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CIVIL

| Jan. 3, 2024

Jan. 3, 2024

CIVIL

• AB 254, Bauer-Kahan. Confidentiality of Medical Information Act: reproductive or sexual health application information. Revises the Confidentiality of Medical Information Act (CMIA) to include reproductive or sexual health application information into the definition of medical information. Defines reproductive or sexual health application information to mean information about a consumer's reproductive health, menstrual cycle, fertility, pregnancy, pregnancy outcome, plans to conceive, or type of sexual activity collected by a reproductive or sexual health digital service, including, but not limited to, information from which one can infer someone's pregnancy status, menstrual cycle, fertility, hormone levels, birth control use, sexual activity, or gender identity. Defines reproductive or sexual health digital service to mean a mobile-based application or internet website that collects reproductive or sexual health application information from a consumer, markets itself as facilitating reproductive or sexual health services to a consumer, and uses the information to facilitate reproductive or sexual health services to a consumer. Deems a business that offers a reproductive or sexual health digital service to a consumer for the purpose of allowing the individual to manage the individual's information, or for the individual's diagnosis, treatment, or management of a medical condition, to be a provider of health care, as specified. An act to amend Sections 56.05 and 56.06 of the Civil Code, relating to privacy.

• AB 352, Bauer-Kahan. Health information. Requires specified businesses that electronically store or maintain medical information on the provision of sensitive services, as specified, on or before July 1, 2024, to enable certain security features, including limiting user access privileges and segregating medical information related to gender affirming care, abortion and abortion-related services, and contraception, as specified. Prohibits a health care provider, health care service plan, contractor, or employer from cooperating with any inquiry or investigation by, or from providing medical information to, an individual, agency, or department from another state or, to the extent permitted by federal law, to a federal law enforcement agency that would identify an individual or that is related to an individual seeking or obtaining an abortion or abortion-related services that are lawful under the laws of this state, unless authorized. Exempts a health care provider from legal liability for damages or from civil or enforcement actions, as specified. Excludes the exchange of abortion and abortion-related services health information from automatically being shared on the California Health and Human Services Data Exchange Framework. An act to amend Sections 56.101 and 56.108 of, and to add Section 56.110 to, the Civil Code, and to amend Section 130290 of the Health and Safety Code, relating to health information.

• AB 357, Maienschein. Animal test methods: alternatives. Updates the provisions of California's prohibition on testing on animals when an alternative exists. An act to amend Section 1834.9 of the Civil Code, relating to animal testing.

• AB 410, Jones-Sawyer. Shared mobility devices. This bill delays the operative date of, and modifies the specifications for, the law requiring tactile signs to be affixed to shared mobility devices. An act to repeal and add Section 2506 of the Civil Code, relating to mobility devices, and declaring the urgency thereof, to take effect immediately.

• AB 414, Reyes. Communications: Digital Equity Bill of Rights. This bill establishes the Digital Equity Bill of Rights, which establishes the principle of the state to ensure digital equity for all its residents and that residents shall have access to broadband in various forms and functions. This bill also establishes the policy of the state that broadband internet subscribers benefit from equal access to service, as defined. An act to add Title 15.5 (commencing with Section 3120) to Part 4 of Division 3 of the Civil Code, relating to digital equity.

• AB 452, Addis. Childhood sexual assault: statute of limitations. Eliminates the time limit for the commencement of actions for recovery of damages suffered as a result of childhood sexual assault for civil actions that arise on or after the date when the bill takes effect. An act to amend Section 340.1 of the Code of Civil Procedure, relating to childhood sexual assault.

• AB 458, Jones-Sawyer. Shared mobility devices: insurance. Makes clarifying changes related to the insurance requirements for shared mobility devices. An act to amend Section 2505 of the Civil Code, relating to mobility devices.

• AB 933, Aguiar-Curry. Privileged communications: incident of sexual assault, harassment, or discrimination. Makes specified forms of communication regarding sexual assault, harassment, or discrimination, privileged communications for purposes of a defamation action. An act to add Section 47.1 to the Civil Code, relating to privileged communications.

• AB 947, Gabriel. California Consumer Privacy Act of 2018: sensitive personal information. This bill includes personal information that reveals a consumer's citizenship or immigration status in the definition of "sensitive personal information" for purposes of the California Consumer Privacy Act (CCPA). An act to amend Section 1798.140 of the Civil Code, relating to privacy.

• AB 1119, Wicks. Enforcement of judgments. Establishes an alternative for judgment debtors in consumer actions to submit financial information concerning their claim of exemption and removes the threat of arrest upon a debtor's failure to comply. An act to amend Sections 708.110 and 708.170 of, and to add section 708.111 to, the Code of Civil Procedure, and to amend Section 70617 of the Government Code, relating to civil actions.

• AB 1194, Wendy Carrillo. California Privacy Rights Act of 2020: exemptions: abortion services. Clarifies that if a consumer's personal information contains information related to reproductive health, including contraception, pregnancy, or abortion services, that a business is required to comply with the privacy rights of customers under the California Consumer Privacy Act (CCPA). In addition, this bill states that a consumer accessing, procuring or searching for reproductive health services does not constitute a natural person being at risk or danger of death or serious physical injury and therefore does not count as an exemption to the CCPA. An act to amend Sections 1798.99.31, 1798.145, and 1798.185 of the Civil Code, relating to privacy.

• AB 1394, Wicks. Commercial sexual exploitation: child sexual abuse material: civil actions. Requires social media platforms to provide a mechanism for users to report child sexual abuse material in which they are depicted; provides platforms 30 to 60 days after receiving a report to verify the content of the material and block it from reappearing. Also provides victims of commercial sexual exploitation the right to sue social media platforms for having deployed features that were a substantial factor in causing their exploitation. An act to amend Section 3345.1 of, and to add Title 22 (commencing with Section 3273.65 to Part 4 of Division 3 of, the Civil Code, relating to social media platforms.

• AB 1404, Wendy Carrillo. Disability access: internet website-related accessibility claims. Requires that when a civil complaint, alleging a website accessibility violation, is served on a business, that the business also receives a notice informing the business of important legal rights and obligations relating to the accessibility of internet websites, including the fact that the business may not be liable for any damages if its website complies with a specified website accessibility standard; and makes this notice requirement contingent upon the enactment of another bill (AB 1757 (Judiciary Committee) of the current legislative session) that establishes the website accessibility standard. An act to add Section 55.33 to the Civil Code, relating to disability access.

• AB 1414, Kalra. Civil actions: consumer debt. This bill prohibits the use of common counts in actions for collection of consumer debt. This bill excludes consumer debt from the definition of "book account." An act to amend Section 337a of, and to add Section 425.30 to, the Code of Civil Procedure, relating to civil actions.

• AB 1697, Schiavo. Uniform Electronic Transactions Act. Permits use of electronic signatures to authorize disclosure of medical information and genetic test results. Permits these authorizations to expire on the occurrence of a specified date or event. An act to amend Sections 56.05, 56.11, 56.17, 56.21, and 1633.3 of the Civil Code, relating to civil law.

• AB 1740, Sanchez. Human trafficking: notice: pediatric care facilities. This bill adds facilities that provide pediatric care to the list of establishments that must post a specified notice regarding forced commercial sex, housework, farm work, construction, factory, retail, or restaurant work, or any other activity. An act to amend Section 52.6 of the Civil Code, relating to human trafficking.

• SB 71, Umberg. Jurisdiction: small claims and limited civil case. This bill increases the amount in controversy limits for civil cases within the jurisdiction of the small claims court, as specified. This bill increases the limit on the amount in controversy for an action or special proceeding to be treated as a limited civil case. An act to amend Section 2924j of the Civil Code, to amend Sections 85, 86, 86.1, 116.220, 116.221, 1710.20, and 1733 of the Code of Civil Procedure, to amend Sections 7581, 12647, 27601, 52514, and 53564 of the Food and Agricultural Code, and to amend Section 1305.5 of the Penal Code, relating to courts.

• SB 235, Umberg. Civil discovery. This bill authorizes parties to demand certain initial disclosures to automatically be made in civil actions, except as specified, until January 1, 2027. This bill raises the sanction that courts must impose when it makes certain findings in relation to civil discovery abuses, as specified, to $1,000. An act to amend Section 2023.050 of, and to amend, repeal, and add Section 2016.090 of, the Code of Civil Procedure, relating to civil actions.

• SB 362, Becker. Data broker registration: accessible deletion mechanism. This bill enhances the data broker registry law and transfers most of the attendant duties from the Attorney General to the California Privacy Protection Agency (PPA). An act to amend Sections 1798.99.80, 1798.99.81, 1798.99.82, and 1798.99.84 of, and to add Sections 1798.99.85, 1798.99.86, 1798.99.87, and 1798.99.89 to, the Civil Code, relating to data brokers.

• SB 365, Wiener. Civil procedure: arbitration. Prohibits the automatic staying of civil legal proceedings during the pendency of an appeal of a denial or dismissal of a petition to compel arbitration. An act to amend Section 1294 of the Code of Civil Procedure, relating to civil procedure.

• SB 428, Blakespear. Temporary restraining orders and protective orders: employee harassment. This bill expands the circumstances under which employers can seek civil restraining orders on behalf of their employees. An act to amend, repeal, and add Section 527.8 of the Code of Civil Procedure, relating to civil actions.

• SB 478, Dodd. Consumers Legal Remedies Act: advertisements. This bill makes it an unlawful business practice to advertise, display, or offer a price for a good or service that does not include all mandatory fees or charges, except as provided or exempted. An act to amend, repeal, and add Sections 1770 and 2985.71 of, and to add Section 1939.20 to, the Civil Code, to add Section 13995.78 to the Government Code, to add Sections 36538 and 36638 to the Streets and Highways Code, and to add Sections 11713.27 and 11713.28 to the Vehicle Code, relating to unfair business practices.

• SB 558, Rubio. Civil actions: childhood sexual abuse. This bill replicates the existing civil statute of limitations applicable to childhood sexual assault claims in a new statute that applies only to those acts of sexual assault that occur before January 1, 2024. It adds violations of specified Penal Code provisions involving childhood sexual abuse material (CSAM) to the definition of childhood sexual assault, but only those occurring before January 1, 2024. An act to add Section 340.11 to the Code of Civil Procedure, relating to civil actions.

• SB 644, Glazer. Hotel and private residence rental reservations: cancellation: refunds.

• SB 644, Glazer. Hotel and private residence rental reservations: cancellation: refunds. This bill requires a hosting platform, hotel, third-party booking service, or short-term rental to allow a consumer to cancel a reservation within 24 hours without penalty if made at least 72 hours or more before the time of check-in and to have the funds refunded to the original form of payment, as specified. An act to amend Section 1748.40 of, to add the heading of Chapter 1 (commencing with Section 1748.40) to, and to add Chapter 2 (commencing with Section 1748.80) to, Title 1.3.5 of Part 4 of Division 3 of the Civil Code, relating to business.

• SB 666, Min. Small business: commercial financing transactions. This bill restricts specified fees charged to small businesses by commercial financing providers and brokers in connection with commercial financing transactions. An act to add Title 1.90 (commencing with Section 1799.300) to Part 4 of Division 3 of the Civil Code, relating to small business.

• SB 696, Portantino. Notaries public. This bill establishes a framework for licensed California notaries to conduct remote online notarizations, including provisions for the licensure of remote online notarization platforms by the Secretary of State and requirements relating to data security and privacy in online notarial transactions. An act to amend Sections 1182 and 1183 of, and to add, repeal, and add Section 1181.1 of, the Civil Code, and to amend Sections 8207.4 and 8214.1 of, to add the heading of Article 1 (commencing with Section 8200) to, and to add Articles 2 (commencing with Section 8231) and 3 (commencing with Section 8232) to, Chapter 3 of Division 1 of Title 2 of, the Government Code, relating to notaries public.

• SB 727, Limón. Human trafficking: civil actions. This bill authorizes a plaintiff in an action arising from human trafficking to seek a finding that specific debts were incurred as the result of the trafficking and without the consent of the plaintiff. An act to amend Section 52.5 of the Civil Code, and to amend Section 12965 of the Government Code, relating to civil actions.

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