California 2017-2018 Regular Session Status: Passed Assembly 1 D cosponsors

AB 3121 — Evidentiary privileges: union agent-represented worker privilege.

Last action — Ordered to inactive file at the request of Senator Monning.

Track this bill free

No card. One bill, free forever — alerts when it moves.

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

This bill died with 2017-2018 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law governs the admissibility of evidence in court proceedings and generally provides a privilege as to communications made in the course of certain relations, including the attorney-client, physician-patient, and psychotherapist-patient relationship, as specified. Under existing law, the right of any person to claim those evidentiary privileges is waived with respect to a communication protected by the privilege if any holder of the privilege, without coercion, has disclosed a significant part of the communication or has consented to a disclosure made by anyone. This bill would provide that a union agent, as defined, and a represented employee or represented former employee have a privilege to refuse to disclose any confidential communication between the employee or former employee and the union agent while the union agent was acting in his or her representative capacity, except as specified. The bill would provide that a represented employee or represented former employee also has a privilege to prevent another person from disclosing a privileged communication, except as specified. The bill would further provide that this privilege may be waived in accordance with existing law and does not apply in criminal proceedings.

Bill Text

Action History

  1. Ordered to inactive file at the request of Senator Monning.

  2. Read second time. Ordered to third reading.

  3. From committee: Do pass. (Ayes 5. Noes 2.) (June 19).

  4. Referred to Com. on JUD.

  5. In Senate. Read first time. To Com. on RLS. for assignment.

  6. Read third time. Passed. Ordered to the Senate. (Ayes 45. Noes 22. Page 4891.)

  7. Read second time. Ordered to third reading.

  8. From committee: Do pass. (Ayes 8. Noes 2.) (April 17).

  9. Re-referred to Com. on JUD.

  10. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  11. Referred to Com. on JUD.

  12. From printer. May be heard in committee March 19.

  13. Read first time. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 6 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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

Do pass

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 3200
Democratic 2000
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Monning — Yea
Hertzberg — Yea
Anderson — Nay
Moorlach — Nay
Wieckowski — Yea
Jackson, Corey A. Democratic Yea
Stern, Henry I. Democratic Yea

Official roll call →

AB 3121 KALRA Assembly Third Reading

Passed 45 Yea · 22 Nay · 11 Other
Party YeaNayPresentNot Voting
Unaffiliated 3017010
Democratic 15000
Republican 0501
Total 4522011
% of votes cast 58%28%0%14%
How each member voted (78)
Member Party Vote
Acosta — Nay
Baker — Nay
Bigelow — Nay
Bloom — Yea
Brough — Nay
Jones-Sawyer — Yea
Maienschein — Not Voting
Mathis — Nay
Quirk — Yea
Rodriguez — Not Voting
Voepel — Nay
Wood — Yea
Chiu — Yea
Eggman — Yea
Friedman — Yea
Gonzalez Fletcher — Yea
Gloria — Yea
Burke — Yea
Holden — Yea
Kamlager-Dove — Yea
Kiley — Nay
Levine — Nay
Salas — Nay
Low — Yea
Mayes — Nay
McCarty — Yea
Medina — Yea
Chau — Yea
Chu — Yea
Melendez — Nay
Mullin — Yea
Nazarian — Yea
O'Donnell — Yea
Obernolte — Nay
Rendon — Yea
Santiago — Yea
Thurmond — Yea
Ting — Yea
Waldron — Nay
Weber — Yea
Fong — Not Voting
Rubio — Not Voting
Gray — Not Voting
Harper — Nay
Chávez — Nay
Cooley — Not Voting
Steinorth — Not Voting
Cooper — Yea
Cunningham — Nay
Daly — Not Voting
Frazier — Yea
Cristina Garcia — Not Voting
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
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
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 Not Voting
Gallagher, James Republican Nay
Lackey, Tom Republican Nay

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
Holden — Yea
Kiley — Nay
Maienschein — Yea
Chiu — Yea
Chau — Yea
Gonzalez Fletcher — Yea
Cunningham — Nay
Mark Stone — Yea
Kalra, Ash Democratic Yea
Reyes, Eloise Gómez Democratic Yea

Official roll call →

Subjects

labor
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 AB 3121 do?
Existing law governs the admissibility of evidence in court proceedings and generally provides a privilege as to communications made in the course of certain relations, including the attorney-client, physician-patient, and psychotherapist-patient relationship, as specified. Under existing law, the right of any person to claim those evidentiary privileges is waived with respect to a communication protected by the privilege if any holder of the privilege, without coercion, has disclosed a significant part of the communication or has consented to a disclosure made by anyone. This bill would provide that a union agent, as defined, and a represented employee or represented former employee have a privilege to refuse to disclose any confidential communication between the employee or former employee and the union agent while the union agent was acting in his or her representative capacity, except as specified. The bill would provide that a represented employee or represented former employee also has a privilege to prevent another person from disclosing a privileged communication, except as specified. The bill would further provide that this privilege may be waived in accordance with existing law and does not apply in criminal proceedings.
Who sponsors AB 3121?
AB 3121 is sponsored by Kalra, Ash (Democratic).
What is the current status of AB 3121?
This bill died with 2017-2018 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 3121?
Track AB 3121 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on AB 3121

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of AB 3121

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →