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AB-3271 Enrollment agreements.(2019-2020)

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Date Published: 05/18/2020 09:00 PM
AB3271:v97#DOCUMENT

Amended  IN  Assembly  May 18, 2020
Amended  IN  Assembly  May 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 3271


Introduced by Assembly Member Kiley

February 21, 2020


An act to add Chapter 3.7 (commencing with Section 1002.7) to Title 14 of Part 2 of the Code of Civil Procedure, relating to enrollment agreements.


LEGISLATIVE COUNSEL'S DIGEST


AB 3271, as amended, Kiley. Enrollment agreements.
Existing law prescribes various conditions and limitations on enrollment in educational institutions, including, in some cases, on the provisions in enrollment agreements.
This bill would provide that authorize a minor to disaffirm a provision in an enrollment agreement that purports to waive any a legal right, remedy, forum, proceeding, or procedure for a student’s claim of sexual assault or battery, including a childhood sexual assault, as defined, shall be deemed void and unenforceable. procedure, regardless of whether a parent or legal guardian has signed the enrollment agreement on the minor’s behalf, to the extent that the provision is construed to require the minor to waive a legal right, remedy, forum, proceeding, or procedure arising out of a criminal sexual assault or criminal sexual battery, as defined, on that minor.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Chapter 3.7 (commencing with Section 1002.7) is added to Title 14 of Part 2 of the Code of Civil Procedure, to read:
CHAPTER  3.7. Enrollment Agreements

1002.7.
 (a) The Legislature finds and declares that it is unconscionable for a parent, on behalf of their minor child, to be required to waive a legal right, remedy, forum, proceeding, or procedure, including the right to file and pursue a civil action, belonging to that minor child with respect to claims arising out of a criminal sexual assault or criminal sexual battery as a condition to enrollment in an educational institution.
(b) Notwithstanding Chapter 2 (commencing with Section 6710) of Part 3 of Division 11 of the Family Code, a provision in an enrollment agreement that purports to waive a legal right, remedy, forum, proceeding, or procedure may be disaffirmed by the minor, regardless of whether a parent or legal guardian has signed the enrollment agreement on the minor’s behalf, to the extent that the provision is construed to require the minor to waive a legal right, remedy, forum, proceeding, or procedure arising out of a criminal sexual assault or criminal sexual battery on that minor.
(c) The fact that a provision in an enrollment agreement has been disaffirmed by the minor pursuant to this section does not affect the validity or enforceability of any other provision of the enrollment agreement.
(d) For purposes of this section, the following definitions apply:
(1) “Criminal sexual assault” means an act that was perpetrated against a person under 18 years of age and that would be a crime under Section 261.5, 286, 287, 288, 288.7, or 289 of the Penal Code, or any predecessor statute.
(2) “Criminal sexual battery” means an act that was perpetrated against a person under 18 years of age and that would be a crime under Section 243.4 of the Penal Code.
(3) “Enrollment agreement” means a written contract between a student and institution concerning an educational program.

SECTION 1.Chapter 3.7 (commencing with Section 1002.7) is added to Title 14 of Part 2 of the Code of Civil Procedure, to read:
3.7Enrollment agreements
1002.7.

(a)A provision in an enrollment agreement that purports to waive a legal right, remedy, forum, proceeding, or procedure for a student’s claim of sexual assault or battery, including a childhood sexual assault, shall be deemed void and unenforceable. The fact that a provision in an agreement is voided by this section does not affect the validity or enforceability of any other provision of the agreement.

(b)As used in this section:

(1)“Childhood sexual assault” means an act that was perpetrated against a person under the age of 18 years and would be a crime under Section 266j, 285, 286, 287, 288, 289, 311.4, or 647.6 of the Penal Code, or any predecessor statute.

(2)”Enrollment agreement” means a written contract between a student and institution concerning an educational program.