Amended IN Assembly May 04, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 3271Introduced by Assembly Member KileyFebruary 21, 2020 An act to add Chapter 3.7 (commencing with Section 1002.7) to Title 14 of Part 2 of the Code of Civil Procedure, relating to enrollment agreements. LEGISLATIVE COUNSEL'S DIGESTAB 3271, as amended, Kiley. Enrollment agreements.Existing law prescribes various conditions and limitations on enrollment in educational institutions, including, in some cases, on the provisions in enrollment agreements.This bill would provide that a person may not be required provision in an enrollment agreement that purports to waive any legal right, remedy, forum, proceeding, or procedure with respect to claims arising out of a childhood sexual assault, as defined, or the sexual assault or battery of a student, as a condition of enrollment in an educational institution. The bill would void as against public policy a provision in an agreement entered into or amended on or after January 1, 2020. for a students claim of sexual assault or battery, including a childhood sexual assault, as defined, shall be deemed void and unenforceable.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Chapter 3.7 (commencing with Section 1002.7) is added to Title 14 of Part 2 of the Code of Civil Procedure, to read: CHAPTER 3.7 Enrollment agreements1002.7.(a)A person shall not be required to waive any legal right, remedy, forum, proceeding, or procedure, including the right to file and pursue a civil action, with respect to claims arising out of a childhood sexual assault or the sexual assault or battery of a student, as a condition of enrollment in an educational institution.(b)1002.7. (a) A provision in an enrollment agreement that purports to waive a legal right, remedy, forum, proceeding, or procedure set forth in subdivision (a) for a students claim of sexual assault or battery, including a childhood sexual assault, shall be deemed unconscionable, void as against public policy, and unenforceable. The fact that a provision in an agreement is voided by this section does not affect the validity or enforceability of any other provision of the agreement.(c)(1)Childhood(b) As used in this section:(1) Childhood sexual assault, as used in this section, assault means an act that was perpetrated against a person under the age of 18 years and would be a crime under Section 266j, 285, 286, 287, 288, 289, 311.4, or 647.6 of the Penal Code, or any predecessor statute.(2) Enrollment agreement means a written contract between a student and institution concerning an educational program.(2)Educational institution, as used in this section, means either of the following:(A)A public or private school maintaining a kindergarten or any of grades 1 through 12.(B)Postsecondary educational institutions identified in Section 66010.95 of the Education Code.(d)This section applies to any agreement entered into, altered, modified, renewed, or extended on or after January 1, 2020.
Amended IN Assembly May 04, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 3271Introduced by Assembly Member KileyFebruary 21, 2020 An act to add Chapter 3.7 (commencing with Section 1002.7) to Title 14 of Part 2 of the Code of Civil Procedure, relating to enrollment agreements. LEGISLATIVE COUNSEL'S DIGESTAB 3271, as amended, Kiley. Enrollment agreements.Existing law prescribes various conditions and limitations on enrollment in educational institutions, including, in some cases, on the provisions in enrollment agreements.This bill would provide that a person may not be required provision in an enrollment agreement that purports to waive any legal right, remedy, forum, proceeding, or procedure with respect to claims arising out of a childhood sexual assault, as defined, or the sexual assault or battery of a student, as a condition of enrollment in an educational institution. The bill would void as against public policy a provision in an agreement entered into or amended on or after January 1, 2020. for a students claim of sexual assault or battery, including a childhood sexual assault, as defined, shall be deemed void and unenforceable.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Assembly May 04, 2020
Amended IN Assembly May 04, 2020
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Assembly Bill
No. 3271
Introduced by Assembly Member KileyFebruary 21, 2020
Introduced by Assembly Member Kiley
February 21, 2020
An act to add Chapter 3.7 (commencing with Section 1002.7) to Title 14 of Part 2 of the Code of Civil Procedure, relating to enrollment agreements.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 3271, as amended, Kiley. Enrollment agreements.
Existing law prescribes various conditions and limitations on enrollment in educational institutions, including, in some cases, on the provisions in enrollment agreements.This bill would provide that a person may not be required provision in an enrollment agreement that purports to waive any legal right, remedy, forum, proceeding, or procedure with respect to claims arising out of a childhood sexual assault, as defined, or the sexual assault or battery of a student, as a condition of enrollment in an educational institution. The bill would void as against public policy a provision in an agreement entered into or amended on or after January 1, 2020. for a students claim of sexual assault or battery, including a childhood sexual assault, as defined, shall be deemed void and unenforceable.
Existing law prescribes various conditions and limitations on enrollment in educational institutions, including, in some cases, on the provisions in enrollment agreements.
This bill would provide that a person may not be required provision in an enrollment agreement that purports to waive any legal right, remedy, forum, proceeding, or procedure with respect to claims arising out of a childhood sexual assault, as defined, or the sexual assault or battery of a student, as a condition of enrollment in an educational institution. The bill would void as against public policy a provision in an agreement entered into or amended on or after January 1, 2020. for a students claim of sexual assault or battery, including a childhood sexual assault, as defined, shall be deemed void and unenforceable.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Chapter 3.7 (commencing with Section 1002.7) is added to Title 14 of Part 2 of the Code of Civil Procedure, to read: CHAPTER 3.7 Enrollment agreements1002.7.(a)A person shall not be required to waive any legal right, remedy, forum, proceeding, or procedure, including the right to file and pursue a civil action, with respect to claims arising out of a childhood sexual assault or the sexual assault or battery of a student, as a condition of enrollment in an educational institution.(b)1002.7. (a) A provision in an enrollment agreement that purports to waive a legal right, remedy, forum, proceeding, or procedure set forth in subdivision (a) for a students claim of sexual assault or battery, including a childhood sexual assault, shall be deemed unconscionable, void as against public policy, and unenforceable. The fact that a provision in an agreement is voided by this section does not affect the validity or enforceability of any other provision of the agreement.(c)(1)Childhood(b) As used in this section:(1) Childhood sexual assault, as used in this section, assault means an act that was perpetrated against a person under the age of 18 years and would be a crime under Section 266j, 285, 286, 287, 288, 289, 311.4, or 647.6 of the Penal Code, or any predecessor statute.(2) Enrollment agreement means a written contract between a student and institution concerning an educational program.(2)Educational institution, as used in this section, means either of the following:(A)A public or private school maintaining a kindergarten or any of grades 1 through 12.(B)Postsecondary educational institutions identified in Section 66010.95 of the Education Code.(d)This section applies to any agreement entered into, altered, modified, renewed, or extended on or after January 1, 2020.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Chapter 3.7 (commencing with Section 1002.7) is added to Title 14 of Part 2 of the Code of Civil Procedure, to read: CHAPTER 3.7 Enrollment agreements1002.7.(a)A person shall not be required to waive any legal right, remedy, forum, proceeding, or procedure, including the right to file and pursue a civil action, with respect to claims arising out of a childhood sexual assault or the sexual assault or battery of a student, as a condition of enrollment in an educational institution.(b)1002.7. (a) A provision in an enrollment agreement that purports to waive a legal right, remedy, forum, proceeding, or procedure set forth in subdivision (a) for a students claim of sexual assault or battery, including a childhood sexual assault, shall be deemed unconscionable, void as against public policy, and unenforceable. The fact that a provision in an agreement is voided by this section does not affect the validity or enforceability of any other provision of the agreement.(c)(1)Childhood(b) As used in this section:(1) Childhood sexual assault, as used in this section, assault means an act that was perpetrated against a person under the age of 18 years and would be a crime under Section 266j, 285, 286, 287, 288, 289, 311.4, or 647.6 of the Penal Code, or any predecessor statute.(2) Enrollment agreement means a written contract between a student and institution concerning an educational program.(2)Educational institution, as used in this section, means either of the following:(A)A public or private school maintaining a kindergarten or any of grades 1 through 12.(B)Postsecondary educational institutions identified in Section 66010.95 of the Education Code.(d)This section applies to any agreement entered into, altered, modified, renewed, or extended on or after January 1, 2020.
SECTION 1. Chapter 3.7 (commencing with Section 1002.7) is added to Title 14 of Part 2 of the Code of Civil Procedure, to read:
### SECTION 1.
CHAPTER 3.7 Enrollment agreements1002.7.(a)A person shall not be required to waive any legal right, remedy, forum, proceeding, or procedure, including the right to file and pursue a civil action, with respect to claims arising out of a childhood sexual assault or the sexual assault or battery of a student, as a condition of enrollment in an educational institution.(b)1002.7. (a) A provision in an enrollment agreement that purports to waive a legal right, remedy, forum, proceeding, or procedure set forth in subdivision (a) for a students claim of sexual assault or battery, including a childhood sexual assault, shall be deemed unconscionable, void as against public policy, and unenforceable. The fact that a provision in an agreement is voided by this section does not affect the validity or enforceability of any other provision of the agreement.(c)(1)Childhood(b) As used in this section:(1) Childhood sexual assault, as used in this section, assault means an act that was perpetrated against a person under the age of 18 years and would be a crime under Section 266j, 285, 286, 287, 288, 289, 311.4, or 647.6 of the Penal Code, or any predecessor statute.(2) Enrollment agreement means a written contract between a student and institution concerning an educational program.(2)Educational institution, as used in this section, means either of the following:(A)A public or private school maintaining a kindergarten or any of grades 1 through 12.(B)Postsecondary educational institutions identified in Section 66010.95 of the Education Code.(d)This section applies to any agreement entered into, altered, modified, renewed, or extended on or after January 1, 2020.
CHAPTER 3.7 Enrollment agreements1002.7.(a)A person shall not be required to waive any legal right, remedy, forum, proceeding, or procedure, including the right to file and pursue a civil action, with respect to claims arising out of a childhood sexual assault or the sexual assault or battery of a student, as a condition of enrollment in an educational institution.(b)1002.7. (a) A provision in an enrollment agreement that purports to waive a legal right, remedy, forum, proceeding, or procedure set forth in subdivision (a) for a students claim of sexual assault or battery, including a childhood sexual assault, shall be deemed unconscionable, void as against public policy, and unenforceable. The fact that a provision in an agreement is voided by this section does not affect the validity or enforceability of any other provision of the agreement.(c)(1)Childhood(b) As used in this section:(1) Childhood sexual assault, as used in this section, assault means an act that was perpetrated against a person under the age of 18 years and would be a crime under Section 266j, 285, 286, 287, 288, 289, 311.4, or 647.6 of the Penal Code, or any predecessor statute.(2) Enrollment agreement means a written contract between a student and institution concerning an educational program.(2)Educational institution, as used in this section, means either of the following:(A)A public or private school maintaining a kindergarten or any of grades 1 through 12.(B)Postsecondary educational institutions identified in Section 66010.95 of the Education Code.(d)This section applies to any agreement entered into, altered, modified, renewed, or extended on or after January 1, 2020.
CHAPTER 3.7 Enrollment agreements
CHAPTER 3.7 Enrollment agreements
(a)A person shall not be required to waive any legal right, remedy, forum, proceeding, or procedure, including the right to file and pursue a civil action, with respect to claims arising out of a childhood sexual assault or the sexual assault or battery of a student, as a condition of enrollment in an educational institution.
(b)
1002.7. (a) A provision in an enrollment agreement that purports to waive a legal right, remedy, forum, proceeding, or procedure set forth in subdivision (a) for a students claim of sexual assault or battery, including a childhood sexual assault, shall be deemed unconscionable, void as against public policy, and unenforceable. The fact that a provision in an agreement is voided by this section does not affect the validity or enforceability of any other provision of the agreement.(c)(1)Childhood(b) As used in this section:(1) Childhood sexual assault, as used in this section, assault means an act that was perpetrated against a person under the age of 18 years and would be a crime under Section 266j, 285, 286, 287, 288, 289, 311.4, or 647.6 of the Penal Code, or any predecessor statute.(2) Enrollment agreement means a written contract between a student and institution concerning an educational program.(2)Educational institution, as used in this section, means either of the following:(A)A public or private school maintaining a kindergarten or any of grades 1 through 12.(B)Postsecondary educational institutions identified in Section 66010.95 of the Education Code.(d)This section applies to any agreement entered into, altered, modified, renewed, or extended on or after January 1, 2020.
1002.7. (a) A provision in an enrollment agreement that purports to waive a legal right, remedy, forum, proceeding, or procedure set forth in subdivision (a) for a students claim of sexual assault or battery, including a childhood sexual assault, shall be deemed unconscionable, void as against public policy, and unenforceable. The fact that a provision in an agreement is voided by this section does not affect the validity or enforceability of any other provision of the agreement.
(c)(1)Childhood
(b) As used in this section:
(1) Childhood sexual assault, as used in this section, assault means an act that was perpetrated against a person under the age of 18 years and would be a crime under Section 266j, 285, 286, 287, 288, 289, 311.4, or 647.6 of the Penal Code, or any predecessor statute.
(2) Enrollment agreement means a written contract between a student and institution concerning an educational program.
(2)Educational institution, as used in this section, means either of the following:
(A)A public or private school maintaining a kindergarten or any of grades 1 through 12.
(B)Postsecondary educational institutions identified in Section 66010.95 of the Education Code.
(d)This section applies to any agreement entered into, altered, modified, renewed, or extended on or after January 1, 2020.