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AB-2875 Confidential settlement agreements: sex offenses.(2005-2006)

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AB2875:v95#DOCUMENT

Assembly Bill No. 2875
CHAPTER 151

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.

[ Approved by Governor  August 23, 2006. 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 is the policy of the state that in any civil action the factual foundation for which establishes a cause of action for a 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.
This bill would prohibit a confidential settlement agreement 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. 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Chapter 3.5 (commencing with Section 1002) is added to Title 14 of Part 2 of the Code of Civil Procedure, to read:
CHAPTER  3.5. Confidential Settlement Agreements

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 or 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.
(c) 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.