California 2017-2018 Regular Session Status: Enacted

SB 820 — Settlement agreements: confidentiality.

Last action — Chaptered by Secretary of State. Chapter 953, Statutes of 2018.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 03, 2018. Enacted.

Prognosis

Likely to advance 76% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 4 sponsors

    1 primary, 3 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law prohibits a provision in a settlement agreement that prevents the disclosure of factual information related to the action in a civil action with a factual foundation establishing a cause of action for civil damages for certain enumerated sexual offenses. Existing law prohibits a court from entering an order in any of these types of civil actions that restricts disclosure of this information, as specified, and it makes a provision in a settlement agreement that prevents the disclosure of factual information related to the action, entered into on or after January 1, 2017, void as a matter of law and against public policy. This bill would prohibit a provision in a settlement agreement that prevents the disclosure of factual information relating to certain claims of sexual assault, sexual harassment, or harassment or discrimination based on sex, that are filed in a civil or administrative action. The bill would make a provision in a settlement agreement that prevents the disclosure of factual information related to the claim, as described in the bill, entered into on or after January 1, 2019, void as a matter of law and against public policy. The bill would also provide that a court may consider the pleadings and other papers in the record, or any other findings of the court in determining the factual foundation of the causes of action specified in these provisions. The bill would create an exception, not applicable if a party is a government agency or public official, for a provision that shields the identity of the claimant and all facts that could lead to the discovery of his or her identity, if the provision is included within the settlement agreement at the request of the claimant.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 953, Statutes of 2018.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 5 p.m.

  4. Assembly amendments concurred in. (Ayes 30. Noes 8. Page 5688.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 56. Noes 19. Page 6471.) Ordered to the Senate.

  7. Read second time. Ordered to third reading.

  8. From committee: Do pass. (Ayes 8. Noes 2.) (July 3).

  9. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  10. Referred to Com. on JUD.

  11. In Assembly. Read first time. Held at Desk.

  12. Read third time. Passed. (Ayes 29. Noes 7. Page 4212.) Ordered to the Assembly.

  13. Read second time and amended. Ordered to third reading.

  14. From committee: Do pass as amended. (Ayes 5. Noes 1. Page 4915.) (May 1).

  15. Set for hearing May 1.

  16. Referred to Com. on JUD.

  17. From printer. May be acted upon on or after February 3.

  18. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Gonzalez Fletcher · Cosponsor
  • Beall · Cosponsor
  • Hernandez · Cosponsor
  • Leyva · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 3 co-sponsors · 118 not signed on · 9 voted No

Sponsors (1)

  • Leyva

Co-sponsors (3)

  • Gonzalez Fletcher
  • Beall
  • Hernandez

Not signed on (118)

118 members have not signed on to this bill.

Show all 118 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB820 Leyva et al. Concurrence

Passed 30 Yea · 8 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 25802
Democratic 5000
Total 30802
% of votes cast 75%20%0%5%
How each member voted (40)
Member Party Vote
Anderson — Nay
Leyva — Yea
Roth — Yea
Skinner — Yea
Vidak — Yea
Cannella — Not Voting
Glazer — Yea
Hernandez — Yea
Hertzberg — Yea
Chang — Yea
Portantino — Yea
Allen — Yea
Atkins — Yea
Hill — Yea
Hueso — Yea
Mitchell — Yea
De León — Yea
Delgado — Yea
Lara — Yea
Dodd — Yea
Bates — Nay
Beall — Yea
Bradford — Yea
Monning — Yea
Moorlach — Nay
Morrell — Nay
Nielsen — Nay
Pan — Yea
Wieckowski — Yea
Wilk — Yea
Fuller — Nay
Galgiani — Yea
Beth Gaines — Nay
Bill Berryhill — Not Voting
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

SB 820 Leyva Senate Third Reading By GONZALEZ FLETCHER

Passed 56 Yea · 19 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 401404
Democratic 15001
Republican 1500
Total 561905
% of votes cast 70%24%0%6%
How each member voted (80)
Member Party Vote
Acosta — Yea
Baker — Yea
Bigelow — Nay
Bloom — Yea
Brough — Nay
Holden — Yea
Levine — Yea
Mathis — Nay
Mullin — Yea
Nazarian — Yea
O'Donnell — Yea
Obernolte — Nay
Quirk — Yea
Thurmond — Yea
Waldron — Yea
Eggman — Yea
Burke — Yea
Frazier — Yea
Gonzalez Fletcher — Yea
Jones-Sawyer — Yea
Kamlager-Dove — Yea
Rubio — Yea
Rivas — Yea
Low — Yea
Chau — Yea
Chu — Yea
Cooley — Yea
Daly — Yea
McCarty — Yea
Medina — Yea
Rendon — Yea
Rodriguez — Yea
Santiago — Yea
Ting — Yea
Weber — Yea
Wood — Yea
Fong — Nay
Salas — Not Voting
Gray — Not Voting
Harper — Nay
Kiley — Nay
Maienschein — Yea
Mayes — Nay
Melendez — Nay
Chiu — Yea
Chávez — Nay
Cooper — Not Voting
Cunningham — Nay
Steinorth — Nay
Voepel — Nay
Friedman — Yea
Gloria — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Mark Stone — Yea
Travis Allen — Not Voting
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Not Voting
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Yea

Official roll call →

Do pass.

Passed 8 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6200
Democratic 2000
Total 8200
% of votes cast 80%20%0%0%
How each member voted (10)
Member Party Vote
Maienschein — Yea
Chau — Yea
Gonzalez Fletcher — Yea
Chiu — Yea
Holden — Yea
Kiley — Nay
Cunningham — Nay
Mark Stone — Yea
Kalra, Ash Democratic Yea
Reyes, Eloise Gómez Democratic Yea

Official roll call →

3rd Reading SB820 Leyva et al.

Passed 29 Yea · 7 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 24703
Democratic 5000
Total 29703
% of votes cast 74%18%0%8%
How each member voted (39)
Member Party Vote
Anderson — Nay
Bates — Yea
Hueso — Yea
Newman — Yea
Nielsen — Nay
Wilk — Yea
Dodd — Yea
Fuller — Nay
Galgiani — Yea
Glazer — Yea
Atkins — Yea
Mitchell — Yea
Hernandez — Yea
Portantino — Yea
Hertzberg — Yea
Allen — Yea
Beall — Yea
Bradford — Yea
Hill — Yea
Lara — Yea
Leyva — Yea
Monning — Yea
Pan — Yea
Roth — Yea
Skinner — Yea
Vidak — Yea
Wieckowski — Yea
Cannella — Not Voting
De León — Not Voting
Moorlach — Nay
Morrell — Nay
Beth Gaines — Not Voting
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Do pass as amended

Passed 5 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 3101
Democratic 2000
Total 5101
% of votes cast 71%14%0%14%
How each member voted (7)
Member Party Vote
Anderson — Nay
Moorlach — Not Voting
Hertzberg — Yea
Monning — Yea
Wieckowski — Yea
Jackson, Corey A. Democratic Yea
Stern, Henry I. Democratic Yea

Official roll call →

Subjects

civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 820 do?
Existing law prohibits a provision in a settlement agreement that prevents the disclosure of factual information related to the action in a civil action with a factual foundation establishing a cause of action for civil damages for certain enumerated sexual offenses. Existing law prohibits a court from entering an order in any of these types of civil actions that restricts disclosure of this information, as specified, and it makes a provision in a settlement agreement that prevents the disclosure of factual information related to the action, entered into on or after January 1, 2017, void as a matter of law and against public policy. This bill would prohibit a provision in a settlement agreement that prevents the disclosure of factual information relating to certain claims of sexual assault, sexual harassment, or harassment or discrimination based on sex, that are filed in a civil or administrative action. The bill would make a provision in a settlement agreement that prevents the disclosure of factual information related to the claim, as described in the bill, entered into on or after January 1, 2019, void as a matter of law and against public policy. The bill would also provide that a court may consider the pleadings and other papers in the record, or any other findings of the court in determining the factual foundation of the causes of action specified in these provisions. The bill would create an exception, not applicable if a party is a government agency or public official, for a provision that shields the identity of the claimant and all facts that could lead to the discovery of his or her identity, if the provision is included within the settlement agreement at the request of the claimant.
Who sponsors SB 820?
SB 820 is sponsored by Gonzalez Fletcher, Beall, Hernandez, and Leyva.
What is the current status of SB 820?
This bill has been enacted into law. Introduced January 03, 2018. Enacted.
Where can I track SB 820?
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