Bill Text: CA SB774 | 2021-2022 | Regular Session | Amended

California Senate Bill 774 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Pets and veterinary services: emotional support dogs.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2022-09-26 - Chaptered by Secretary of State. Chapter 550, Statutes of 2022. [SB774 Detail]

Download: California-2021-SB774-Amended.html

Amended IN Assembly July 14, 2021

Amended IN Senate March 03, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill

No. 774

Introduced by Senator Hertzberg

February 19, 2021

An act to add Section 954.1 to the Evidence Code, relating to evidence.

LEGISLATIVE COUNSEL'S DIGEST

SB 774, as amended, Hertzberg. Lawyer-client privilege: Department of Fair Employment and Housing.

Existing law establishes the lawyer-client evidentiary privilege in court proceedings, whereby the client of a lawyer has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between the client and lawyer.

The California Fair Employment and Housing Act prohibits an employer from discriminating against an employee on account of certain characteristics. The act authorizes a person alleging a violation of specified provisions of the act to submit a complaint to the Department of Fair Employment and Housing, and requires the department to take actions to investigate that complaint.

This bill would specify that the lawyer-client privilege applies to confidential communications between a lawyer of the Department of Fair Employment and Housing and a person who files a complaint with the department or another aggrieved person on whose behalf a complaint is filed. The bill would require a complainant or aggrieved person to assert the privilege on behalf of the department, unless the department objects. The bill would prohibit waiver of the privilege without the written consent of the department. The bill would state that these provisions are declarative of existing law and apply retroactively.

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

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

SECTION 1.

Section 954.1 is added to the Evidence Code, to read:

954.1.

(a) ~~Subject~~ For purposes of this section, “department” means the Department of Fair Employment and Housing.

(b) Subject to Section 912 and except as otherwise provided in this article, the lawyer-client privilege applies to confidential communications between a lawyer of the ~~Department of Fair Employment and Housing~~ department and a complainant who files a complaint with the ~~Department of Fair Employment and Housing~~ department or another person aggrieved by alleged discriminatory practices on whose behalf a complaint is filed. The ~~Department of Fair Employment and Housing~~ department is the holder of the ~~privilege.~~ privilege and may claim the privilege.

(c) (1) Pursuant to subdivision (b) of Section 954 and subject to paragraph (2) of this subdivision, a complainant or aggrieved party shall assert the privilege described in subdivision (b) on behalf of the department, but shall not assert the privilege over the objection of the department.
(2) The privilege described in subdivision (b) shall not be waived without the written consent of the department.
~~(b)~~

(d) (1) The purpose of this section is ~~only~~ to protect the confidentiality of communications between the ~~Department of Fair Employment and Housing’s~~ department’s lawyers and complainants or other aggrieved ~~persons.~~ persons to further the department’s enforcement of civil rights laws. Confidentiality of such communications is reasonably necessary for the department to conduct its investigations and prosecutions under state and federal antidiscrimination laws, vigorously enforce such laws on behalf of the department and the public interest, and remedy, deter, and prevent violation of such laws, and for the department’s lawyers to represent the department. This section does not establish a fiduciary, attorney-client relationship between a ~~Department of Fair Employment and Housing~~ department lawyer and a complainant or aggrieved person. It does not limit the ~~Department of Fair Employment and Housing’s~~ department’s own rights under this ~~article or~~ article, its independent authority over how it receives, investigates, conciliates, mediates, or prosecutes ~~complaints.~~ complaints, or the effective remedies available for violations of state and federal civil rights laws.

(2) This section is declarative of, and clarifies, existing law and applies retroactively.