California 2015-2016 Regular Session Status: Enacted

AB 1682 — Settlement agreements: sexual offenses.

Last action — Chaptered by Secretary of State - Chapter 876, Statutes of 2016.

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

This bill has been enacted into law. Introduced January 20, 2016. Enacted.

Prognosis

Likely to advance 72% · 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.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 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 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 provides that the prohibition does not affect the ability of parties to enter into a settlement agreement or stipulated agreement requiring nondisclosure of the amount of money paid in settlement of a claim. This bill would instead prohibit 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 an act that may be prosecuted as a felony sex offense and would additionally make these provisions applicable to a cause of action for civil damages for an act of childhood sexual abuse or sexual exploitation of a minor or an act of sexual assault against an elder or dependent adult, as specified. The bill would prohibit a court from entering an order in any of these types of civil actions that restricts disclosure of this information, as specified. The bill would repeal the provision specifying that a settlement agreement or stipulated agreement that requires nondisclosure of the amount of money paid in settlement of a claim is not prohibited. The bill would make a provision in a settlement agreement that prevents the disclosure of factual information related to the action, as described in the bill, entered into on or after January 1, 2017, void as a matter of law and against public policy. The bill would provide that an attorney's failure to comply with these provisions by demanding that a provision be included in a settlement agreement that prevents the disclosure of factual information related to the action, as specified, as a condition of settlement or advising a client to sign an agreement that includes such a provision may be grounds for professional discipline and would require the State Bar of California to investigate and take appropriate action in cases brought to its attention.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 876, Statutes of 2016.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0. Page 6108.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 18 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 5016.).

  7. Read second time. Ordered to third reading.

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

  9. Read second time. Ordered to third reading.

  10. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  11. Read second time and amended. Re-referred to Com. on APPR.

  12. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (June 28).

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

  14. Referred to Com. on JUD.

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

  16. Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 4360.)

  17. Read second time. Ordered to Consent Calendar.

  18. From committee: Do pass. To Consent Calendar. (Ayes 18. Noes 0.) (April 6).

  19. From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (March 8). Re-referred to Com. on APPR.

  20. Re-referred to Com. on JUD.

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

  22. Referred to Com. on JUD.

  23. From printer. May be heard in committee February 20.

  24. Read first time. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on

Sponsors (1)

Co-sponsors (1)

  • Ting

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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

AB 1682 STONE Concurrence in Senate Amendments

Passed 80 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 70000
Democratic 5000
Republican 5000
Total 80000
% of votes cast 100%0%0%0%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Harper — Yea
Holden — Yea
Kim — Yea
Linder — Yea
Maienschein — Yea
Mathis — Yea
McCarty — Yea
O'Donnell — Yea
Ridley-Thomas — Yea
Thurmond — Yea
Wagner — Yea
Williams — Yea
Wood — Yea
Eggman — Yea
Cooley — Yea
Cooper — Yea
Daly — Yea
Frazier — Yea
Salas — Yea
Gatto — Yea
Gomez — Yea
Gordon — Yea
Burke — Yea
Jones-Sawyer — Yea
Levine — Yea
Low — Yea
Mayes — Yea
Medina — Yea
Melendez — Yea
Gray — Yea
Nazarian — Yea
Obernolte — Yea
Atkins — Yea
Chang — Yea
Bonilla — Yea
Baker — Yea
Bigelow — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Chávez — Yea
Dababneh — Yea
Dodd — Yea
Olsen — Yea
Rendon — Yea
Rodriguez — Yea
Steinorth — Yea
Waldron — Yea
Weber — Yea
Wilk — Yea
Lopez — Yea
Hadley — Yea
Mullin — Yea
Campos — Yea
Quirk — Yea
Santiago — Yea
Ting — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading AB1682 Mark Stone By Jackson

Passed 38 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 35001
Democratic 3000
Total 38001
% of votes cast 97%0%0%3%
How each member voted (39)
Member Party Vote
Beall — Yea
Block — Yea
Hill — Yea
Leyva — Yea
Moorlach — Yea
Nielsen — Yea
Pan — Yea
Fuller — Yea
Galgiani — Yea
Cannella — Yea
Glazer — Yea
Hall — Yea
Allen — Yea
Hancock — Yea
Mitchell — Yea
De León — Yea
Hernandez — Yea
Hertzberg — Not Voting
Hueso — Yea
Anderson — Yea
Bates — Yea
Huff — Yea
Lara — Yea
Leno — Yea
Liu — Yea
Mendoza — Yea
Monning — Yea
Morrell — Yea
Pavley — Yea
Roth — Yea
Vidak — Yea
Wieckowski — Yea
Wolk — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

AB 1682 STONE Consent Calendar Second Day

Passed 76 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 67003
Democratic 4001
Republican 5000
Total 76004
% of votes cast 95%0%0%5%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Maienschein — Yea
Mullin — Yea
Olsen — Yea
Ridley-Thomas — Yea
Thurmond — Yea
Waldron — Yea
Cooper — Yea
Burke — Yea
Eggman — Yea
Salas — Yea
Campos — Yea
Bonilla — Yea
Gatto — Yea
Gordon — Yea
Harper — Yea
Gray — Yea
Holden — Yea
Jones-Sawyer — Yea
Lopez — Yea
Kim — Yea
Linder — Yea
Low — Yea
Mayes — Yea
McCarty — Yea
Medina — Yea
O'Donnell — Yea
Chang — Yea
Atkins — Yea
Obernolte — Yea
Baker — Yea
Bigelow — Yea
Chau — Yea
Chiu — Yea
Chávez — Yea
Cooley — Yea
Dababneh — Yea
Daly — Yea
Dodd — Yea
Rendon — Yea
Rodriguez — Yea
Santiago — Yea
Wagner — Yea
Weber — Yea
Wilk — Yea
Williams — Yea
Chu — Yea
Levine — Not Voting
Mathis — Yea
Melendez — Not Voting
Nazarian — Not Voting
Quirk — Yea
Steinorth — Yea
Ting — Yea
Wood — Yea
Frazier — Yea
Gomez — Yea
Hadley — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Not Voting
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass. To Consent Calendar.

Passed 18 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 14002
Democratic 2000
Republican 2000
Total 18002
% of votes cast 90%0%0%10%
How each member voted (20)
Member Party Vote
Bigelow — Yea
Bloom — Yea
Holden — Yea
Obernolte — Yea
Santiago — Yea
Wagner — Yea
Weber — Yea
Eggman — Not Voting
Bonilla — Yea
Chang — Yea
Daly — Yea
Quirk — Yea
Wood — Not Voting
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Roger Hernández — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Yea
Jones, Brian W. Republican 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 1682 do?
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 provides that the prohibition does not affect the ability of parties to enter into a settlement agreement or stipulated agreement requiring nondisclosure of the amount of money paid in settlement of a claim. This bill would instead prohibit 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 an act that may be prosecuted as a felony sex offense and would additionally make these provisions applicable to a cause of action for civil damages for an act of childhood sexual abuse or sexual exploitation of a minor or an act of sexual assault against an elder or dependent adult, as specified. The bill would prohibit a court from entering an order in any of these types of civil actions that restricts disclosure of this information, as specified. The bill would repeal the provision specifying that a settlement agreement or stipulated agreement that requires nondisclosure of the amount of money paid in settlement of a claim is not prohibited. The bill would make a provision in a settlement agreement that prevents the disclosure of factual information related to the action, as described in the bill, entered into on or after January 1, 2017, void as a matter of law and against public policy. The bill would provide that an attorney's failure to comply with these provisions by demanding that a provision be included in a settlement agreement that prevents the disclosure of factual information related to the action, as specified, as a condition of settlement or advising a client to sign an agreement that includes such a provision may be grounds for professional discipline and would require the State Bar of California to investigate and take appropriate action in cases brought to its attention.
Who sponsors AB 1682?
AB 1682 is sponsored by Ting and Mark Stone.
What is the current status of AB 1682?
This bill has been enacted into law. Introduced January 20, 2016. Enacted.
Where can I track AB 1682?
Track AB 1682 free on One Click Politics — get push/email alerts when it moves.

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