Bill Text

Bill Information

PDF |Add To My Favorites |Track Bill | print page

AB-3109 Contracts: waiver of right of petition or free speech.(2017-2018)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 08/23/2018 04:00 AM
AB3109:v94#DOCUMENT

Enrolled  August 22, 2018
Passed  IN  Senate  August 13, 2018
Passed  IN  Assembly  August 20, 2018
Amended  IN  Senate  June 19, 2018
Amended  IN  Senate  May 31, 2018
Amended  IN  Assembly  May 09, 2018
Amended  IN  Assembly  May 02, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 3109


Introduced by Assembly Member Mark Stone
(Principal coauthors: Assembly Members Friedman and Reyes)

February 16, 2018


An act to add Section 1670.11 to the Civil Code, relating to contracts.


LEGISLATIVE COUNSEL'S DIGEST


AB 3109, Mark Stone. Contracts: waiver of right of petition or free speech.
The California Constitution provides that the people have the right to petition government for redress of grievances and to assemble freely to consult for the common good. The California Constitution provides that every person may freely speak, write, and publish his or her sentiments on all subjects, being responsible for the abuse of this right. Existing law generally regulates formation and enforcement of contracts, including what constitutes an unlawful contract. Under existing law, a contract is unlawful if it is contrary to an express provision of law, contrary to the policy of express law, though not expressly prohibited, or otherwise contrary to good morals. A contract is also void to the extent that it restrains a person from engaging in a lawful profession, trade, or business of any kind.
This bill would make a provision in a contract or settlement agreement void and unenforceable if it waives a party’s right to testify in an administrative, legislative, or judicial proceeding concerning alleged criminal conduct or sexual harassment.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 1670.11 is added to the Civil Code, to read:

1670.11.
 Notwithstanding any other law, a provision in a contract or settlement agreement entered into on or after January 1, 2019, that waives a party’s right to testify in an administrative, legislative, or judicial proceeding concerning alleged criminal conduct or alleged sexual harassment on the part of the other party to the contract or settlement agreement, or on the part of the agents or employees of the other party, when the party has been required or requested to attend the proceeding pursuant to a court order, subpoena, or written request from an administrative agency or the legislature, is void and unenforceable.