§ 1002.Prohibited In Civil Action For Act that May Be Prosecuted As Felony Sex Offense

Where § 1001 covers sexual harassment and broader discrimination-related claims, § 1002 targets civil actions grounded in conduct serious enough to be prosecuted criminally. It prohibits any settlement provision that prevents disclosure of factual information related to the action when the underlying facts establish a cause of action for civil damages arising from an act prosecutable as a felony sex offense, childhood sexual assault as defined in § 340.1, sexual exploitation of a minor under specified Penal Code provisions, or sexual assault of an elder or dependent adult. As with § 1001, courts can't enter an order that restricts disclosure in conflict with this rule.

The statute preserves a narrower kind of privacy than § 1001 does. Parties can still agree to withhold the victim's medical information or personal identifying information, or details revealing the nature of the relationship between the victim and the defendant — protections aimed at the victim's privacy rather than at hiding the underlying misconduct. That carve-out doesn't limit a victim's own right to disclose that information if the victim chooses to. Outside that exception, a disclosure-restricting provision in an agreement entered on or after January 1, 2017 is void as a matter of law and against public policy.

Section 1002 adds a consequence § 1001 doesn't spell out as explicitly: an attorney who demands a noncompliant confidentiality provision as a condition of settlement, or who advises a client to sign one, may face professional discipline, and the State Bar is directed to investigate and act on cases brought to its attention.