California Assembly Bill AB933

California 2023-2024 Regular Session

• Introduced: 2/14/23
• Refer: 3/2/23
• Report Pass: 3/21/23
• Engrossed: 4/20/23
• Refer: 4/20/23
• Refer: 5/17/23
• Report Pass: 5/25/23
• Refer: 5/25/23
• Report Pass: 6/14/23
• Enrolled: 9/11/23
• Chaptered: 10/10/23
• Passed: 10/10/23

Caption

Privileged communications: incident of sexual assault, harassment, or discrimination.

Impact

The introduction of this bill addresses existing gaps in the law regarding the treatment of communications related to sensitive issues like sexual assault and harassment. By expanding the definition of privileged communications to include specific incidents of harassment and discrimination, AB 933 helps create a safer environment for individuals to report these incidents without fear of retaliation or defamation claims. The bill clarifies what constitutes privileged communications and establishes protections for those communicating about incidents, potentially empowering more individuals to come forward with their experiences.

Summary

Assembly Bill 933, introduced by Aguiar-Curry, aims to enhance the legal protections for individuals who communicate about incidents of sexual assault, harassment, or discrimination. This bill proposes the addition of Section 47.1 to the California Civil Code, which establishes that communications made by an individual without malice regarding such incidents are considered privileged. This means that the individuals making these communications are protected from being sued for defamation, provided their communications are factual and based on a reasonable basis for filing a complaint, whether or not the complaint was filed.

Sentiment

The sentiment surrounding AB 933 is predominantly supportive, especially among advocates for survivors of sexual assault and harassment. Proponents argue that this bill is a crucial step towards improving protections for individuals who face such incidents, thus encouraging more open discussions and reports of harassment and discrimination. However, some concerns were raised regarding the balance between protecting individuals and maintaining accountability for false claims. The notion that individuals could make statements without fear of legal repercussions was viewed as a double-edged sword, invoking cautious optimism among critics.

Contention

Notable points of contention in the discussions surrounding AB 933 include debates on the potential for misuse of the privileged communication protections. Opponents express concern that the bill might unintentionally protect individuals who could make false claims under the guise of privilege, leading to defensiveness against legitimate defamation cases. Furthermore, there was a discussion about the extent of protection provided to defendants in terms of legal fees and potential for recovery of damages, which some members viewed as excessive. These discussions highlighted the complex nature of ensuring legal protections while safeguarding against abuse.