AMENDED IN ASSEMBLY AUGUST 8, 2022

AMENDED IN ASSEMBLY JUNE 13, 2022

AMENDED IN ASSEMBLY MAY 26, 2022

AMENDED IN SENATE MAY 20, 2021

AMENDED IN SENATE APRIL 15, 2021

AMENDED IN SENATE APRIL 6, 2021

AMENDED IN SENATE FEBRUARY 24, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

90

CHAPTER 297

Statutes of 2022

[ Approved by Governor September 13, 2022. Filed with Secretary of State September 13, 2022. ]

Introduced by Senator Umberg

(Coauthor: Senator Min)

December 7, 2020

An act to add Section 6102 to the Public Contract Code, relating to public contracts.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

Existing law governs the bidding and awarding of public contracts by public entities, as defined. Existing law makes it a crime for a public official, as specified, to ask, receive, or agree to receive, any bribe, upon an understanding that their official vote, opinion, judgment, or action will be influenced thereby.

This bill would declare a contract voidable that was entered into because of an act that would constitute a violation of a state or federal crime relating to bribery of a public official, including a violation of the above-described crime. The bill would specify that these provisions apply to contracts executed on or after January 1, 2023, including contracts negotiated prior to that date.

The people of the State of California do enact as follows:

SECTION 1.

Section 6102 is added to the Public Contract Code, to read:

6102.

(a) A contract that was entered into because of an act that would constitute a violation of a state or federal crime relating to bribery of a public official, including, but not limited to, a violation of Section 68 or 86 of the Penal Code is voidable.

(b) This section applies to contracts executed on or after January 1, 2023, including contracts negotiated prior to January 1, 2023.