BILL NUMBER: AB 1928	CHAPTERED
	BILL TEXT

	CHAPTER  842
	FILED WITH SECRETARY OF STATE  SEPTEMBER 24, 2002
	APPROVED BY GOVERNOR  SEPTEMBER 24, 2002
	PASSED THE ASSEMBLY  AUGUST 23, 2002
	PASSED THE SENATE  AUGUST 21, 2002
	AMENDED IN SENATE  JUNE 29, 2002
	AMENDED IN SENATE  JUNE 24, 2002
	AMENDED IN ASSEMBLY  APRIL 15, 2002
	AMENDED IN ASSEMBLY  APRIL 4, 2002

INTRODUCED BY   Assembly Member Jackson
   (Coauthors:  Assembly Members Alquist, Aroner, Chavez, Chu, Diaz,
Dutra, Goldberg, Kehoe, Koretz, Liu, Longville, Maldonado, Negrete
McLeod, Oropeza, Pavley, Shelley, Steinberg, Strom-Martin, Thomson,
Washington, Wayne, and Wiggins)
   (Coauthors:  Senators Alpert, Figueroa, Karnette, Kuehl, Romero,
and Speier)

                        FEBRUARY 12, 2002

   An act to add Section 52.4 to the Civil Code, relating to gender
violence.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1928, Jackson.  Civil actions:  gender-related violence.
   Existing law sets forth various personal rights and provides that
all persons within California have the right to be free from
violence, or intimidation by the threat of violence because of, among
other characteristics, their race, color, religion, ancestry,
national origin, political affiliation, or sex.  Existing law further
permits an individual whose exercise or enjoyment of specified
personal rights has been interfered with to bring a civil action for
damages, including actual damages, exemplary damages, attorney's
fees, injunctive relief, and other appropriate relief.
   This bill would permit a person injured by a crime of violence
motivated by gender to bring a civil action for damages against the
responsible person or persons.  The bill would provide that damages
may include actual damages, compensatory damages, punitive damages,
injunctive relief, or a combination of those damages, including any
other appropriate relief, in addition to attorney's fees and costs.
The bill would require the action to be commenced within a specified
time period.  The bill would specify that it does not establish any
civil liability of a person because of his or her status as an
employer, unless the employer personally committed an act of gender
violence. The bill would include a statement of legislative findings
and declarations regarding gender-related violence.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) Existing state and federal laws do not adequately prevent and
remedy gender-related violence, such as domestic violence, which
disproportionately occurs against women.
   (b) Sexual abuse harms many women, children, and families, and is
often not reported to the authorities or prosecuted.
   (c) Acts of domestic violence and sexual abuse on the basis of
gender constitute a form of sexual discrimination.
   (d) All persons within California have the right to be free from
crimes of violence motivated by gender.
   (e) It is the purpose of this act to protect the civil rights of
victims of gender-motivated violence and thereby to promote the
public safety, health, and well-being of all persons within
California.
  SEC. 2.  Section 52.4 is added to the Civil Code, to read:
   52.4.  (a) Any person who has been subjected to gender violence
may bring a civil action for damages against any responsible party.
The plaintiff may seek actual damages, compensatory damages, punitive
damages, injunctive relief, any combination of those, or any other
appropriate relief.  A prevailing plaintiff may also be awarded
attorney's fees and costs.
   (b) An action brought pursuant to this section shall be commenced
within three years of the act, or if the victim was a minor when the
act occurred, within eight years after the date the plaintiff attains
the age of majority or within three years after the date the
plaintiff discovers or reasonably should have discovered the
psychological injury or illness occurring after the age of majority
that was caused by the act, whichever date occurs later.
   (c) For purposes of this section, "gender violence," is a form of
sex discrimination and means any of the following:
   (1) One or more acts that would constitute a criminal offense
under state law that has as an element the use, attempted use, or
threatened use of physical force against the person or property of
another, committed at least in part based on the gender of the
victim, whether or not those acts have resulted in criminal
complaints, charges, prosecution, or conviction.
   (2) A physical intrusion or physical invasion of a sexual nature
under coercive conditions, whether or not those acts have resulted in
criminal complaints, charges, prosecution, or conviction.
   (d)  Notwithstanding any other laws that may establish the
liability of an employer for the acts of an employee, this section
does not establish any civil liability of a person because of his or
her status as an employer, unless the employer personally committed
an act of gender violence.