BILL NUMBER: AB 2875	CHAPTERED  08/23/06

	CHAPTER  151
	FILED WITH SECRETARY OF STATE  AUGUST 23, 2006
	APPROVED BY GOVERNOR  AUGUST 23, 2006
	PASSED THE ASSEMBLY  AUGUST 7, 2006
	PASSED THE SENATE  JUNE 29, 2006
	AMENDED IN SENATE  JUNE 27, 2006
	AMENDED IN ASSEMBLY  MAY 2, 2006

INTRODUCED BY   Assembly Member Pavley
   (Coauthor: Assembly Member Jones)
   (Coauthor: Senator Kuehl)

                        FEBRUARY 24, 2006

   An act to add Chapter 3.5 (commencing with Section 1002) to Title
14 of Part 2 of the Code of Civil Procedure, relating to confidential
settlement agreements.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2875, Pavley  Confidential settlement agreements: sex offenses.

   Existing law provides that it is the policy of the state that in
any civil action the factual foundation for which establishes a cause
of action for a violation of the Elder Abuse and Dependent Adult
Civil Protection Act, confidential settlement agreements are
disfavored, and require a showing, as specified, before a
confidentiality agreement in this type of proceeding may be
recognized or enforced by the court.
   This bill would prohibit a confidential settlement agreement in
any civil action the factual foundation for which establishes a cause
of action for civil damages for an act that may be prosecuted as a
felony sex offense.  Notwithstanding that provision, the bill would
not preclude an agreement preventing the defendant from disclosing
any medical information or personal identifying information, as
defined, regarding the victim of the felony sex offense or their
relationship, and would not apply to or affect the ability of the
parties to enter into an agreement that requires the nondisclosure of
the amount of money paid in a settlement.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Chapter 3.5 (commencing with Section 1002) is added to
Title 14 of Part 2 of the Code of Civil Procedure, to read:
      CHAPTER 3.5.  Confidential Settlement Agreements

   1002.  (a) Notwithstanding any other provision of law, a
confidential settlement agreement is prohibited in any civil action
the factual foundation for which establishes a cause of action for
civil damages for an act that may be prosecuted as a felony sex
offense.
   (b) Subdivision (a) does not preclude an agreement preventing the
defendant or any person acting on his or her behalf from disclosing
any medical information or personal identifying information, as
defined in subdivision (b) of Section 530.5 of the Penal Code,
regarding the victim of the felony sex offense or of any information
revealing the nature of the relationship between the victim and the
defendant. This subdivision shall not be construed to limit the right
of a crime victim to disclose this information.
   (c) Subdivision (a) does not apply to or affect the ability of the
parties to enter into a settlement agreement or stipulated agreement
that requires the nondisclosure of the amount of any money paid in a
settlement of a claim.