BILL ANALYSIS Ó
AB 1682
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Date of Hearing: April 6, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
AB
1682 (Mark Stone) - As Amended February 29, 2016
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|Policy |Judiciary |Vote:|9 - 0 |
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill:
1)Expands the type of civil actions that cannot be the subject
of secret settlements to include not only acts that may be
prosecuted as felony sex offenses, but also an act of
childhood sexual abuse or an act of sexual exploitation of a
minor.
AB 1682
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2)Provides, for settlement agreements entered into after January
1, 2017, that an attorney demanding a confidentiality
provision within a settlement agreement as described above and
as a condition of settlement is subject to investigation and
discipline by the State Bar.
FISCAL EFFECT:
Negligible fiscal impact.
COMMENTS:
Background and Purpose. Current law, which prohibits the
confidential settlement of a civil action where the factual
basis for the action is "an act that may be prosecuted as a
felony sex offense," arguably contains a significant loophole.
Although minors cannot legally enter into contracts or
settlements, and cannot be held to the terms and conditions of
agreements to settle civil actions, unless those agreements are
signed by their parents, guardians, or guardians ad litem and
approved by a court, current law allows the secret settlement of
a civil action based upon childhood sexual abuse or exploitation
as long as the underlying act can be characterized as an offense
other than a felony. This is problematic because many sexual
abuse and exploitation offenses that victimize minors are not
felonies, or can easily be characterized as less serious
offenses. This problem is exacerbated by the fact that many of
the offenses are never referred to law enforcement and therefore
never reviewed by prosecutors to determine whether felony
charges are appropriate.
AB 1682 closes this apparent loophole and protects the safety of
AB 1682
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children and the public at large. It clarifies that the secret
settlement of civil actions involving the sexual abuse or
exploitation of minors, whether felonies or misdemeanors, is
against public policy. This bill is sponsored by the California
Coalition Against Sexual Assault and is supported by Consumer
Attorneys of California, numerous law enforcement agencies and
associations, and numerous organizations that provide services
to survivors of sexual assault. It has no known opposition.
Analysis Prepared by:Chuck Nicol / APPR. / (916)
319-2081