Attorneys: discipline: sensitive services.
AB 1525
California Bills
20250AB__152595CHP INTRODUCED 2025-03-18 AMENDED_SENATE 2025-06-23 AMENDED_SENATE 2025-09-04 PASSED_ASSEMBLY 2025-09-10 PASSED_SENATE 2025-09-09 ENROLLED 2025-09-12 CHAPTERED 2025-09-26 APPROVED 2025-09-26 FILED 2025-09-26 2025 AB CHP CHP 0 Introduced by Committee on Judiciary (Assembly Members Kalra (Chair), Bauer-Kahan, Bryan, Connolly, Harabedian, Pacheco, Papan, Stefani, and Zbur) LEAD_AUTHOR ASSEMBLY Committee on Judiciary Assembly Members Kalra (Chair), Bauer-Kahan, Bryan, Connolly, Harabedian, Pacheco, Papan, Stefani, and Zbur
An act to add
Section 6106.4 to the Business and Professions Code, relating to attorneys. attorneys Attorneys: discipline: sensitive services. The State Bar Act provides for the licensure and regulation of attorneys by the State Bar of California (State Bar), a public corporation governed by a board of trustees. The act provides for the investigation and discipline of members of the State Bar and authorizes the Supreme Court to suspend or disbar an attorney for specified causes, including for a conviction under the laws of another state or territory of the United States that is deemed a felony.
Existing law provides that specified evidence that a licensee of the State Bar committed professional misconduct in another jurisdiction is conclusive evidence that the licensee is culpable of professional misconduct. This bill would provide that an excluded event shall not be grounds for disciplinary action or require an attorney or applicant to report the excluded event to the State Bar, supply evidence that an attorney is culpable of professional misconduct in this state, or serve as grounds to deny admission to the State Bar to an applicant.
The bill would define “excluded event” to mean certain actions taken when based on the application of another state’s law that interferes with any person’s right to receive, provide, recommend, enable, or advocate for sensitive services, as defined, that would be lawful in this state. MAJORITY NO NO NO NO NO NO NO NO NO NO The people of the State of California do enact as follows:
SECTION
Section 6106.4 is added to the Business and Professions Code , to read: 6106.4. (
a) For purposes of this section, the following
definitions shall apply: (1) “Applicant” means an applicant for admission to practice law in this state. (2) “Attorney” means an attorney admitted to practice law in this state. (3) “Excluded event” means any of the following, when based on the application of another state’s law that interferes with any person’s right to receive, provide, recommend, enable, or advocate for sensitive services that would be lawful in this state, regardless of the location in which the event takes place and regardless of the location of the attorney or applicant: (
A) The entry of judgment against the attorney or applicant in a civil action. (
B) The imposition of judicial sanctions against an attorney or applicant. (
C) The bringing of an indictment or information charging a felony against the attorney or applicant, or the conviction of the attorney or applicant, including any verdict of guilty, or plea of guilty or no contest, of a felony, or a misdemeanor committed in the course of the practice of law. (
D) The imposition of discipline or a finding of professional misconduct against the attorney or applicant by a professional or occupational disciplinary agency or licensing board. (4) “Sensitive services” has the same meaning as in
Section 56.05 of the Civil Code. (
b) Notwithstanding
Section 6049.1, 6101, 6102, 6103, or 6106, an excluded event shall not be grounds under this
chapter for suspension, disbarment, or other disciplinary action, nor shall it require an attorney or applicant to report the excluded event to the State Bar, supply evidence that an attorney is culpable of professional misconduct in this state, nor serve as grounds to deny admission for any applicant for admission to practice law. (
c) This
section does not apply to an event that would subject an attorney or applicant subject to this
chapter to a similar claim, charge, or action under the laws of this state.