Valley, Ca 92708 (714) 839-5256 (714) 650-6012

Date

1-29-1996

Document Type

Initiative

Qualified

Failed to Qualify

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