Bill Text: CA AB3109 | 2017-2018 | Regular Session | Chaptered

California Assembly Bill 3109 (Prior Session Legislation)

Bill Title: Contracts: waiver of right of petition or free speech.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2018-09-30 - Chaptered by Secretary of State - Chapter 949, Statutes of 2018. [AB3109 Detail]

Download: California-2017-AB3109-Chaptered.html

Assembly Bill No. 3109

CHAPTER 949

An act to add Section 1670.11 to the Civil Code, relating to contracts.

[ Approved by Governor September 30, 2018. Filed with Secretary of State September 30, 2018. ]

LEGISLATIVE COUNSEL'S DIGEST

AB 3109, Mark Stone. Contracts: waiver of right of petition or free speech.

The California Constitution provides that the people have the right to petition government for redress of grievances and to assemble freely to consult for the common good. The California Constitution provides that every person may freely speak, write, and publish his or her sentiments on all subjects, being responsible for the abuse of this right. Existing law generally regulates formation and enforcement of contracts, including what constitutes an unlawful contract. Under existing law, a contract is unlawful if it is contrary to an express provision of law, contrary to the policy of express law, though not expressly prohibited, or otherwise contrary to good morals. A contract is also void to the extent that it restrains a person from engaging in a lawful profession, trade, or business of any kind.

This bill would make a provision in a contract or settlement agreement void and unenforceable if it waives a party’s right to testify in an administrative, legislative, or judicial proceeding concerning alleged criminal conduct or sexual harassment.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 1670.11 is added to the Civil Code, to read:

1670.11.

Notwithstanding any other law, a provision in a contract or settlement agreement entered into on or after January 1, 2019, that waives a party’s right to testify in an administrative, legislative, or judicial proceeding concerning alleged criminal conduct or alleged sexual harassment on the part of the other party to the contract or settlement agreement, or on the part of the agents or employees of the other party, when the party has been required or requested to attend the proceeding pursuant to a court order, subpoena, or written request from an administrative agency or the legislature, is void and unenforceable.