Amended IN Assembly May 18, 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 authorize a minor to disaffirm a provision in an enrollment agreement that purports to waive any a legal right, remedy, forum, proceeding, or procedure for a students claim of sexual assault or battery, including a childhood sexual assault, as defined, shall be deemed void and unenforceable. procedure, regardless of whether a parent or legal guardian has signed the enrollment agreement on the minors behalf, to the extent that the provision is construed to require the minor to waive a legal right, remedy, forum, proceeding, or procedure arising out of a criminal sexual assault or criminal sexual battery, as defined, on that minor.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) The Legislature finds and declares that it is unconscionable for a parent, on behalf of their minor child, to be required to waive a legal right, remedy, forum, proceeding, or procedure, including the right to file and pursue a civil action, belonging to that minor child with respect to claims arising out of a criminal sexual assault or criminal sexual battery as a condition to enrollment in an educational institution.(b) Notwithstanding Chapter 2 (commencing with Section 6710) of Part 3 of Division 11 of the Family Code, a provision in an enrollment agreement that purports to waive a legal right, remedy, forum, proceeding, or procedure may be disaffirmed by the minor, regardless of whether a parent or legal guardian has signed the enrollment agreement on the minors behalf, to the extent that the provision is construed to require the minor to waive a legal right, remedy, forum, proceeding, or procedure arising out of a criminal sexual assault or criminal sexual battery on that minor.(c) The fact that a provision in an enrollment agreement has been disaffirmed by the minor pursuant to this section does not affect the validity or enforceability of any other provision of the enrollment agreement.(d) For purposes of this section, the following definitions apply:(1) Criminal sexual assault means an act that was perpetrated against a person under 18 years of age and that would be a crime under Section 261.5, 286, 287, 288, 288.7, or 289 of the Penal Code, or any predecessor statute.(2) Criminal sexual battery means an act that was perpetrated against a person under 18 years of age and that would be a crime under Section 243.4 of the Penal Code.(3) Enrollment agreement means a written contract between a student and institution concerning an educational program.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:3.7Enrollment agreements1002.7.(a)A provision in an enrollment agreement that purports to waive a legal right, remedy, forum, proceeding, or procedure for a students claim of sexual assault or battery, including a childhood sexual assault, shall be deemed void 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.(b)As used in this section:(1)Childhood sexual 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.
Amended IN Assembly May 18, 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 authorize a minor to disaffirm a provision in an enrollment agreement that purports to waive any a legal right, remedy, forum, proceeding, or procedure for a students claim of sexual assault or battery, including a childhood sexual assault, as defined, shall be deemed void and unenforceable. procedure, regardless of whether a parent or legal guardian has signed the enrollment agreement on the minors behalf, to the extent that the provision is construed to require the minor to waive a legal right, remedy, forum, proceeding, or procedure arising out of a criminal sexual assault or criminal sexual battery, as defined, on that minor.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Assembly May 18, 2020 Amended IN Assembly May 04, 2020
Amended IN Assembly May 18, 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 authorize a minor to disaffirm a provision in an enrollment agreement that purports to waive any a legal right, remedy, forum, proceeding, or procedure for a students claim of sexual assault or battery, including a childhood sexual assault, as defined, shall be deemed void and unenforceable. procedure, regardless of whether a parent or legal guardian has signed the enrollment agreement on the minors behalf, to the extent that the provision is construed to require the minor to waive a legal right, remedy, forum, proceeding, or procedure arising out of a criminal sexual assault or criminal sexual battery, as defined, on that minor.
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 authorize a minor to disaffirm a provision in an enrollment agreement that purports to waive any a legal right, remedy, forum, proceeding, or procedure for a students claim of sexual assault or battery, including a childhood sexual assault, as defined, shall be deemed void and unenforceable. procedure, regardless of whether a parent or legal guardian has signed the enrollment agreement on the minors behalf, to the extent that the provision is construed to require the minor to waive a legal right, remedy, forum, proceeding, or procedure arising out of a criminal sexual assault or criminal sexual battery, as defined, on that minor.
## 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) The Legislature finds and declares that it is unconscionable for a parent, on behalf of their minor child, to be required to waive a legal right, remedy, forum, proceeding, or procedure, including the right to file and pursue a civil action, belonging to that minor child with respect to claims arising out of a criminal sexual assault or criminal sexual battery as a condition to enrollment in an educational institution.(b) Notwithstanding Chapter 2 (commencing with Section 6710) of Part 3 of Division 11 of the Family Code, a provision in an enrollment agreement that purports to waive a legal right, remedy, forum, proceeding, or procedure may be disaffirmed by the minor, regardless of whether a parent or legal guardian has signed the enrollment agreement on the minors behalf, to the extent that the provision is construed to require the minor to waive a legal right, remedy, forum, proceeding, or procedure arising out of a criminal sexual assault or criminal sexual battery on that minor.(c) The fact that a provision in an enrollment agreement has been disaffirmed by the minor pursuant to this section does not affect the validity or enforceability of any other provision of the enrollment agreement.(d) For purposes of this section, the following definitions apply:(1) Criminal sexual assault means an act that was perpetrated against a person under 18 years of age and that would be a crime under Section 261.5, 286, 287, 288, 288.7, or 289 of the Penal Code, or any predecessor statute.(2) Criminal sexual battery means an act that was perpetrated against a person under 18 years of age and that would be a crime under Section 243.4 of the Penal Code.(3) Enrollment agreement means a written contract between a student and institution concerning an educational program.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:3.7Enrollment agreements1002.7.(a)A provision in an enrollment agreement that purports to waive a legal right, remedy, forum, proceeding, or procedure for a students claim of sexual assault or battery, including a childhood sexual assault, shall be deemed void 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.(b)As used in this section:(1)Childhood sexual 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.
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) The Legislature finds and declares that it is unconscionable for a parent, on behalf of their minor child, to be required to waive a legal right, remedy, forum, proceeding, or procedure, including the right to file and pursue a civil action, belonging to that minor child with respect to claims arising out of a criminal sexual assault or criminal sexual battery as a condition to enrollment in an educational institution.(b) Notwithstanding Chapter 2 (commencing with Section 6710) of Part 3 of Division 11 of the Family Code, a provision in an enrollment agreement that purports to waive a legal right, remedy, forum, proceeding, or procedure may be disaffirmed by the minor, regardless of whether a parent or legal guardian has signed the enrollment agreement on the minors behalf, to the extent that the provision is construed to require the minor to waive a legal right, remedy, forum, proceeding, or procedure arising out of a criminal sexual assault or criminal sexual battery on that minor.(c) The fact that a provision in an enrollment agreement has been disaffirmed by the minor pursuant to this section does not affect the validity or enforceability of any other provision of the enrollment agreement.(d) For purposes of this section, the following definitions apply:(1) Criminal sexual assault means an act that was perpetrated against a person under 18 years of age and that would be a crime under Section 261.5, 286, 287, 288, 288.7, or 289 of the Penal Code, or any predecessor statute.(2) Criminal sexual battery means an act that was perpetrated against a person under 18 years of age and that would be a crime under Section 243.4 of the Penal Code.(3) Enrollment agreement means a written contract between a student and institution concerning an educational program.
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) The Legislature finds and declares that it is unconscionable for a parent, on behalf of their minor child, to be required to waive a legal right, remedy, forum, proceeding, or procedure, including the right to file and pursue a civil action, belonging to that minor child with respect to claims arising out of a criminal sexual assault or criminal sexual battery as a condition to enrollment in an educational institution.(b) Notwithstanding Chapter 2 (commencing with Section 6710) of Part 3 of Division 11 of the Family Code, a provision in an enrollment agreement that purports to waive a legal right, remedy, forum, proceeding, or procedure may be disaffirmed by the minor, regardless of whether a parent or legal guardian has signed the enrollment agreement on the minors behalf, to the extent that the provision is construed to require the minor to waive a legal right, remedy, forum, proceeding, or procedure arising out of a criminal sexual assault or criminal sexual battery on that minor.(c) The fact that a provision in an enrollment agreement has been disaffirmed by the minor pursuant to this section does not affect the validity or enforceability of any other provision of the enrollment agreement.(d) For purposes of this section, the following definitions apply:(1) Criminal sexual assault means an act that was perpetrated against a person under 18 years of age and that would be a crime under Section 261.5, 286, 287, 288, 288.7, or 289 of the Penal Code, or any predecessor statute.(2) Criminal sexual battery means an act that was perpetrated against a person under 18 years of age and that would be a crime under Section 243.4 of the Penal Code.(3) Enrollment agreement means a written contract between a student and institution concerning an educational program.
CHAPTER 3.7. Enrollment Agreements1002.7. (a) The Legislature finds and declares that it is unconscionable for a parent, on behalf of their minor child, to be required to waive a legal right, remedy, forum, proceeding, or procedure, including the right to file and pursue a civil action, belonging to that minor child with respect to claims arising out of a criminal sexual assault or criminal sexual battery as a condition to enrollment in an educational institution.(b) Notwithstanding Chapter 2 (commencing with Section 6710) of Part 3 of Division 11 of the Family Code, a provision in an enrollment agreement that purports to waive a legal right, remedy, forum, proceeding, or procedure may be disaffirmed by the minor, regardless of whether a parent or legal guardian has signed the enrollment agreement on the minors behalf, to the extent that the provision is construed to require the minor to waive a legal right, remedy, forum, proceeding, or procedure arising out of a criminal sexual assault or criminal sexual battery on that minor.(c) The fact that a provision in an enrollment agreement has been disaffirmed by the minor pursuant to this section does not affect the validity or enforceability of any other provision of the enrollment agreement.(d) For purposes of this section, the following definitions apply:(1) Criminal sexual assault means an act that was perpetrated against a person under 18 years of age and that would be a crime under Section 261.5, 286, 287, 288, 288.7, or 289 of the Penal Code, or any predecessor statute.(2) Criminal sexual battery means an act that was perpetrated against a person under 18 years of age and that would be a crime under Section 243.4 of the Penal Code.(3) Enrollment agreement means a written contract between a student and institution concerning an educational program.
CHAPTER 3.7. Enrollment Agreements
CHAPTER 3.7. Enrollment Agreements
1002.7. (a) The Legislature finds and declares that it is unconscionable for a parent, on behalf of their minor child, to be required to waive a legal right, remedy, forum, proceeding, or procedure, including the right to file and pursue a civil action, belonging to that minor child with respect to claims arising out of a criminal sexual assault or criminal sexual battery as a condition to enrollment in an educational institution.(b) Notwithstanding Chapter 2 (commencing with Section 6710) of Part 3 of Division 11 of the Family Code, a provision in an enrollment agreement that purports to waive a legal right, remedy, forum, proceeding, or procedure may be disaffirmed by the minor, regardless of whether a parent or legal guardian has signed the enrollment agreement on the minors behalf, to the extent that the provision is construed to require the minor to waive a legal right, remedy, forum, proceeding, or procedure arising out of a criminal sexual assault or criminal sexual battery on that minor.(c) The fact that a provision in an enrollment agreement has been disaffirmed by the minor pursuant to this section does not affect the validity or enforceability of any other provision of the enrollment agreement.(d) For purposes of this section, the following definitions apply:(1) Criminal sexual assault means an act that was perpetrated against a person under 18 years of age and that would be a crime under Section 261.5, 286, 287, 288, 288.7, or 289 of the Penal Code, or any predecessor statute.(2) Criminal sexual battery means an act that was perpetrated against a person under 18 years of age and that would be a crime under Section 243.4 of the Penal Code.(3) Enrollment agreement means a written contract between a student and institution concerning an educational program.
1002.7. (a) The Legislature finds and declares that it is unconscionable for a parent, on behalf of their minor child, to be required to waive a legal right, remedy, forum, proceeding, or procedure, including the right to file and pursue a civil action, belonging to that minor child with respect to claims arising out of a criminal sexual assault or criminal sexual battery as a condition to enrollment in an educational institution.
(b) Notwithstanding Chapter 2 (commencing with Section 6710) of Part 3 of Division 11 of the Family Code, a provision in an enrollment agreement that purports to waive a legal right, remedy, forum, proceeding, or procedure may be disaffirmed by the minor, regardless of whether a parent or legal guardian has signed the enrollment agreement on the minors behalf, to the extent that the provision is construed to require the minor to waive a legal right, remedy, forum, proceeding, or procedure arising out of a criminal sexual assault or criminal sexual battery on that minor.
(c) The fact that a provision in an enrollment agreement has been disaffirmed by the minor pursuant to this section does not affect the validity or enforceability of any other provision of the enrollment agreement.
(d) For purposes of this section, the following definitions apply:
(1) Criminal sexual assault means an act that was perpetrated against a person under 18 years of age and that would be a crime under Section 261.5, 286, 287, 288, 288.7, or 289 of the Penal Code, or any predecessor statute.
(2) Criminal sexual battery means an act that was perpetrated against a person under 18 years of age and that would be a crime under Section 243.4 of the Penal Code.
(3) Enrollment agreement means a written contract between a student and institution concerning an educational program.
(a)A provision in an enrollment agreement that purports to waive a legal right, remedy, forum, proceeding, or procedure for a students claim of sexual assault or battery, including a childhood sexual assault, shall be deemed void 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.
(b)As used in this section:
(1)Childhood sexual 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.