BILL NUMBER: AB 1725 AMENDED
AMENDED IN SENATE SEPTEMBER 7, 2007
AMENDED IN SENATE JULY 3, 2007
AMENDED IN SENATE JUNE 18, 2007
AMENDED IN ASSEMBLY APRIL 10, 2007
Committee on Judiciary (
Jones (Chair), Evans, Feuer, Krekorian, Laird,
Levine, and Lieber ) Assembly
MARCH 6, 2007
An act to add Section 51.13 to the Civil Code, relating
to discrimination. An act relating to judicial
LEGISLATIVE COUNSEL'S DIGEST
AB 1725, as amended, Committee on Judiciary
Lieu . Discrimination: medical care.
Evaluation of judicial candidates: disclosure.
Existing law requires the Governor to submit the names of all
potential appointees or nominees for a judicial office to a
designated agency of the State Bar of California for evaluation of
This bill would state the intent of the Legislature that the
ratings of persons appointed or nominated to a judicial office given
by the State Bar shall be appropriately disclosed in order to promote
public trust and confidence in the judicial branch.
The Unruh Civil Rights Act entitles all persons within the
jurisdiction of this state to the full and equal accommodations,
advantages, facilities, privileges, or services in all business
establishments, regardless of sex, race, color, religion, ancestry,
national origin, disability, medical condition, marital status, or
Under existing law, persons holding licenses under the provisions
of the Business and Professions Code are subject to disciplinary
action for refusing, or aiding or inciting another licensee to
refuse, to perform the licensed services because of the prospective
recipient's race, color, sex, religion, ancestry, disability, marital
status, or national origin.
This bill would further prohibit a business establishment subject
to those licensing provisions from discriminating against a patient
based upon sex, race, color, religion, ancestry, national origin,
disability, medical condition, marital status, or sexual orientation,
except as specified.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature
that the ratings of persons appointed or nominated to a judicial
office pursuant to Section 12011.5 of the Government Code shall be
appropriately disclosed in order to promote public trust and
confidence in the judicial branch.
SECTION 1. Section 51.13 is added to the Civil
Code, to read:
51.13. (a) To the extent that an individual subject to Section
125.6 of the Business and Professions Code is a business
establishment, Sections 51 and 51.5 shall be construed to prohibit
the individual from discriminating in the provision of medical
services and care to a patient based upon or affected by the
characteristics covered by those sections.
(b) Nothing in this section shall be interpreted to prevent a
physician and surgeon or health care professional licensed pursuant
to Division 2 (commencing with Section 500) of the Business and
Professions Code from considering any of the characteristics of a
patient listed in subdivision (b) or (e) of Section 51 if that
consideration is medically necessary and for the sole purpose of
determining the appropriate diagnosis or treatment of the patient.