California 2017-2018 Regular Session Status: Passed Assembly

AB 889 — Secrecy agreements.

Last action — Died on third reading file.

  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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 specifies that certain types of confidential or privileged information shall not be introduced as evidence in a court action. Existing law generally permits the parties to a civil action to include, as a condition to a settlement, a provision requiring that information about the settlement or the underlying dispute be kept confidential; however, existing law prohibits a confidential settlement agreement in a civil action with a factual foundation establishing a cause of action for civil damages for an act that may be prosecuted as a felony sex offense. Existing law also establishes that flouting this prohibition is grounds for professional discipline for an attorney, and it requires the State Bar of California to investigate and take appropriate action in any case brought to its attention. This bill would instead authorize but not require the State Bar to investigate these cases of attorney misconduct. This bill would also provide that in an action based upon the existence of a danger to the public health or safety, as defined, information relating to the danger that was discovered during the course of litigation shall not be kept secret pursuant to an agreement of the parties or a court order, except that a court or arbitral tribunal may order information relating to a trade secret be kept secret in narrow circumstances. The bill would similarly establish that flouting this prohibition is grounds for professional discipline for an attorney.

Bill Text

Action History

  1. Died on third reading file.

  2. Read third time and amended. Ordered to third reading. (Page 3851.)

  3. Read third time and amended. Ordered to third reading. (Page 3716.)

  4. Ordered to third reading.

  5. From inactive file.

  6. Notice of intention to remove from inactive file given by Assembly Member Mark Stone.

  7. Ordered to inactive file at the request of Assembly Member Mark Stone.

  8. Read third time and amended. Ordered to third reading. (Page 1854.)

  9. Assembly Rule 69(b) suspended. (Ayes 53. Noes 23. Page 1851.)

  10. Read second time. Ordered to third reading.

  11. From committee: Do pass. (Ayes 6. Noes 3.) (May 2).

  12. Re-referred to Com. on P. & C.P.

  13. From committee chair, with author's amendments: Amend, and re-refer to Com. on P. & C.P. Read second time and amended.

  14. Re-referred to Com. on P. & C.P.

  15. Read second time and amended.

  16. From committee: Amend, and do pass as amended and re-refer to Com. on P. & C.P. (Ayes 8. Noes 3.) (April 4).

  17. Re-referred to Com. on JUD.

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

  19. Referred to Coms. on JUD. and P. & C.P.

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

  21. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

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 as amended and be re-referred to the Committee on [Privacy and Consumer Protection]

Passed 8 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6300
Democratic 2000
Total 8300
% of votes cast 73%27%0%0%
How each member voted (11)
Member Party Vote
Holden — Yea
Maienschein — Nay
Ting — Yea
Chiu — Yea
Kiley — Nay
Chau — Yea
Cunningham — Nay
Cristina Garcia — Yea
Mark Stone — Yea
Kalra, Ash Democratic Yea
Reyes, Eloise Gómez Democratic Yea

Official roll call →

Subjects

public-safety 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 AB 889 do?
Existing law specifies that certain types of confidential or privileged information shall not be introduced as evidence in a court action. Existing law generally permits the parties to a civil action to include, as a condition to a settlement, a provision requiring that information about the settlement or the underlying dispute be kept confidential; however, existing law prohibits a confidential settlement agreement in a civil action with a factual foundation establishing a cause of action for civil damages for an act that may be prosecuted as a felony sex offense. Existing law also establishes that flouting this prohibition is grounds for professional discipline for an attorney, and it requires the State Bar of California to investigate and take appropriate action in any case brought to its attention. This bill would instead authorize but not require the State Bar to investigate these cases of attorney misconduct. This bill would also provide that in an action based upon the existence of a danger to the public health or safety, as defined, information relating to the danger that was discovered during the course of litigation shall not be kept secret pursuant to an agreement of the parties or a court order, except that a court or arbitral tribunal may order information relating to a trade secret be kept secret in narrow circumstances. The bill would similarly establish that flouting this prohibition is grounds for professional discipline for an attorney.
Who sponsors AB 889?
AB 889 is sponsored by Mark Stone.
What is the current status of AB 889?
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 889?
Track AB 889 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 2 months ago · updated continuously

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