CONFIDENTIAL OR PRIVILEGED. 2006 Cal. Legis. Sorv \ ¢ fit. (fe 2006 Cal. Legis. Serv. Ch. 151 (A.B. 2875) (WEST) 1p 06 CALIFORNIA 2006 LEGISLATIVE SERVICE 2006 Portion of 2005-2006 Regular Session Additions are indicated by Text; deletions by Changes in tables are made but not highlighted, CHAPTER 151 A.B. No. 2875 CONFIDENTIAL OR PRIVILEGED INFORMATION SETTLEMENT AGREEMENTS SEX OFFENSES AN ACT to add Chapter 3.5 (commencing with Section 1002) to Title 14 of Part 2 of the Code of Civil Procedure, relating to confidential settlement agreements. [Filed with Secretary of State August 23, 2006.] LEGISLATIVE COUNSEL'S DIGEST AB 2875, Pavley Confidential settlement agreements: sex offenses. Existing law provides that it isthe policy of the state that in any civil action the factual foundation for which establishes a cause of action fora violation of the Elder Abuse and Dependent Adult Civil Protection Act, confidential settlement agreements are disfavored, and require a showing, as specified, before a confidentiality agreement in this type of proceeding may be recognized or enforced by the court ‘his bill would prohibit a confidential settlement agreement in any civil action the factual foundation for which establishes cause of action for civil damages for an act that may be prosecuted as a felony sex offense Notwithstanding that provision, the bill would not preclude an agreement preventing the defendant from disclosing ‘any medical information or personal identifying information, as defined, regarding the victim of the felony sex offense ‘or their relationship, and! would not apply to or affect the ability of the parties to enter into an agreement that requires ‘the nondisclosure of the amount of money paid in a settlement. The people of the State of California do enact as follows: << CA CIV PRO pr. 1002 (¢. hd.) >> SECTION 1. Chapter 3.5 (commencing with Section 1002) is added to Title 14 of Part2 of the Code of Civil Procedure, to read: ‘Chapter 3.5. Confidential Settlement Agreements << CA CIV PRO § 1002 >> 1002, (a) Notwithstanding any other provision of law, a confidential settlement agreement is prohibited in any civil action the factual foundation for which establishes a cause of action for civil damages for an act that may be prosecuted as.a felony sex offense, (b) Subdivision (a) does not preclude an agreement preventing the defendant or any person acting on his or her behalf from disclosing any medical information o personal identifying information, as defined in subdivision (b) of Section 530.5 of the Penal Code, regarding the victim of the felony sex offense or of any information revealing the nature of the relationship between the victim and the defendant. This subdivision shall not be construed to limit the right of a crime victim to disclose this information.CONFIDENTIAL OR PRIVILEGED..., 2006 Cal. Legis. Serv. (©) Subdivision (a) does not apply to or affect the ability of the parties to enter into a settlement agreement or stipulated agreement that requires the nondisclosure of the amount of any money paid in a settlement of a claim. CA LEGIS 151 (2006) WESTLAW§ 1002, Settiement agreement provisions or court orders... CA CIV PRO § 1002 Proposed Legation West's Annotated California Codes Code of Civil Procedure (Refs & Annos) Part 2. Of Civil Actions (Refs & Annos) Title 14. Of Miscellaneous Provisions Chapter 3.5. Confidential Settlement Agreements (Refs & Annos) wool West's Ann.Cal.C.C.P. § 1002 § 1002. Settlement agreement provisions or court orders preventing disclosure of factual information relating to action; actions where prohibited Effective: January 1, 2017 to December 31, 2017 Currentness (@) Notwithstanding any other law, a provision within a settlement agreement ihat prevents the disclosure of factual information related to the action is prohibited in any civil action the factual foundation for which establishes a cause of ‘action for civil damages for any of the following: (1) An act that may be prosecuted as a felony sex offense. (2) An act of childhood sexual abuse, as defined in Section 340. (3) An act of sexual exploitation of a minor, as defined in Section 11165.1 of the Penal Code, of conduct prohibited with ‘espect to a minor pursuant to Section 31.1, 311.5, of 311.6 of the Penal Code. (4) Am act of sexual assault, as defined in paragraphs (1) to (9), inclusive, of subdivision (e) of Section 15610.63 of the Welfare and Institutions Code, against an elder or dependent adult, as defined in Sections 15610.23 and 15610.7 of the Welfare and Institutions Code, (b) Notwithstanding any other law, in a civil action described in paragraphs (1) to (4), inclusive, of subdivision (a), a court shall not enter, by stipulation or otherwise, an order that restricts the disclosure of information in a manner that ‘conflicts with subdivision (a), (©) Subdivisions (a) and (b) do not preclude an agreement preventing the disclosure of any medical information or personal identifying information, as defined in subdivision (b) of Section $30.55 of the Penal Code, regarding the victim of the offense listed in subdivision (a) or of any information revealing the nature of the relationship between the victim ‘and the defendant. This subdivision shall not be construed to limit the right of a crime vietim to disclose this information.{§ 1002, Settlement agreement provisions or court orders.... CA CIV PRO § 1002 (@) Except as authorized by subdivision (c), a provision within a settlement agreement that prevents the disclosure of factual information related to the action described in subdivision (a) that is entered into on or after January 1, 2017, is void as a matter of law and against public policy. (€) An attorney’ failure to comply with the requirements of this section by demanding that a provision be included in a settlement agreement that prevents the disclosure of factual information related to the action described in subdivision (a) that is not otherwise authorized by subdivision (c) as a condition of settlement, or advising a client to sign an agreement that includes such a provision, may be grounds for professional discipline and the State Bar of California shall investigate and take appropriate action in any such case brought to its attention, credits (Added by Stats.2006, c. 151 (A.B.2875), § 1. Amended by Stats.2016, c. 876 (A.B.1682), § 1, eff. Jan, 1, 2017.) ‘West's Ann. Cal. C.C.P. § 1002, CA CIV PRO § 1002 Current with all 2017 Reg Sess. laws.