BILL NUMBER: AB 1407	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 31, 2011

INTRODUCED BY   Committee on Judiciary (Feuer (Chair), Atkins,
Dickinson, Huber, Huffman, Monning, and Wieckowski)

                        MARCH 7, 2011

    An act to amend Section 51 of the Civil Code, relating to
civil rights.   An act to amend Section 51.7 of the
Civil Code, and to repeal Section 1 of Chapter 1293 of the Statutes
of 1976, relating to civil rights. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1407, as amended, Committee on Judiciary. Civil rights. 
   The Ralph Civil Rights Act of 1976 provides, in part, that all
persons within the jurisdiction of this state have the right to be
free from any violence, or intimidation by threat of violence, on
account of their sex, race, color, religion, ancestry, national
origin, disability, medical condition, marital status, or sexual
orientation.  
   This bill would repeal the provision entitling the act the Ralph
Civil Rights Act of 1976, and would instead state the findings of the
Legislature that the above-described provision was enacted as part
of the Ralph Civil Rights Act of 1976.  
   Existing law provides that all persons within the jurisdiction of
this state are free and equal, and no matter what their sex, race,
color, religion, ancestry, national origin, disability, medical
condition, marital status, or sexual orientation are entitled to the
full and equal accommodations, advantages, facilities, privileges,
and services in all business establishments of every kind whatsoever.
 
   This bill would make a technical, nonsubstantive change to that
provision. 
   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.    Section 51.7 of the   Civil
Code   is amended to read: 
   51.7.  (a) All persons within the jurisdiction of this state have
the right to be free from any violence, or intimidation by threat of
violence, committed against their persons or property because of
political affiliation, or on account of any characteristic listed or
defined in subdivision (b) or (e) of Section 51, or position in a
labor dispute, or because another person perceives them to have one
or more of those characteristics. The identification in this
subdivision of particular bases of discrimination is illustrative
rather than restrictive.
   (b) This section does not apply to statements concerning positions
in a labor dispute which are made during otherwise lawful labor
picketing. 
   (c) The Legislature finds and declares that this section was
enacted as part of the Ralph Civil Rights Act of 1976, in Chapter
1293 of the Statutes of 1976. 
   SEC. 2.    Section 1 of Chapter 1293 of the Statutes
of 1976 is repealed.  
  SECTION 1.    This act shall be known, and may be
cited, as the Ralph Civil Rights Act of 1976.  
  SECTION 1.    Section 51 of the Civil Code is
amended to read:
   51.  (a) This section shall be known, and may be cited, as the
Unruh Civil Rights Act.
   (b) All persons within the jurisdiction of this state are free and
equal, and no matter what their sex, race, color, religion,
ancestry, national origin, disability, medical condition, marital
status, or sexual orientation are entitled to the full and equal
accommodations, advantages, facilities, privileges, and services in
all business establishments of every kind whatsoever.
   (c) This section shall not be construed to confer any right or
privilege on a person that is conditioned or limited by law or that
is applicable alike to persons of every sex, color, race, religion,
ancestry, national origin, disability, medical condition, marital
status, or sexual orientation.
   (d) Nothing in this section shall be construed to require any
construction, alteration, repair, structural or otherwise, or
modification of any sort whatsoever, beyond that construction,
alteration, repair, or modification that is otherwise required by
other provisions of law, to any new or existing establishment,
facility, building, improvement, or any other structure, nor shall
anything in this section be construed to augment, restrict, or alter
in any way the authority of the State Architect to require
construction, alteration, repair, or modifications that the State
Architect otherwise possesses pursuant to other laws.
   (e) For purposes of this section:
   (1) "Disability" means any mental or physical disability as
defined in Sections 12926 and 12926.1 of the Government Code.
   (2) "Medical condition" has the same meaning as defined in
subdivision (h) of Section 12926 of the Government Code.
   (3) "Religion" includes all aspects of religious belief,
observance, and practice.
   (4) "Sex" has the same meaning as defined in subdivision (p) of
Section 12926 of the Government Code.
   (5) "Sex, race, color, religion, ancestry, national origin,
disability, medical condition, marital status, or sexual orientation"
includes a perception that the person has any particular
characteristic or characteristics within the listed categories or
that the person is associated with a person who has, or is perceived
to have, any particular characteristic or characteristics within the
listed categories.
   (6) "Sexual orientation" has the same meaning as defined in
subdivision (q) of Section 12926 of the Government Code.
   (f) A violation of the right of any individual under the Americans
with Disabilities Act of 1990 (Public Law 101-336) shall also
constitute a violation of this section.