Arizona House bill by Rep. Miranda passes both chambers addressing public entity liability in sexual offense cases

Passed bill authored by State Rep. Catherine Miranda seeks to clarify public entity liability in sexual offense cases, focusing on statutory duties related to employee background checks and reporting when victims are minors or children with disabilities, according to the Arizona State Senate.

It passed both chambers as of April 10, clearing the House by a vote of 58-0 and the Senate by a vote of 27-0.

The bill, introduced as SB1106 on Jan. 14, during the first regular session of the 57th Legislature, was formally listed with the short title: ‘public entity liability; sexual offenses’.

The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.

In essence, this bill, known as “Ava’s Law,” amends section 12-820.05 of the Arizona Revised Statutes, relating to the liability of public entities in cases involving sexual offenses. It specifies that a public entity is not liable for losses deriving from a public employee’s felony unless it knew of the employee’s propensity for such actions. However, exceptions are made for sexual offenses if the victim is a minor or a child with a disability. In these cases, liability is established if the public entity was in violation of a statutory duty to obtain employee background information or if it failed a statutory duty to report. The new provisions apply only to acts or omissions involving sexual offenses committed on or after the act’s effective date.

In the House, 26 Democrats and 32 Republicans voted in favor, with no opposition.

Meanwhile, in the Senate, 10 Democrats and 17 Republicans voted in favor, also with no opposing votes.

Miranda introduced the bill in the Arizona Senate on Jan. 14 during the first regular session of the 57th Legislature.

The bill was co-sponsored by Shawnna Bolick (Republican-2nd District), and Frank Carroll (Republican-28th District), and Eva Diaz (Democrat-22nd District), along with 22 others.

Miranda graduated from Arizona State University in 2003 with a BA.

Miranda, a Democrat, was elected to the Arizona State Senate in 2023 to represent the state’s 11th Senate District, replacing previous state senator Vince Leach.

The bill was signed into law by Gov. Katie Hobbs on April 18.

In Arizona, the legislative process begins when a bill is introduced in either the House of Representatives or the Senate. It is then assigned to one or more committees for discussion and possible amendment. If approved by committee, the bill proceeds to floor debate and voting in both chambers. If both chambers pass the bill, it is sent to the governor, who may sign it into law, veto it, or allow it to become law without a signature. The Arizona Legislature convenes annually in regular session starting the second Monday in January. Lawmakers introduce hundreds of bills each session, though only a portion make it into law. You can learn more about the legislative process on the Arizona State Legislature website.