BILL NUMBER: AB 5	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Ammiano

                        DECEMBER 3, 2012

   An act to amend Sections 51 and 54 of, and to add Part 2.2
(commencing with Section 53.1) to Division 1 of, the Civil Code, to
amend Section 32228 of the Education Code, to amend Section 354.5 of
the Elections Code, to amend Sections 11135, 12920, 12921, 12926,
12926.1, 12930, 12931, 12940, 12944, 12955, 12955.8, 12956.1,
12956.2, and 12993 of the Government Code, to amend Section 868.8 of
the Penal Code, and to amend Section 4900 of the Welfare and
Institutions Code, relating to homelessness.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 5, as introduced, Ammiano. Homelessness.
   Existing law, the Unruh Civil Rights Act, provides that all
persons within the state are free and equal, regardless of their sex,
race, color, religion, ancestry, national origin, disability,
medical condition, genetic information, marital status, or sexual
orientation, and are entitled to the full and equal accommodations,
advantages, facilities, privileges, or services in all business
establishments of every kind whatsoever. Existing law provides that
no person in the state shall, on the basis of race, national origin,
ethnic group identification, religion, age, sex, sexual orientation,
color, genetic information, or disability, be unlawfully denied full
and equal access to the benefits of, or be unlawfully subjected to
discrimination under, any program or activity that is conducted,
operated, or administered by the state or by any state agency, is
funded directly by the state, or receives any financial assistance
from the state. Existing law, the California Fair Employment and
Housing Act (FEHA), provides that the opportunity to seek, obtain,
and hold employment without discrimination because of race, religious
creed, color, national origin, ancestry, physical disability, mental
disability, medical condition, genetic information, marital status,
sex, gender, gender identity, gender expression, age, or sexual
orientation is recognized to be a civil right, and makes it unlawful
for an employer to discriminate against those persons with regard to
certain employment practices. Under FEHA, existing law makes it
unlawful for the owner of any housing accommodation to discriminate
against or harass any person because of the race, color, religion,
sex, gender, gender identity, gender expression, sexual orientation,
marital status, national origin, ancestry, familial status, source of
income, disability, or genetic information of that person. Under
FEHA, existing law imposes duties upon county counsels and county
recorders with regard to unlawfully restrictive covenants and
Restrictive Covenant Modifications, as specified.
   This bill would enact the Homeless Person's Bill of Rights and
Fairness Act, which would provide that no person's rights,
privileges, or access to public services may be denied or abridged
because he or she is homeless, has a low income, or suffers from a
mental illness or physical disability. The bill would provide that
every person in the state, regardless of actual or perceived housing
status, income level, mental illness, or physical disability, shall
be free from specified forms of discrimination and shall be entitled
to certain basic human rights, including the right to be free from
discrimination by law enforcement, in the workplace, while seeking or
maintaining housing or shelter, and while seeking services. The bill
would provide that every person has the right to access public
property, possess personal property, access public restrooms, clean
water, affordable housing, educational supplies, as specified,
emergency and nonemergency health care, confidentiality of medical
records, assistance of legal counsel in specified proceedings, and
restitution, under specified circumstances. The bill would provide
civil and criminal immunity, and immunity from employer retaliation,
to a public employee who provides assistance to a homeless person.
The bill would require local law enforcement agencies to make
specified information available to the public and report to the
Attorney General on an annual basis with regard to enforcement of
local ordinances against homeless persons and compliance with the
act, as specified, thereby imposing a state-mandated local program.
The bill would provide for judicial relief and impose civil penalties
for a violation of the act.
   The bill would further prohibit discrimination under the
above-described existing law provisions on the basis of "housing
status," would define that term to include homelessness, and would
make conforming changes to related provisions, including changes
related to the filing of Restrictive Covenant Modifications, as
specified. Because those conforming changes would add to the duties
of county counsels and county recorders, the bill would impose a
state-mandated local program. Further, by expanding the bases upon
which discrimination is prohibited under those provisions, the bill
would also extend the application of those provisions to other
antidiscrimination provisions that incorporate the enumerated
provisions by reference. For instance, existing law prohibits the
provision of emergency services and care in a health facility from
being based upon, or affected by, among other things, characteristics
enumerated under the Unruh Civil Rights Act. A violation of that
provision is a crime. By expanding the bases upon which a health
facility may not discriminate in the provision of emergency services,
the bill would expand the definition of a crime, thereby imposing a
state-mandated local program.
   This bill would provide that its provisions address a matter of
statewide concern. The bill would provide that its provisions are
severable.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  This act shall be known and may be cited as the
"Homeless Person's Bill of Rights and Fairness Act."
  SEC. 2.  The Legislature finds and declares all of the following:
   (a) In the State of California, there has been a long history of
discriminatory laws and ordinances that have disproportionately
affected people with low incomes and who are without homes,
including, but not limited to, all of the following:
   (1) Jim Crow laws: After the Civil War, many states, especially in
the south, passed laws denying African Americans basic human rights.
In California, these laws also targeted Chinese immigrants. In San
Francisco, Chinese residents were forced to live in one area of the
city. The same segregation laws also prohibited interracial marriage
between Chinese and non-Chinese persons.
   (2) Ugly laws: In 1867, San Francisco was the first city in the
country to pass a law making it illegal for people with "unsightly or
disgusting" disabilities to appear in public. In many cities, these
laws persisted until the 1970s.
   (3) Anti-Okie laws: In 1937, California passed an Anti-Okie law
that criminalized "bringing or assisting in bringing" extremely poor
people into the state. The United States Supreme Court struck down
the law in 1941, when it declared that these laws are in violation of
the Commerce Clause, and therefore unconstitutional.
   (4) Sundown towns: Town policies and real estate covenants were
aimed at preventing minorities and other persons considered to be
socially undesirable from remaining within city limits after sunset.
Thousands of these towns existed prior to the Civil Rights Act of
1968, which made these ordinances and covenants illegal.
   (5) Vagrancy laws: Vagrancy laws have been held to be
discriminatory on their face because they criminalize a person's
status rather than a behavior. Nevertheless, these laws existed in
California until the Legislature revised them in 1961.
   (b) "Quality of life" ordinances, "civil sidewalk" ordinances, and
similar initiatives are the modern reincarnations of laws designed
to force homeless people to flee local jurisdictions. These local
ordinances result in de facto segregation as homeless people are
forced out of specific jurisdictions or out of specific neighborhoods
within jurisdictions. These discriminatory policies subject
municipalities to an increased financial burden of caring for the
homeless who have migrated there from their chosen home municipality
in relief of the discriminatory legislation. These practices tend to
condemn large groups of inhabitants to dwell in segregated districts
or under depressed living conditions that result in crowded,
unsanitary, substandard, and unhealthful accommodations. Furthermore,
these policies result in criminalization of homeless persons who
choose not to migrate.
   (c) Today, in the state many people are denied the following:
   (1) Housing due to their status of being homeless, living in a
shelter, a vehicle, the street, or the public domain.
   (2) Housing or shelter due to their status of being homeless and
also a person with a disability.
   (3) Employment due to their current status of being homeless or
living in a shelter or a vehicle on the street.
   (4) Housing and employment as a result of not having a fixed or
residential mailing address or having a post office box as a mailing
address.
   (5) Equal protection of the laws and due process by law
enforcement and prosecuting agencies.
   (6) The ability to make certain purchases or enter certain
contests as a result of not having a fixed or residential mailing
address or having a post office box as a mailing address.
   (7) Access to safe, clean restrooms and hygienic supplies
necessary to maintain health, safety, and dignity.
   (d) Homeless persons are unfairly targeted by law enforcement,
often resulting in the violation of the homeless persons'
constitutional rights. Lacking the resources necessary to obtain
adequate legal representation, homeless persons are often denied
relief or damages through the courts.
   (e) Homeless persons are often provided accommodations and shelter
by private or public service providers that jeopardize their health
and physical and mental safety.
   (f) Homeless persons are often forced to separate from loved ones,
give up their personal property, abandon pets, and make other
inhumane choices in order to access even minimal shelter.
   (g) Children in homeless families are denied the ability to
continue receiving education in their preferred school if their
family's shelter lies outside the boundaries of their former
district.
   (h) At the present time, many persons have been rendered homeless
as a result of a deep and prolonged economic recession, a severe
shortage of safe and affordable housing, and a shrinking social
safety net.
   (i) Section 1 of Article I of the California Constitution provides
that "  a]ll people are by nature free and independent and have
inalienable rights. Among these are enjoying and defending life and
liberty, acquiring, possessing, and protecting property, and pursuing
and obtaining safety, happiness, and privacy."
   (j) All laws, therefore, should be enacted for the good of the
whole.
   (k) Subdivision (a) of Section 7 of Article I of the California
Constitution provides, in part, that "a] person may not be deprived
of life, liberty, or property without due process of law or denied
equal protection of the laws... ."
   (l) Concordant with this fundamental belief, a person should not
be subject to discrimination based on his or her housing status,
income level, or mental or physical disability. Therefore, it is the
intent of the Legislature in enacting this act to ameliorate the
adverse effects visited upon individuals and our communities when the
residents of this state are homeless.
  SEC. 3.  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, genetic
information, marital status,  or  sexual orientation
 , or housing status,  are entitled to the full and equal
accommodations, advantages, facilities, privileges, or 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  , or housing
status,  or to persons regardless of their genetic information.
   (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) (A) "Genetic information" means, with respect to any
individual, information about any of the following:
   (i) The individual's genetic tests.
   (ii) The genetic tests of family members of the individual.
   (iii) The manifestation of a disease or disorder in family members
of the individual.
   (B) "Genetic information" includes any request for, or receipt of,
genetic services, or participation in clinical research that
includes genetic services, by an individual or any family member of
the individual.
   (C) "Genetic information" does not include information about the
sex or age of any individual. 
   (3) "Housing status" means the status of having or not having a
fixed or regular residence, including the status of living on the
streets, in a vehicle, or in a homeless shelter, or similar temporary
residence or elsewhere in the public domain.  
   (3) 
    (4)    "Medical condition" has the same meaning
as defined in subdivision  (h)   (j)  of
Section 12926 of the Government Code. 
   (4) 
    (5)    "Religion" includes all aspects of
religious belief, observance, and practice. 
   (5) 
    (6)    "Sex" includes, but is not limited to,
pregnancy, childbirth, or medical conditions related to pregnancy or
childbirth. "Sex" also includes, but is not limited to, a person's
gender. "Gender" means sex, and includes a person's gender identity
and gender expression. "Gender expression" means a person's
gender-related appearance and behavior whether or not stereotypically
associated with the person's assigned sex at birth. 
   (6) 
    (7)    "Sex, race, color, religion, ancestry,
national origin, disability, medical condition, genetic information,
marital status,  or  sexual orientation  , or
housing status  " 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. 
   (7) 
    (8)    "Sexual orientation" has the same
meaning as defined in subdivision  (r)   (s)
 of Section 12926 of the Government Code.
   (f) A violation of the right of any individual under the federal
Americans with Disabilities Act of 1990 (P.L. 101-336) shall also
constitute a violation of this section.
  SEC. 4.  Part 2.2 (commencing with Section 53.1) is added to
Division 1 of the Civil Code, to read:

      PART 2.2.  Homeless Persons


   53.1.  For purposes of this part, the following definitions shall
apply:
   (a) "Access" means a service that is offered in a sufficient
quantity to meet the population's needs, without barriers, including
geographical barriers, such as making locations inconvenient or
creating screen-out barriers, or prohibiting access due to a person's
inability to provide identification or criminal justice history or
disability, such that persons are reasonably able to reach and use
that service.
   (b) "BID" means a business improvement district.
   (c) "BID agent" means any person hired by a business improvement
district or any other public-private partnership similar to a
business improvement district.
   (d) "Damages" means, but is not limited to, losses.
   (e) "Harassment" means any behavior committed by law enforcement,
public or private security personnel, a BID agent, property manager,
or business owner, which is meant to intimidate or otherwise persuade
an individual to alter his or her behavior, whether or not otherwise
lawful.
   (f) "Homeless" means those individuals or families who lack a
fixed, regular, and adequate nighttime residence and who have a
primary nighttime residence in a shelter, on the street, in a
vehicle, in an enclosure or structure that is not authorized or fit
for human habitation, substandard apartments, dwellings, doubled up
temporarily with friends or families, or staying in transitional
housing programs. "Homeless" means any person staying in a
residential hotel without tenancy rights, and families with children
staying in a residential hotel whether or not they have tenancy
rights.
   (g) "Housing status" means the status of having or not having a
fixed or regular residence, including the status of living on the
streets, in a vehicle, or in a homeless shelter, or similar temporary
residence or elsewhere in the public domain.
   (h) "Lack of permanent mailing address" means the absence of an
address fixed to a permanent home, and may include, but is not
limited to, post office boxes, addresses of friends or family
members, and shelter addresses.
   (i) "Lawful representative" means any person who has been asked to
advocate on behalf of a victim or any class that a victim identifies
with, including, but not limited to, a homeless victim's retained
attorney, a nonprofit organization that advocates on behalf of
homeless victims, or a prosecuting attorney upon the request of a
homeless victim.
   (j) "Losses" means, but is not limited to, any deprivation of
constitutionally held rights as well as the loss of property or
physical and mental wellbeing.
   (k) "Public space" means any space that is predominantly within
the public domain or that is held open to the public, including, but
not limited to, plazas, courtyards, parking lots, sidewalks, public
transportation, public buildings and parks, and may also refer to
those places that receive additional services through business
improvement districts or other, similar public-private partnerships.
   (l) "Rest" means the state of not moving, holding certain postures
that include, but are not limited to, sitting, standing, leaning,
kneeling, squatting, sleeping, or lying.
   (m) "Soliciting donations" means asking for money, which includes
panhandling.
   53.2.  No person's rights, privileges, or access to public
services may be denied or abridged because he or she is homeless, has
a low income, or suffers from a mental illness or physical
disability. Such a person shall be granted the same rights and
privileges as any other resident of this state. Every person in the
state, regardless of actual or perceived housing status, income
level, mental illness, or physical disability, shall be free from all
of the following:
   (a) Any type of discriminatory treatment by law enforcement,
public or private security personnel, business owners, property
managers, or BID agents, including, but not limited to, harassment,
intimidation, or selective enforcement.
   (b) Discrimination while seeking or maintaining employment due to
his or her condition of being homeless, lack of permanent mailing
address, or his or her current income level.
   (c) Abuse, both verbal and physical, discrimination, or harassment
in the workplace.
   (d) Discrimination while seeking or maintaining housing or
shelter.
   (e) Unreasonable searches or seizures of his or her personal
property, including property stored in vehicles, tents, grocery
carts, bags, or any other carrying or storage device, if the
intervention of law enforcement is based upon the actual or perceived
housing status, income level, mental illness, or physical disability
of the person in possession of the property.
   (f) Discrimination while seeking services, including, but not
limited to, public benefits, medical care, or help from the police.
   (g) Discrimination in completing all steps necessary to vote,
including obtaining documentation necessary for obtaining
identification or otherwise needed for registering or voting.
   (h) Discrimination when purchasing goods or services or entering
contests from any business operating in the state, including, but not
limited to, banks, schools, government offices, and medical
facilities.
   53.3.  Every person in the state, regardless of actual or
perceived housing status, income level, mental illness, or physical
disability, shall have the right to all of the following basic human
rights and legal and civil protections:
   (a) The right to use and move freely in public spaces, including,
but not limited to, plazas, parking lots, public sidewalks, public
parks, public transportation, public streets, and public buildings,
in the same manner as any other person, and without discrimination.
   (b) The right to rest in public spaces without being subject to
criminal or civil sanctions, harassment, or arrest by law
enforcement, public or private security personnel, or BID agents, as
long as such rest does not maliciously or substantially obstruct a
passageway.
   (c) The right to own and possess personal property in public
spaces without being subject to criminal or civil sanctions,
harassment, or arrest by law enforcement, public or private security
personnel, or BID agents, as long as that personal property does not
maliciously or substantially obstruct a passageway.
   (d) The right to share, accept, or give food in public spaces
without being subject to criminal or civil sanctions, harassment, or
arrest by law enforcement, public or private security personnel, or
BID agents.
   (e) The right to the same protections that law enforcement
agencies afford to all other citizens, including, but not limited to,
the right to reasonable protection from domestic violence, sexual
assault, hate crimes, or robberies.
   (f) The right to engage in life sustaining activities that must be
carried out in public spaces because of homelessness, including, but
not limited to, eating, congregating, possessing and storing
personal property, urinating, or collecting and possessing goods for
recycling, even if those goods contain alcoholic residue, without
being subject to criminal or civil sanctions, harassment, or arrest
by law enforcement, public or private security personnel, or BID
agents.
   (g) The right to pray, meditate, or practice religion in public
spaces, without being subject to criminal or civil sanctions,
harassment, or arrest by law enforcement, public or private security
personnel, or BID agents.
   (h) The right to 24 hours a day, seven days a week access to clean
and safe public restrooms.
   (i) The right to 24 hours a day, seven days a week access to
hygienic provisions, either through government-funded distribution of
hygienic-kits or the availability of clean and safe public shower
facilities.
   (j) The right to access clean, fresh water normally available to
the general public for washing hands or bathing.
   (k) The right to access income sufficient for survival, regardless
of employment status or criminal justice background, including, but
not limited to, the right to receive funds through public welfare
programs, private donations, collecting recyclable goods, or
soliciting donations in public spaces.
   (l) The right to safe, decent, permanent, affordable housing, as
soon as possible, and the right to be free from further dislocation,
unless and until such time as safe, decent, permanent, affordable
housing is available.
   (m) The right to 24 hours a day, seven days a week access to clean
and safe facilities with clearly identifiable staff able to react to
safety concerns, including, but not limited to, shelters and drop-in
centers that meet basic health, hygiene, and dignity needs,
including any special needs of lesbian, gay, bisexual, or transgender
individuals, youths, families, or those with mental illness or
physical disabilities.
   (n) The right to make his or her own decisions regarding whether
or not to enter into a public or private shelter or any other
accommodation, including social services programs, for any reason he
or she sees fit, without facing criminal or civil sanctions,
harassment, or arrest from law enforcement, public or private
security personnel, or BID agents.
   (o) The right to occupy vehicles, either to rest or use for the
purposes of shelter, for 24 hours a day, seven days a week while
legally parked on public property without facing criminal or civil
sanctions, harassment, or arrest from law enforcement, public or
private security personnel, or BID agents.
   (p) If a child or youth, the right to state and federal
enforcement of the educational protections under the federal
McKinney-Vento Act (42 U.S.C. Sec. 11432), particularly with regard
to Sections 11432(e)(3)(C)(ii)(I) and 11432(e)(3)(C)(ii)(II) of Title
42 of the United States Code, which provide that a school shall
provide assistance to the parent or guardian of each homeless child
or youth (or, in the case of an unaccompanied youth, the youth) to
exercise the right to attend the parent's or guardian's (or youth's)
choice of school, and a school shall coordinate with the local
educational agency with jurisdiction for the school selected by the
parent or guardian (or youth), to provide transportation and other
necessary services.
   (q) If a child or youth, the right to be provided, by his or her
school, with the supplies necessary to promote academic success,
including, but not limited to, backpacks, textbooks, notebooks,
pencils, pens, and appropriate academic technology.
   (r) The right to access medical facilities and health care, both
emergency and nonemergency health care, that provide quality care for
both physical and mental needs.
   (s) The right to be protected from disclosure of his or her
records and information within homeless shelters, medical centers,
schools, or any other service provider to law enforcement agencies
without appropriate legal authority, and the right to confidentiality
of personal records and information in accordance with all
limitations on disclosure established by the federal Homeless
Management Information Systems, the federal Health Insurance
Portability and Accountability Act of 1996 (P.L. 104-191), and the
federal Violence Against Women Act (P.L. 103-322).
   (t) The right to confidentiality of personal records regarding
housing status, income level, mental illness, or physical disability,
and to protection from disclosure of such information and records to
landlords and employers.
   (u) The right to assistance of counsel in any judicial proceeding
subject to Section 40508 of the Vehicle Code, Section 853.6, 853.7,
or 853.8 of the Penal Code, or any similar provision of law
authorizing arrest for failure to appear or pay bail of the amount
listed on the notice to appear.
   (v) The right to assistance of counsel in any civil or criminal
proceeding that may result in commitment to a public health
institution.
   (w) The right to restitution for loss of property or personal
effects and belongings if the property or personal effects are
unlawfully confiscated, removed, damaged, or destroyed by law
enforcement, public or private security personnel, or BID agents.
   53.4.  (a) A public employee shall be immune from civil or
criminal liability, and shall not be retaliated against by his or her
employer, for offering public resources to a homeless person in
order to protect that person from harm, including, but not limited
to, for offering or providing food, blankets, first-aid supplies, or
water.
   (b) Any person or organization offering food in public spaces to
any person pursuant to this part shall not be subject to criminal or
civil sanctions, arrest, or harassment by law enforcement, public or
private security personnel, or BID agents.
   (c) Any person or organization offering religious teachings or
services in public spaces to any person pursuant to this part shall
not be subject to criminal or civil sanctions, arrest, or harassment
by law enforcement, public or private security personnel, or BID
agents.
   53.5.  To monitor the enforcement of local ordinances or the
imposition of infractions against persons that are homeless, have low
income, or suffer from mental illness or physical disability, and to
ensure that the provisions of this part are adequately adhered to by
law enforcement, every local law enforcement agency shall compile
and make publicly available information regarding the number of
citations, arrests, and other enforcement activities made by the
local law enforcement agency by ordinance or infraction, as well as
the housing status of those being cited, arrested, or otherwise
subject to enforcement. The local law enforcement agency shall report
this information to the Attorney General on an annual basis.
   53.6.  (a) Any person whose rights have been violated under this
part may enforce those rights and he or she, or his or her lawful
representative, may file a motion for relief in any trial or
appellate court with jurisdiction over the case as a matter of right.
The court shall act promptly on any motion for relief under this
part.
   (b) Any civil action alleging a violation of this part may be
brought against any person, entity, public entity, or public
employee. The court may award punitive damages, if applicable,
appropriate injunctive and declaratory relief, actual damages,
compensatory damages, general damages, special damages, exemplary
damages, statutory damages of one thousand dollars ($1,000) per
violation, if applicable, and reasonable attorneys' fees and costs to
a prevailing plaintiff.
  SEC. 5.  Section 54 of the Civil Code is amended to read:
   54.  (a) Individuals with disabilities or medical conditions have
the same right as the general public to the full and free use of the
streets, highways, sidewalks, walkways, public buildings, medical
facilities, including hospitals, clinics, and physicians' offices,
public facilities, and other public places.
   (b) For purposes of this section:
   (1) "Disability" means any mental or physical disability as
defined in Section 12926 of the Government Code.
   (2) "Medical condition" has the same meaning as defined in
subdivision  (h)   (j)  of Section 12926 of
the Government Code.
   (c) A violation of the right of an individual under the Americans
with Disabilities Act of 1990 (Public Law 101-336) also constitutes a
violation of this section.
  SEC. 6.  Section 32228 of the Education Code is amended to read:
   32228.  (a) It is the intent of the Legislature that public
schools serving pupils in any of grades 8 to 12, inclusive, have
access to supplemental resources to establish programs and strategies
that promote school safety and emphasize violence prevention among
children and youth in public schools.
   (b) It is also the intent of the Legislature that public schools
have access to supplemental resources to combat bias on the basis of
race, color, religion, ancestry, national origin, disability, gender,
gender identity, gender expression, or sexual orientation, as
defined in subdivision  (r)  (s)  of
Section 12926 of the Government Code, and to prevent and respond to
acts of hate violence and bias-related incidents.
   (c) It is further the intent of the Legislature that schoolsites
receiving funds pursuant to this article accomplish all of the
following goals:
   (1) Teach pupils techniques for resolving conflicts without
violence.
   (2) Train school staff and administrators to support and promote
conflict resolution and mediation techniques for resolving conflicts
between and among pupils.
   (3) Reduce incidents of violence at the schoolsite with an
emphasis on prevention and early detection.
                   (4) Provide age-appropriate instruction in
domestic violence prevention, dating violence prevention, and
interpersonal violence prevention.
  SEC. 7.  Section 354.5 of the Elections Code is amended to read:
   354.5.  (a) "Signature" includes either of the following:
   (1) A person's mark if the name of the person affixing the mark is
written near the mark by a witness over 18 years of age designated
by the person and the designee subscribes his or her own name as a
witness thereto. For purposes of this paragraph, a signature stamp
may be used as a mark, provided that the authorized user complies
with the provisions of this paragraph.
   (2) An impression made by the use of a signature stamp pursuant to
the requirements specified in subdivision (c).
   (b) A mark attested as provided in paragraph (1) of subdivision
(a), or an impression made by a signature stamp as provided in
paragraph (2) of subdivision (a), may serve as a signature for any
purpose specified in this code, including a sworn statement.
   (c) An authorized user of a signature stamp may use it to affix a
signature to a document or writing any time that a signature is
required by this code, provided that all of the following conditions,
as applicable, are met:
   (1) A signature stamp used to obtain a ballot or vote by mail
ballot in any local, state, or federal election shall be used only by
the authorized user of that signature stamp.
   (2) A signature stamp shall be affixed by the authorized user in
the presence of the Secretary of State, his or her designee, the
local elections official, or his or her designee, to obtain a ballot,
in any local, state, or federal election unless the authorized user
of the signature stamp votes by vote by mail ballot. If the owner of
a signature stamp votes by vote by mail ballot, he or she shall affix
the signature stamp on the identification envelope in accordance
with Section 3019.
   (d) A signature affixed with a signature stamp by an authorized
user in accordance with this section shall be treated in the same
manner as a signature made in writing.
   (e) A registered voter or any person who is eligible to vote, who
qualifies as an authorized user pursuant to paragraph (1) of
subdivision (g), may use a signature stamp only after he or she first
submits his or her affidavit of registration or a new affidavit of
registration, whichever is applicable, in the presence of a county
elections official, using the signature stamp to sign the affidavit.
   (f) The Secretary of State shall report to the Legislature not
later than January 1, 2009, regarding the use of signature stamps
during the 2008 elections.
   (g) The following definitions apply for purposes of this section:
   (1) "Authorized user" means either of the following:
   (A) A person with a disability who, by reason of that disability,
is unable to write and who owns a signature stamp.
   (B) A person using the signature stamp on behalf of the owner of
the stamp with the owner's express consent and in the presence of the
owner.
   (2) "Disability" means a medical condition, mental disability, or
physical disability, as those terms are defined in subdivisions
 (i)   (j)  ,  (j)  
(k)  , and  (l)   (m)  of Section
12926 of the Government Code.
   (3) "Signature stamp" means a stamp that contains the impression
of any of the following:
   (A) The actual signature of a person with a disability.
   (B) A mark or symbol that is adopted by the person with the
disability.
   (C) A signature of the name of a person with a disability that is
made by another person and is adopted by the person with the
disability.
  SEC. 8.  Section 11135 of the Government Code is amended to read:
   11135.  (a) No person in the State of California shall, on the
basis of race, national origin, ethnic group identification,
religion, age, sex, sexual orientation, color, genetic information,
 or  disability,  or housing status,  be
unlawfully denied full and equal access to the benefits of, or be
unlawfully subjected to discrimination under, any program or activity
that is conducted, operated, or administered by the state or by any
state agency, is funded directly by the state, or receives any
financial assistance from the state. Notwithstanding Section 11000,
this section applies to the California State University.
   (b) With respect to discrimination on the basis of disability,
programs and activities subject to subdivision (a) shall meet the
protections and prohibitions contained in Section 202 of the federal
Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and
the federal rules and regulations adopted in implementation thereof,
except that if the laws of this state prescribe stronger protections
and prohibitions, the programs and activities subject to subdivision
(a) shall be subject to the stronger protections and prohibitions.
   (c) (1) As used in this section, "disability" means any mental or
physical disability, as defined in Section 12926.
   (2) The Legislature finds and declares that the amendments made to
this act are declarative of existing law. The Legislature further
finds and declares that in enacting Senate Bill 105 of the 2001-02
Regular Session (Chapter 1102 of the Statutes of 2002), it was the
intention of the Legislature to apply subdivision (d) to the
California State University in the same manner that subdivisions (a),
(b), and (c) already applied to the California State University,
notwithstanding Section 11000. In clarifying that the California
State University is subject to paragraph (2) of subdivision (d), it
is not the intention of the Legislature to increase the cost of
developing or procuring electronic and information technology. The
California State University shall, however, in determining the cost
of developing or procuring electronic or information technology,
consider whether technology that meets the standards applicable
pursuant to paragraph (2) of subdivision (d) will reduce the
long-term cost incurred by the California State University in
providing access or accommodations to future users of this technology
who are persons with disabilities, as required by existing law,
including this section, Title II of the federal Americans with
Disabilities Act of 1990 (42 U.S.C. Sec. 12101 and following), and
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sec. 794).
   (d) (1) The Legislature finds and declares that the ability to
utilize electronic or information technology is often an essential
function for successful employment in the current work world.
   (2) In order to improve accessibility of existing technology, and
therefore increase the successful employment of individuals with
disabilities, particularly blind and visually impaired and deaf and
hard-of-hearing persons, state governmental entities, in developing,
procuring, maintaining, or using electronic or information
technology, either indirectly or through the use of state funds by
other entities, shall comply with the accessibility requirements of
Section 508 of the federal Rehabilitation Act of 1973, as amended (29
U.S.C. Sec. 794d), and regulations implementing that act as set
forth in Part 1194 of Title 36 of the Federal Code of Regulations.
   (3) Any entity that contracts with a state or local entity subject
to this section for the provision of electronic or information
technology or for the provision of related services shall agree to
respond to, and resolve any complaint regarding accessibility of its
products or services that is brought to the attention of the entity.
   (e) As used in this section, "sex" and "sexual orientation" have
the same meanings as those terms are defined in subdivisions 
(q)   (r)  and  (r)   (s)
 of Section 12926.
   (f) As used in this section, "race, national origin, ethnic group
identification, religion, age, sex, sexual orientation, color, or
disability" includes a perception that a person has any of those
characteristics or that the person is associated with a person who
has, or is perceived to have, any of those characteristics.
   (g) As used in this section, "genetic information" has the same
definition as in paragraph (2) of subdivision (e) of Section 51 of
the Civil Code. 
   (h) As used in this section, "housing status" means the status of
having or not having a fixed or regular residence, including the
status of living on the streets, in a vehicle, or in a homeless
shelter, or similar temporary residence or elsewhere in the public
domain. 
  SEC. 9.  Section 12920 of the Government Code is amended to read:
   12920.  It is hereby declared as the public policy of this state
that it is necessary to protect and safeguard the right and
opportunity of all persons to seek, obtain, and hold employment
without discrimination or abridgment on account of race, religious
creed, color, national origin, ancestry, physical disability, mental
disability, medical condition, genetic information, marital status,
sex, gender, gender identity, gender expression, age,  or
 sexual orientation  , or housing status  .
   It is recognized that the practice of denying employment
opportunity and discriminating in the terms of employment for these
reasons foments domestic strife and unrest, deprives the state of the
fullest utilization of its capacities for development and
advancement, and substantially and adversely affects the interests of
employees, employers, and the public in general.
   Further, the practice of discrimination because of race, color,
religion, sex, gender, gender identity, gender expression, sexual
orientation, marital status, national origin, ancestry, familial
status, source of income, disability,  or  genetic
information  , or housing status  in housing accommodations
is declared to be against public policy.
   It is the purpose of this part to provide effective remedies that
will eliminate these discriminatory practices.
   This part shall be deemed an exercise of the police power of the
state for the protection of the welfare, health, and peace of the
people of this state.
  SEC. 10.  Section 12921 of the Government Code is amended to read:
   12921.  (a) The opportunity to seek, obtain, and hold employment
without discrimination because of race, religious creed, color,
national origin, ancestry, physical disability, mental disability,
medical condition, genetic information, marital status, sex, gender,
gender identity, gender expression, age,  or  sexual
orientation  , or housing status  is hereby recognized as
and declared to be a civil right.
   (b) The opportunity to seek, obtain, and hold housing without
discrimination because of race, color, religion, sex, gender, gender
identity, gender expression, sexual orientation, marital status,
national origin, ancestry, familial status, source of income,
disability, genetic information,  housing status,  or any
other basis prohibited by Section 51 of the Civil Code is hereby
recognized as and declared to be a civil right.
  SEC. 11.  Section 12926 of the Government Code is amended to read:
   12926.  As used in this part in connection with unlawful
practices, unless a different meaning clearly appears from the
context:
   (a) "Affirmative relief" or "prospective relief" includes the
authority to order reinstatement of an employee, awards of backpay,
reimbursement of out-of-pocket expenses, hiring, transfers,
reassignments, grants of tenure, promotions, cease and desist orders,
posting of notices, training of personnel, testing, expunging of
records, reporting of records, and any other similar relief that is
intended to correct unlawful practices under this part.
   (b) "Age" refers to the chronological age of any individual who
has reached his or her 40th birthday.
   (c) "Employee" does not include any individual employed by his or
her parents, spouse, or child, or any individual employed under a
special license in a nonprofit sheltered workshop or rehabilitation
facility.
   (d) "Employer" includes any person regularly employing five or
more persons, or any person acting as an agent of an employer,
directly or indirectly, the state or any political or civil
subdivision of the state, and cities, except as follows:
   "Employer" does not include a religious association or corporation
not organized for private profit.
   (e) "Employment agency" includes any person undertaking for
compensation to procure employees or opportunities to work.
   (f) "Essential functions" means the fundamental job duties of the
employment position the individual with a disability holds or
desires. "Essential functions" does not include the marginal
functions of the position.
   (1) A job function may be considered essential for any of several
reasons, including, but not limited to, any one or more of the
following:
   (A) The function may be essential because the reason the position
exists is to perform that function.
   (B) The function may be essential because of the limited number of
employees available among whom the performance of that job function
can be distributed.
   (C) The function may be highly specialized, so that the incumbent
in the position is hired for his or her expertise or ability to
perform the particular function.
   (2) Evidence of whether a particular function is essential
includes, but is not limited to, the following:
   (A) The employer's judgment as to which functions are essential.
   (B) Written job descriptions prepared before advertising or
interviewing applicants for the job.
   (C) The amount of time spent on the job performing the function.
   (D) The consequences of not requiring the incumbent to perform the
function.
   (E) The terms of a collective bargaining agreement.
   (F) The work experiences of past incumbents in the job.
   (G) The current work experience of incumbents in similar jobs.
   (g) (1) "Genetic information" means, with respect to any
individual, information about any of the following:
   (A) The individual's genetic tests.
   (B) The genetic tests of family members of the individual.
   (C) The manifestation of a disease or disorder in family members
of the individual.
   (2) "Genetic information" includes any request for, or receipt of,
genetic services, or participation in clinical research that
includes genetic services, by an individual or any family member of
the individual.
   (3) "Genetic information" does not include information about the
sex or age of any individual. 
   (h) "Housing status" means the status of having or not having a
fixed or regular residence, including the status of living on the
streets, in a vehicle, or in a homeless shelter, or similar temporary
residence or elsewhere in the public domain.  
   (h) 
    (i)  "Labor organization" includes any organization that
exists and is constituted for the purpose, in whole or in part, of
collective bargaining or of dealing with employers concerning
grievances, terms or conditions of employment, or of other mutual aid
or protection. 
   (i) 
    (j)  "Medical condition" means either of the following:
   (1) Any health impairment related to or associated with a
diagnosis of cancer or a record or history of cancer.
   (2) Genetic characteristics. For purposes of this section,
"genetic characteristics" means either of the following:
   (A) Any scientifically or medically identifiable gene or
chromosome, or combination or alteration thereof, that is known to be
a cause of a disease or disorder in a person or his or her
offspring, or that is determined to be associated with a
statistically increased risk of development of a disease or disorder,
and that is presently not associated with any symptoms of any
disease or disorder.
   (B) Inherited characteristics that may derive from the individual
or family member, that are known to be a cause of a disease or
disorder in a person or his or her offspring, or that are determined
to be associated with a statistically increased risk of development
of a disease or disorder, and that are presently not associated with
any symptoms of any disease or disorder. 
   (j) 
    (k)  "Mental disability" includes, but is not limited
to, all of the following:
   (1) Having any mental or psychological disorder or condition, such
as intellectual disability, organic brain syndrome, emotional or
mental illness, or specific learning disabilities, that limits a
major life activity. For purposes of this section:
   (A) "Limits" shall be determined without regard to mitigating
measures, such as medications, assistive devices, or reasonable
accommodations, unless the mitigating measure itself limits a major
life activity.
   (B) A mental or psychological disorder or condition limits a major
life activity if it makes the achievement of the major life activity
difficult.
   (C) "Major life activities" shall be broadly construed and shall
include physical, mental, and social activities and working.
   (2) Any other mental or psychological disorder or condition not
described in paragraph (1) that requires special education or related
services.
   (3) Having a record or history of a mental or psychological
disorder or condition described in paragraph (1) or (2), which is
known to the employer or other entity covered by this part.
   (4) Being regarded or treated by the employer or other entity
covered by this part as having, or having had, any mental condition
that makes achievement of a major life activity difficult.
   (5) Being regarded or treated by the employer or other entity
covered by this part as having, or having had, a mental or
psychological disorder or condition that has no present disabling
effect, but that may become a mental disability as described in
paragraph (1) or (2).
   "Mental disability" does not include sexual behavior disorders,
compulsive gambling, kleptomania, pyromania, or psychoactive
substance use disorders resulting from the current unlawful use of
controlled substances or other drugs. 
   (k) 
    (l)  "On the bases enumerated in this part" means or
refers to discrimination on the basis of one or more of the
following: race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, genetic
information, marital status, sex, age, or sexual orientation.

   (l) 
    (m)  "Physical disability" includes, but is not limited
to, all of the following:
   (1) Having any physiological disease, disorder, condition,
cosmetic disfigurement, or anatomical loss that does both of the
following:
   (A) Affects one or more of the following body systems:
neurological, immunological, musculoskeletal, special sense organs,
respiratory, including speech organs, cardiovascular, reproductive,
digestive, genitourinary, hemic and lymphatic, skin, and endocrine.
   (B) Limits a major life activity. For purposes of this section:
   (i) "Limits" shall be determined without regard to mitigating
measures such as medications, assistive devices, prosthetics, or
reasonable accommodations, unless the mitigating measure itself
limits a major life activity.
   (ii) A physiological disease, disorder, condition, cosmetic
disfigurement, or anatomical loss limits a major life activity if it
makes the achievement of the major life activity difficult.
   (iii) "Major life activities" shall be broadly construed and
includes physical, mental, and social activities and working.
   (2) Any other health impairment not described in paragraph (1)
that requires special education or related services.
   (3) Having a record or history of a disease, disorder, condition,
cosmetic disfigurement, anatomical loss, or health impairment
described in paragraph (1) or (2), which is known to the employer or
other entity covered by this part.
   (4) Being regarded or treated by the employer or other entity
covered by this part as having, or having had, any physical condition
that makes achievement of a major life activity difficult.
   (5) Being regarded or treated by the employer or other entity
covered by this part as having, or having had, a disease, disorder,
condition, cosmetic disfigurement, anatomical loss, or health
impairment that has no present disabling effect but may become a
physical disability as described in paragraph (1) or (2).
   (6) "Physical disability" does not include sexual behavior
disorders, compulsive gambling, kleptomania, pyromania, or
psychoactive substance use disorders resulting from the current
unlawful use of controlled substances or other drugs. 
   (m) 
    (n)  Notwithstanding subdivisions (j) 
 (k)  and  (l)   (m)  , if the
definition of "disability" used in the federal Americans with
Disabilities Act of 1990 (P.L. 101-336) would result in broader
protection of the civil rights of individuals with a mental
disability or physical disability, as defined in subdivision 
(j)   (k)  or  (l)   (m)
 , or would include any medical condition not included within
those definitions, then that broader protection or coverage shall be
deemed incorporated by reference into, and shall prevail over
conflicting provisions of, the definitions in subdivisions 
(j)   (k)  and  (l)   (m)
 . 
   (n) 
    (o   )  "Race, religious creed, color, national
origin, ancestry, physical disability, mental disability, medical
condition, genetic information, marital status, sex, age,  or
 sexual  orientation"   orientation,
or housing status   "  includes a perception that the
person has any of those characteristics or that the person is
associated with a person who has, or is perceived to have, any of
those characteristics. 
   (o) 
    (p)  "Reasonable accommodation" may include either of
the following:
   (1) Making existing facilities used by employees readily
accessible to, and usable by, individuals with disabilities.
   (2) Job restructuring, part-time or modified work schedules,
reassignment to a vacant position, acquisition or modification of
equipment or devices, adjustment or modifications of examinations,
training materials or policies, the provision of qualified readers or
interpreters, and other similar accommodations for individuals with
disabilities. 
   (p) 
    (q)  "Religious creed," "religion," "religious
observance," "religious belief," and "creed" include all aspects of
religious belief, observance, and practice, including religious dress
and grooming practices. "Religious dress practice" shall be
construed broadly to include the wearing or carrying of religious
clothing, head or face coverings, jewelry, artifacts, and any other
item that is part of the observance by an individual of his or her
religious creed. "Religious grooming practice" shall be construed
broadly to include all forms of head, facial, and body hair that are
part of the observance by an individual of his or her religious
creed. 
   (q) 
    (r)  (1) "Sex" includes, but is not limited to, the
following:
   (A) Pregnancy or medical conditions related to pregnancy.
   (B) Childbirth or medical conditions related to childbirth.
   (C) Breastfeeding or medical conditions related to breastfeeding.
   (2) "Sex" also includes, but is not limited to, a person's gender.
"Gender" means sex, and includes a person's gender identity and
gender expression. "Gender expression" means a person's
gender-related appearance and behavior whether or not stereotypically
associated with the person's assigned sex at birth. 
   (r) 
    (s   )  "Sexual orientation" means
heterosexuality, homosexuality, and bisexuality. 
   (s) 
    (t)  "Supervisor" means any individual having the
authority, in the interest of the employer, to hire, transfer,
suspend, layoff, recall, promote, discharge, assign, reward, or
discipline other employees, or the responsibility to direct them, or
to adjust their grievances, or effectively to recommend that action,
if, in connection with the foregoing, the exercise of that authority
is not of a merely routine or clerical nature, but requires the use
of independent judgment. 
   (t) 
    (u)  "Undue hardship" means an action requiring
significant difficulty or expense, when considered in light of the
following factors:
   (1) The nature and cost of the accommodation needed.
   (2) The overall financial resources of the facilities involved in
the provision of the reasonable accommodations, the number of persons
employed at the facility, and the effect on expenses and resources
or the impact otherwise of these accommodations upon the operation of
the facility.
   (3) The overall financial resources of the covered entity, the
overall size of the business of a covered entity with respect to the
number of employees, and the number, type, and location of its
facilities.
   (4) The type of operations, including the composition, structure,
and functions of the workforce of the entity.
   (5) The geographic separateness, administrative, or fiscal
relationship of the facility or facilities.
  SEC. 12.  Section 12926.1 of the Government Code is amended to
read:
   12926.1.  The Legislature finds and declares as follows:
   (a) The law of this state in the area of disabilities provides
protections independent from those in the federal Americans with
Disabilities Act of 1990 (P.L. 101-336). Although the federal act
provides a floor of protection, this state's law has always, even
prior to passage of the federal act, afforded additional protections.

   (b) The law of this state contains broad definitions of physical
disability, mental disability, and medical condition. It is the
intent of the Legislature that the definitions of physical disability
and mental disability be construed so that applicants and employees
are protected from discrimination due to an actual or perceived
physical or mental impairment that is disabling, potentially
disabling, or perceived as disabling or potentially disabling.
   (c) Physical and mental disabilities include, but are not limited
to, chronic or episodic conditions such as HIV/AIDS, hepatitis,
epilepsy, seizure disorder, diabetes, clinical depression, bipolar
disorder, multiple sclerosis, and heart disease. In addition, the
Legislature has determined that the definitions of "physical
disability" and "mental disability" under the law of this state
require a "limitation" upon a major life activity, but do not
require, as does the federal Americans with Disabilities Act of 1990,
a "substantial limitation." This distinction is intended to result
in broader coverage under the law of this state than under that
federal act. Under the law of this state, whether a condition limits
a major life activity shall be determined without respect to any
mitigating measures, unless the mitigating measure itself limits a
major life activity, regardless of federal law under the Americans
with Disabilities Act of 1990. Further, under the
                        law of this state, "working" is a major life
activity, regardless of whether the actual or perceived working
limitation implicates a particular employment or a class or broad
range of employments.
   (d) Notwithstanding any interpretation of law in Cassista v.
Community Foods (1993) 5 Cal.4th 1050, the Legislature intends (1)
for state law to be independent of the federal Americans with
Disabilities Act of 1990, (2) to require a "limitation" rather than a
"substantial limitation" of a major life activity, and (3) by
enacting paragraph (4) of subdivision  (j)   (k)
 and paragraph (4) of subdivision  (l)  
(m)  of Section 12926, to provide protection when an individual
is erroneously or mistakenly believed to have any physical or mental
condition that limits a major life activity.
   (e) The Legislature affirms the importance of the interactive
process between the applicant or employee and the employer in
determining a reasonable accommodation, as this requirement has been
articulated by the Equal Employment Opportunity Commission in its
interpretive guidance of the federal Americans with Disabilities Act
of 1990.
  SEC. 13.  Section 12930 of the Government Code is amended to read:
   12930.  The department shall have the following functions, powers,
and duties:
   (a) To establish and maintain a principal office and any other
offices within the state as are necessary to carry out the purposes
of this part.
   (b) To meet and function at any place within the state.
   (c) To appoint attorneys, investigators, conciliators, mediators,
and other employees as it may deem necessary, fix their compensation
within the limitations provided by law, and prescribe their duties.
   (d) To obtain upon request and utilize the services of all
governmental departments and agencies and, in addition, with respect
to housing discrimination, of conciliation councils.
   (e) To adopt, promulgate, amend, and rescind suitable procedural
rules and regulations to carry out the investigation, prosecution,
and dispute resolution functions and duties of the department
pursuant to this part.
   (f) (1) To receive, investigate, conciliate, mediate, and
prosecute complaints alleging practices made unlawful pursuant to
Chapter 6 (commencing with Section 12940).
   (2) To receive, investigate, conciliate, mediate, and prosecute
complaints alleging a violation of Section 51, 51.5, 51.7, 54, 54.1,
or 54.2 of the Civil Code. The remedies and procedures of this part
shall be independent of any other remedy or procedure that might
apply.
   (g) In connection with any matter under investigation or in
question before the department pursuant to a complaint filed under
Section 12960, 12961, or 12980:
   (1) To issue subpoenas to require the attendance and testimony of
witnesses and the production of books, records, documents, and
physical materials.
   (2) To administer oaths, examine witnesses under oath and take
evidence, and take depositions and affidavits.
   (3) To issue written interrogatories.
   (4) To request the production for inspection and copying of books,
records, documents, and physical materials.
   (5) To petition the superior courts to compel the appearance and
testimony of witnesses, the production of books, records, documents,
and physical materials, and the answering of interrogatories.
   (h) To bring civil actions pursuant to Section 12965 or 12981 and
to prosecute those civil actions before state and federal trial
courts.
   (i) To issue those publications and those results of
investigations and research as in its judgment will tend to promote
good will and minimize or eliminate discrimination in employment on
the bases enumerated in this part and discrimination in housing
because of race, religious creed, color, sex, gender, gender
identity, gender expression, marital status, national origin,
ancestry, familial status, disability, genetic information, 
or  sexual orientation  , or housing status  .
   (j) To investigate, approve, certify, decertify, monitor, and
enforce nondiscrimination programs proposed by a contractor to be
engaged in pursuant to Section 12990.
   (k) To render annually to the Governor and to the Legislature a
written report of its activities and of its recommendations.
   (l) To conduct mediations at any time after a complaint is filed
pursuant to Section 12960, 12961, or 12980. The department may end
mediation at any time.
   (m) The following shall apply with respect to any accusation
pending before the former Fair Employment and Housing Commission on
or after January 1, 2013:
   (1) If an accusation issued under former Section 12965 includes a
prayer either for damages for emotional injuries as a component of
actual damages, or for administrative fines, or both, or if an
accusation is amended for the purpose of adding a prayer either for
damages for emotional injuries as a component of actual damages, or
for administrative fines, or both, with the consent of the party
accused of engaging in unlawful practices, the department may
withdraw an accusation and bring a civil action in superior court.
   (2) If an accusation was issued under former Section 12981, with
the consent of the aggrieved party filing the complaint an aggrieved
person on whose behalf a complaint is filed, or the party accused of
engaging in unlawful practices, the department may withdraw the
accusation and bring a civil action in superior court.
   (3) Where removal to court is not feasible, the department shall
retain the services of the Office of Administrative Hearings to
adjudicate the administrative action pursuant to Sections 11370.3 and
11502.
   (n) On any Section 1094.5 Code of Civil Procedure challenge to a
decision of the former Fair Employment and Housing Commission pending
on or after January 1, 2013, the director or his or her designee
shall consult with the Attorney General regarding the defense of that
writ petition.
  SEC. 14.  Section 12931 of the Government Code is amended to read:
   12931.  The department may also provide assistance to communities
and persons therein in resolving disputes, disagreements, or
difficulties relating to discriminatory practices based on race,
religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, genetic
information, marital status, sex, gender, gender identity, gender
expression, familial status, age,  or  sexual
orientation  , or housing status  that impair the rights of
persons in those communities under the Constitution or laws of the
United States or of this state. The services of the department may be
made available in cases of these disputes, disagreements, or
difficulties only when, in its judgment, peaceful relations among the
citizens of the community involved are threatened thereby. The
department's services are to be made available only upon the request
of an appropriate state or local public body, or upon the request of
any person directly affected by any such dispute, disagreement, or
difficulty.
   The assistance of the department pursuant to this section shall be
limited to endeavors at investigation, conference, conciliation, and
persuasion.
  SEC. 15.  Section 12940 of the Government Code is amended to read:
   12940.  It is an unlawful employment practice, unless based upon a
bona fide occupational qualification, or, except where based upon
applicable security regulations established by the United States or
the State of California:
   (a) For an employer, because of the race, religious creed, color,
national origin, ancestry, physical disability, mental disability,
medical condition, genetic information, marital status, sex, gender,
gender identity, gender expression, age,  or  sexual
orientation  , or housing status  of any person, to refuse
to hire or employ the person or to refuse to select the person for a
training program leading to employment, or to bar or to discharge the
person from employment or from a training program leading to
employment, or to discriminate against the person in compensation or
in terms, conditions, or privileges of employment.
   (1) This part does not prohibit an employer from refusing to hire
or discharging an employee with a physical or mental disability, or
subject an employer to any legal liability resulting from the refusal
to employ or the discharge of an employee with a physical or mental
disability, where the employee, because of his or her physical or
mental disability, is unable to perform his or her essential duties
even with reasonable accommodations, or cannot perform those duties
in a manner that would not endanger his or her health or safety or
the health or safety of others even with reasonable accommodations.
   (2) This part does not prohibit an employer from refusing to hire
or discharging an employee who, because of the employee's medical
condition, is unable to perform his or her essential duties even with
reasonable accommodations, or cannot perform those duties in a
manner that would not endanger the employee's health or safety or the
health or safety of others even with reasonable accommodations.
Nothing in this part shall subject an employer to any legal liability
resulting from the refusal to employ or the discharge of an employee
who, because of the employee's medical condition, is unable to
perform his or her essential duties, or cannot perform those duties
in a manner that would not endanger the employee's health or safety
or the health or safety of others even with reasonable
accommodations.
   (3) Nothing in this part relating to discrimination on account of
marital status shall do either of the following:
   (A) Affect the right of an employer to reasonably regulate, for
reasons of supervision, safety, security, or morale, the working of
spouses in the same department, division, or facility, consistent
with the rules and regulations adopted by the commission.
   (B) Prohibit bona fide health plans from providing additional or
greater benefits to employees with dependents than to those employees
without or with fewer dependents.
   (4) Nothing in this part relating to discrimination on account of
sex shall affect the right of an employer to use veteran status as a
factor in employee selection or to give special consideration to
Vietnam-era veterans.
   (5) (A) This part does not prohibit an employer from refusing to
employ an individual because of his or her age if the law compels or
provides for that refusal. Promotions within the existing staff,
hiring or promotion on the basis of experience and training, rehiring
on the basis of seniority and prior service with the employer, or
hiring under an established recruiting program from high schools,
colleges, universities, or trade schools do not, in and of
themselves, constitute unlawful employment practices.
   (B) The provisions of this part relating to discrimination on the
basis of age do not prohibit an employer from providing health
benefits or health care reimbursement plans to retired persons that
are altered, reduced, or eliminated when the person becomes eligible
for Medicare health benefits. This subparagraph applies to all
retiree health benefit plans and contractual provisions or practices
concerning retiree health benefits and health care reimbursement
plans in effect on or after January 1, 2011.
   (b) For a labor organization, because of the race, religious
creed, color, national origin, ancestry, physical disability, mental
disability, medical condition, genetic information, marital status,
sex, gender, gender identity, gender expression, age,  or
 sexual orientation  , or housing status  of any
person, to exclude, expel, or restrict from its membership the
person, or to provide only second-class or segregated membership or
to discriminate against any person because of the race, religious
creed, color, national origin, ancestry, physical disability, mental
disability, medical condition, genetic information, marital status,
sex, gender, gender identity, gender expression, age,  or
 sexual orientation  ,   or housing status
 of the person in the election of officers of the labor
organization or in the selection of the labor organization's staff or
to discriminate in any way against any of its members or against any
employer or against any person employed by an employer.
   (c) For any person to discriminate against any person in the
selection or training of that person in any apprenticeship training
program or any other training program leading to employment because
of the race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, genetic
information, marital status, sex, gender, gender identity, gender
expression, age,  or  sexual orientation  , or
housing status  of the person discriminated against.
   (d) For any employer or employment agency to print or circulate or
cause to be printed or circulated any publication, or to make any
nonjob-related inquiry of an employee or applicant, either verbal or
through use of an application form, that expresses, directly or
indirectly, any limitation, specification, or discrimination as to
race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, genetic
information, marital status, sex, gender, gender identity, gender
expression, age,  or  sexual orientation,  or
housing status,  or any intent to make any such limitation,
specification, or discrimination. This part does not prohibit an
employer or employment agency from inquiring into the age of an
applicant, or from specifying age limitations, where the law compels
or provides for that action.
   (e) (1) Except as provided in paragraph (2) or (3), for any
employer or employment agency to require any medical or psychological
examination of an applicant, to make any medical or psychological
inquiry of an applicant, to make any inquiry whether an applicant has
a mental disability or physical disability or medical condition, or
to make any inquiry regarding the nature or severity of a physical
disability, mental disability, or medical condition.
   (2) Notwithstanding paragraph (1), an employer or employment
agency may inquire into the ability of an applicant to perform
job-related functions and may respond to an applicant's request for
reasonable accommodation.
   (3) Notwithstanding paragraph (1), an employer or employment
agency may require a medical or psychological examination or make a
medical or psychological inquiry of a job applicant after an
employment offer has been made but prior to the commencement of
employment duties, provided that the examination or inquiry is job
related and consistent with business necessity and that all entering
employees in the same job classification are subject to the same
examination or inquiry.
   (f) (1) Except as provided in paragraph (2), for any employer or
employment agency to require any medical or psychological examination
of an employee, to make any medical or psychological inquiry of an
employee, to make any inquiry whether an employee has a mental
disability, physical disability, or medical condition, or to make any
inquiry regarding the nature or severity of a physical disability,
mental disability, or medical condition.
   (2) Notwithstanding paragraph (1), an employer or employment
agency may require any examinations or inquiries that it can show to
be job related and consistent with business necessity. An employer or
employment agency may conduct voluntary medical examinations,
including voluntary medical histories, which are part of an employee
health program available to employees at that worksite.
   (g) For any employer, labor organization, or employment agency to
harass, discharge, expel, or otherwise discriminate against any
person because the person has made a report pursuant to Section
11161.8 of the Penal Code that prohibits retaliation against hospital
employees who report suspected patient abuse by health facilities or
community care facilities.
   (h) For any employer, labor organization, employment agency, or
person to discharge, expel, or otherwise discriminate against any
person because the person has opposed any practices forbidden under
this part or because the person has filed a complaint, testified, or
assisted in any proceeding under this part.
   (i) For any person to aid, abet, incite, compel, or coerce the
doing of any of the acts forbidden under this part, or to attempt to
do so.
   (j) (1) For an employer, labor organization, employment agency,
apprenticeship training program or any training program leading to
employment, or any other person, because of race, religious creed,
color, national origin, ancestry, physical disability, mental
disability, medical condition, genetic information, marital status,
sex, gender, gender identity, gender expression, age,  or
 sexual orientation,  or housing status,  to harass
an employee, an applicant, or a person providing services pursuant
to a contract. Harassment of an employee, an applicant, or a person
providing services pursuant to a contract by an employee, other than
an agent or supervisor, shall be unlawful if the entity, or its
agents or supervisors, knows or should have known of this conduct and
fails to take immediate and appropriate corrective action. An
employer may also be responsible for the acts of nonemployees, with
respect to sexual harassment of employees, applicants, or persons
providing services pursuant to a contract in the workplace, where the
employer, or its agents or supervisors, knows or should have known
of the conduct and fails to take immediate and appropriate corrective
action. In reviewing cases involving the acts of nonemployees, the
extent of the employer's control and any other legal responsibility
that the employer may have with respect to the conduct of those
nonemployees shall be considered. An entity shall take all reasonable
steps to prevent harassment from occurring. Loss of tangible job
benefits shall not be necessary in order to establish harassment.
   (2) The provisions of this subdivision are declaratory of existing
law, except for the new duties imposed on employers with regard to
harassment.
   (3) An employee of an entity subject to this subdivision is
personally liable for any harassment prohibited by this section that
is perpetrated by the employee, regardless of whether the employer or
covered entity knows or should have known of the conduct and fails
to take immediate and appropriate corrective action.
   (4) (A) For purposes of this subdivision only, "employer" means
any person regularly employing one or more persons or regularly
receiving the services of one or more persons providing services
pursuant to a contract, or any person acting as an agent of an
employer, directly or indirectly, the state, or any political or
civil subdivision of the state, and cities. The definition of
"employer" in subdivision (d) of Section 12926 applies to all
provisions of this section other than this subdivision.
   (B) Notwithstanding subparagraph (A), for purposes of this
subdivision, "employer" does not include a religious association or
corporation not organized for private profit, except as provided in
Section 12926.2.
   (C) For purposes of this subdivision, "harassment" because of sex
includes sexual harassment, gender harassment, and harassment based
on pregnancy, childbirth, or related medical conditions.
   (5) For purposes of this subdivision, "a person providing services
pursuant to a contract" means a person who meets all of the
following criteria:
   (A) The person has the right to control the performance of the
contract for services and discretion as to the manner of performance.

   (B) The person is customarily engaged in an independently
established business.
   (C) The person has control over the time and place the work is
performed, supplies the tools and instruments used in the work, and
performs work that requires a particular skill not ordinarily used in
the course of the employer's work.
   (k) For an employer, labor organization, employment agency,
apprenticeship training program, or any training program leading to
employment, to fail to take all reasonable steps necessary to prevent
discrimination and harassment from occurring.
   (l) (1) For an employer or other entity covered by this part to
refuse to hire or employ a person or to refuse to select a person for
a training program leading to employment or to bar or to discharge a
person from employment or from a training program leading to
employment, or to discriminate against a person in compensation or in
terms, conditions, or privileges of employment because of a conflict
between the person's religious belief or observance and any
employment requirement, unless the employer or other entity covered
by this part demonstrates that it has explored any available
reasonable alternative means of accommodating the religious belief or
observance, including the possibilities of excusing the person from
those duties that conflict with his or her religious belief or
observance or permitting those duties to be performed at another time
or by another person, but is unable to reasonably accommodate the
religious belief or observance without undue hardship, as defined in
subdivision (t) of Section 12926, on the conduct of the business of
the employer or other entity covered by this part. Religious belief
or observance, as used in this section, includes, but is not limited
to, observance of a Sabbath or other religious holy day or days,
reasonable time necessary for travel prior and subsequent to a
religious observance, and religious dress practice and religious
grooming practice as described in subdivision (p) of Section 12926.
   (2) An accommodation of an individual's religious dress practice
or religious grooming practice is not reasonable if the accommodation
requires segregation of the individual from other employees or the
public.
   (3) An accommodation is not required under this subdivision if it
would result in a violation of this part or any other law prohibiting
discrimination or protecting civil rights, including subdivision (b)
of Section 51 of the Civil Code and Section 11135 of this code.
   (m) For an employer or other entity covered by this part to fail
to make reasonable accommodation for the known physical or mental
disability of an applicant or employee. Nothing in this subdivision
or in paragraph (1) or (2) of subdivision (a) shall be construed to
require an accommodation that is demonstrated by the employer or
other covered entity to produce undue hardship, as defined in
subdivision (t) of Section 12926, to its operation.
   (n) For an employer or other entity covered by this part to fail
to engage in a timely, good faith, interactive process with the
employee or applicant to determine effective reasonable
accommodations, if any, in response to a request for reasonable
accommodation by an employee or applicant with a known physical or
mental disability or known medical condition.
   (o) For an employer or other entity covered by this part, to
subject, directly or indirectly, any employee, applicant, or other
person to a test for the presence of a genetic characteristic.
  SEC. 16.  Section 12944 of the Government Code, as amended by
Section 37 of Chapter 46 of the Statutes of 2012, is amended to read:

   12944.  (a) It shall be unlawful for a licensing board to require
any examination or establish any other qualification for licensing
that has an adverse impact on any class by virtue of its race, creed,
color, national origin or ancestry, sex, gender, gender identity,
gender expression, age, medical condition, genetic information,
physical disability, mental disability,  or  sexual
orientation,  or housing status,  unless the practice can be
demonstrated to be job related.
   If an examination or other qualification for licensing is
determined to be unlawful under this section, that determination
shall not void, limit, repeal, or otherwise affect any right,
privilege, status, or responsibility previously conferred upon any
person by the examination or by a license issued in reliance on the
examination or qualification.
   (b) It shall be unlawful for a licensing board to fail or refuse
to make reasonable accommodation to an individual's mental or
physical disability or medical condition.
   (c) It shall be unlawful for any licensing board, unless
specifically acting in accordance with federal equal employment
opportunity guidelines or regulations approved by the council, to
print or circulate or cause to be printed or circulated any
publication, or to make any non-job-related inquiry, either verbal or
through use of an application form, which expresses, directly or
indirectly, any limitation, specification, or discrimination as to
race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, genetic
information, sex, gender, gender identity, gender expression, age,
 or  sexual orientation  , or housing status
 or any intent to make any such limitation, specification, or
discrimination. Nothing in this subdivision shall prohibit any
licensing board from making, in connection with prospective licensure
or certification, an inquiry as to, or a request for information
regarding, the physical fitness of applicants if that inquiry or
request for information is directly related and pertinent to the
license or the licensed position the applicant is applying for.
Nothing in this subdivision shall prohibit any licensing board, in
connection with prospective examinations, licensure, or
certification, from inviting individuals with physical or mental
disabilities to request reasonable accommodations or from making
inquiries related to reasonable accommodations.
   (d) It is unlawful for a licensing board to discriminate against
any person because the person has filed a complaint, testified, or
assisted in any proceeding under this part.
   (e) It is unlawful for any licensing board to fail to keep records
of applications for licensing or certification for a period of two
years following the date of receipt of the applications.
   (f) As used in this section, "licensing board" means any state
board, agency, or authority in the State and Consumer Services Agency
that has the authority to grant licenses or certificates which are
prerequisites to employment eligibility or professional status.
  SEC. 17.  Section 12944 of the Government Code, as amended by
Section 17 of Chapter 147 of the Statutes of 2012, is amended to
read:
   12944.  (a) It shall be unlawful for a licensing board to require
any examination or establish any other qualification for licensing
that has an adverse impact on any class by virtue of its race, creed,
color, national origin or ancestry,
                sex, gender, gender identity, gender expression, age,
medical condition, genetic information, physical disability, mental
disability,  or  sexual orientation, or housing
status  unless the practice can be demonstrated to be job
related.
   Where the commission, after hearing, determines that an
examination is unlawful under this subdivision, the licensing board
may continue to use and rely on the examination until such time as
judicial review by the superior court of the determination is
exhausted.
   If an examination or other qualification for licensing is
determined to be unlawful under this section, that determination
shall not void, limit, repeal, or otherwise affect any right,
privilege, status, or responsibility previously conferred upon any
person by the examination or by a license issued in reliance on the
examination or qualification.
   (b) It shall be unlawful for a licensing board to fail or refuse
to make reasonable accommodation to an individual's mental or
physical disability or medical condition.
   (c) It shall be unlawful for any licensing board, unless
specifically acting in accordance with federal equal employment
opportunity guidelines or regulations approved by the commission, to
print or circulate or cause to be printed or circulated any
publication, or to make any non-job-related inquiry, either verbal or
through use of an application form, which expresses, directly or
indirectly, any limitation, specification, or discrimination as to
race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, genetic
information, sex, gender, gender identity, gender expression, age,
 or  sexual orientation  , or housing status
 or any intent to make any such limitation, specification, or
discrimination. Nothing in this subdivision shall prohibit any
licensing board from making, in connection with prospective licensure
or certification, an inquiry as to, or a request for information
regarding, the physical fitness of applicants if that inquiry or
request for information is directly related and pertinent to the
license or the licensed position the applicant is applying for.
Nothing in this subdivision shall prohibit any licensing board, in
connection with prospective examinations, licensure, or
certification, from inviting individuals with physical or mental
disabilities to request reasonable accommodations or from making
inquiries related to reasonable accommodations.
   (d) It is unlawful for a licensing board to discriminate against
any person because the person has filed a complaint, testified, or
assisted in any proceeding under this part.
   (e) It is unlawful for any licensing board to fail to keep records
of applications for licensing or certification for a period of two
years following the date of receipt of the applications.
   (f) As used in this section, "licensing board" means any state
board, agency, or authority in the Business, Consumer Services, and
Housing Agency that has the authority to grant licenses or
certificates which are prerequisites to employment eligibility or
professional status.
  SEC. 18.  Section 12955 of the Government Code is amended to read:
   12955.  It shall be unlawful:
   (a) For the owner of any housing accommodation to discriminate
against or harass any person because of the race, color, religion,
sex, gender, gender identity, gender expression, sexual orientation,
marital status, national origin, ancestry, familial status, source of
income, disability,  or  genetic information  ,
or housing status  of that person.
   (b) For the owner of any housing accommodation to make or to cause
to be made any written or oral inquiry concerning the race, color,
religion, sex, gender, gender identity, gender expression, sexual
orientation, marital status, national origin, ancestry, familial
status, disability,  or  genetic information  ,
or housing status  of any person seeking to purchase, rent, or
lease any housing accommodation.
   (c) For any person to make, print, or publish, or cause to be
made, printed, or published any notice, statement, or advertisement,
with respect to the sale or rental of a housing accommodation that
indicates any preference, limitation, or discrimination based on
race, color, religion, sex, gender, gender identity, gender
expression, sexual orientation, marital status, national origin,
ancestry, familial status, source of income, disability,  or
 genetic information  , or housing status  or an
intention to make that preference, limitation, or discrimination.
   (d) For any person subject to the provisions of Section 51 of the
Civil Code, as that section applies to housing accommodations, to
discriminate against any person on the basis of sex, gender, gender
identity, gender expression, sexual orientation, color, race,
religion, ancestry, national origin, familial status, marital status,
disability, genetic information, source of income,  housing
status,  or on any other basis prohibited by that section.
Selection preferences based on age, imposed in connection with a
federally approved housing program, do not constitute age
discrimination in housing.
   (e) For any person, bank, mortgage company or other financial
institution that provides financial assistance for the purchase,
organization, or construction of any housing accommodation to
discriminate against any person or group of persons because of the
race, color, religion, sex, gender, gender identity, gender
expression, sexual orientation, marital status, national origin,
ancestry, familial status, source of income, disability,  or
 genetic information  , or housing status  in the
terms, conditions, or privileges relating to the obtaining or use of
that financial assistance.
   (f) For any owner of housing accommodations to harass, evict, or
otherwise discriminate against any person in the sale or rental of
housing accommodations when the owner's dominant purpose is
retaliation against a person who has opposed practices unlawful under
this section, informed law enforcement agencies of practices
believed unlawful under this section, has testified or assisted in
any proceeding under this part, or has aided or encouraged a person
to exercise or enjoy the rights secured by this part. Nothing herein
is intended to cause or permit the delay of an unlawful detainer
action.
   (g) For any person to aid, abet, incite, compel, or coerce the
doing of any of the acts or practices declared unlawful in this
section, or to attempt to do so.
   (h) For any person, for profit, to induce any person to sell or
rent any dwelling by representations regarding the entry or
prospective entry into the neighborhood of a person or persons of a
particular race, color, religion, sex, gender, gender identity,
gender expression, sexual orientation, marital status, ancestry,
disability, genetic information, source of income, familial status,
 or  national origin  , or housing status 
.
   (i) For any person or other organization or entity whose business
involves real estate-related transactions to discriminate against any
person in making available a transaction, or in the terms and
conditions of a transaction, because of race, color, religion, sex,
gender, gender identity, gender expression, sexual orientation,
marital status, national origin, ancestry, source of income, familial
status, disability,  or  genetic information  ,
or housing status  .
   (j) To deny a person access to, or membership or participation in,
a multiple listing service, real estate brokerage organization, or
other service because of race, color, religion, sex, gender, gender
identity, gender expression, sexual orientation, marital status,
ancestry, disability, genetic information, familial status, source of
income,  or  national origin  , or housing
status  .
   (k) To otherwise make unavailable or deny a dwelling based on
discrimination because of race, color, religion, sex, gender, gender
identity, gender expression, sexual orientation, familial status,
source of income, disability, genetic information,  or
 national origin  , or housing status  .
   (l) To discriminate through public or private land use practices,
decisions, and authorizations because of race, color, religion, sex,
gender, gender identity, gender expression, sexual orientation,
familial status, marital status, disability, genetic information,
national origin, source of income,  or  ancestry
 , or housing status  . Discrimination includes, but is not
limited to, restrictive covenants, zoning laws, denials of use
permits, and other actions authorized under the Planning and Zoning
Law (Title 7 (commencing with Section 65000)), that make housing
opportunities unavailable.
   Discrimination under this subdivision also includes the existence
of a restrictive covenant, regardless of whether accompanied by a
statement that the restrictive covenant is repealed or void.
   (m) As used in this section, "race, color, religion, sex, gender,
gender identity, gender expression, sexual orientation, marital
status, national origin, ancestry, familial status, source of income,
disability,  or  genetic  information,"
  information, or housing status,   " 
includes a perception that the person has any of those
characteristics or that the person is associated with a person who
has, or is perceived to have, any of those characteristics.
   (n) To use a financial or income standard in the rental of housing
that fails to account for the aggregate income of persons residing
together or proposing to reside together on the same basis as the
aggregate income of married persons residing together or proposing to
reside together.
   (o) In instances where there is a government rent subsidy, to use
a financial or income standard in assessing eligibility for the
rental of housing that is not based on the portion of the rent to be
paid by the tenant.
   (p) (1) For the purposes of this section, "source of income" means
lawful, verifiable income paid directly to a tenant or paid to a
representative of a tenant. For the purposes of this section, a
landlord is not considered a representative of a tenant.
   (2) For the purposes of this section, it shall not constitute
discrimination based on source of income to make a written or oral
inquiry concerning the level or source of income.
  SEC. 19.  Section 12955.8 of the Government Code is amended to
read:
   12955.8.  For purposes of this article, in connection with
unlawful practices:
   (a) Proof of an intentional violation of this article includes,
but is not limited to, an act or failure to act that is otherwise
covered by this part, that demonstrates an intent to discriminate in
any manner in violation of this part. A person intends to
discriminate if race, color, religion, sex, gender, gender identity,
gender expression, sexual orientation, marital status, national
origin, ancestry, familial status, source of income, disability,
 or  genetic information  , or housing status
 is a motivating factor in committing a discriminatory housing
practice even though other factors may have also motivated the
practice. An intent to discriminate may be established by direct or
circumstantial evidence.
   (b) Proof of a violation causing a discriminatory effect is shown
if an act or failure to act that is otherwise covered by this part,
and that has the effect, regardless of intent, of unlawfully
discriminating on the basis of race, color, religion, sex, gender,
gender identity, gender expression, sexual orientation, marital
status, national origin, ancestry, familial status, source of income,
disability,  or  genetic information  , or
housing status  . A business establishment whose action or
inaction has an unintended discriminatory effect shall not be
considered to have committed an unlawful housing practice in
violation of this part if the business establishment can establish
that the action or inaction is necessary to the operation of the
business and effectively carries out the significant business need it
is alleged to serve. In cases that do not involve a business
establishment, the person whose action or inaction has an unintended
discriminatory effect shall not be considered to have committed an
unlawful housing practice in violation of this part if the person can
establish that the action or inaction is necessary to achieve an
important purpose sufficiently compelling to override the
discriminatory effect and effectively carries out the purpose it is
alleged to serve.
   (1) Any determination of a violation pursuant to this subdivision
shall consider whether or not there are feasible alternatives that
would equally well or better accomplish the purpose advanced with a
less discriminatory effect.
   (2) For purposes of this subdivision, the term "business
establishment" shall have the same meaning as in Section 51 of the
Civil Code.
  SEC. 20.  Section 12956.1 of the Government Code is amended to
read:
   12956.1.  (a) As used in this section, "association," "governing
documents," and "declaration" have the same meanings as set forth in
Sections 4080, 4135, and 4150 of the Civil Code.
   (b) (1) A county recorder, title insurance company, escrow
company, real estate broker, real estate agent, or association that
provides a copy of a declaration, governing document, or deed to any
person shall place a cover page or stamp on the first page of the
previously recorded document or documents stating, in at least
14-point boldface type, the following:
   "If this document contains any restriction based on race, color,
religion, sex, gender, gender identity, gender expression, sexual
orientation, familial status, marital status, disability, genetic
information, national origin, source of income as defined in
subdivision (p) of Section 12955,  or  ancestry,
 or housing status,  that restriction violates state and
federal fair housing laws and is void, and may be removed pursuant to
Section 12956.2 of the Government Code. Lawful restrictions under
state and federal law on the age of occupants in senior housing or
housing for older persons shall not be construed as restrictions
based on familial status."
   (2) The requirements set forth in paragraph (1) shall not apply to
documents being submitted for recordation to a county recorder.
   (c) Any person who records a document for the express purpose of
adding a racially restrictive covenant is guilty of a misdemeanor.
The county recorder shall not incur any liability for recording the
document. Notwithstanding any other provision of law, a prosecution
for a violation of this subdivision shall commence within three years
after the discovery of the recording of the document.
  SEC. 21.  Section 12956.2 of the Government Code is amended to
read:
   12956.2.  (a) A person who holds an ownership interest of record
in property that he or she believes is the subject of an unlawfully
restrictive covenant in violation of subdivision (l) of Section 12955
may record a document titled Restrictive Covenant Modification. The
county recorder may choose to waive the fee prescribed for recording
and indexing instruments pursuant to Section 27361 in the case of the
modification document provided for in this section. The modification
document shall include a complete copy of the original document
containing the unlawfully restrictive language with the unlawfully
restrictive language stricken.
   (b) Before recording the modification document, the county
recorder shall submit the modification document and the original
document to the county counsel who shall determine whether the
original document contains an unlawful restriction based on race,
color, religion, sex, gender, gender identity, gender expression,
sexual orientation, familial status, marital status, disability,
national origin, source of income as defined in subdivision (p) of
Section 12955,  or  ancestry  , or housing
status  . The county counsel shall return the documents and
inform the county recorder of its determination. The county recorder
shall refuse to record the modification document if the county
counsel finds that the original document does not contain an unlawful
restriction as specified in this paragraph.
   (c) The modification document shall be indexed in the same manner
as the original document being modified. It shall contain a recording
reference to the original document in the form of a book and page or
instrument number, and date of the recording.
   (d) Subject to covenants, conditions, and restrictions that were
recorded after the recording of the original document that contains
the unlawfully restrictive language and subject to covenants,
conditions, and restrictions that will be recorded after the
Restrictive Covenant Modification, the restrictions in the
Restrictive Covenant Modification, once recorded, are the only
restrictions having effect on the property. The effective date of the
terms and conditions of the modification document shall be the same
as the effective date of the original document.
   (e) The county recorder shall make available to the public
Restrictive Covenant Modification forms.
   (f) If the holder of an ownership interest of record in property
causes to be recorded a modified document pursuant to this section
that contains modifications not authorized by this section, the
county recorder shall not incur liability for recording the document.
The liability that may result from the unauthorized recordation is
the sole responsibility of the holder of the ownership interest of
record who caused the modified recordation.
   (g) This section does not apply to persons holding an ownership
interest in property that is part of a common interest development as
defined in Section 4100 of the Civil Code if the board of directors
of that common interest development is subject to the requirements of
subdivision (b) of Section 4225 of the Civil Code.
  SEC. 22.  Section 12993 of the Government Code is amended to read:
   12993.  (a) The provisions of this part shall be construed
liberally for the accomplishment of the purposes of this part.
Nothing contained in this part shall be deemed to repeal any of the
provisions of the Civil Rights Law or of any other law of this state
relating to discrimination because of race, religious creed, color,
national origin, ancestry, physical disability, mental disability,
medical condition, genetic information, marital status, sex, age,
 or  sexual orientation,  or housing status,
 unless those provisions provide less protection to the
enumerated classes of persons covered under this part.
   (b) Nothing contained in this part relating to discrimination in
employment on account of sex or medical condition shall be deemed to
affect the operation of the terms or conditions of any bona fide
retirement, pension, employee benefit, or insurance plan, provided
the terms or conditions are in accordance with customary and
reasonable or actuarially sound underwriting practices.
   (c) While it is the intention of the Legislature to occupy the
field of regulation of discrimination in employment and housing
encompassed by the provisions of this part, exclusive of all other
laws banning discrimination in employment and housing by any city,
city and county, county, or other political subdivision of the state,
nothing contained in this part shall be construed, in any manner or
way, to limit or restrict the application of Section 51 of the Civil
Code.
  SEC. 23.  Section 868.8 of the Penal Code is amended to read:
   868.8.  Notwithstanding any other provision of law, in any
criminal proceeding in which the defendant is charged with a
violation of Section 243.4, 261, 273a, 273d, 285, 286, 288, 288a,
288.5, or 289, subdivision (1) of Section 314, Section 647.6, or
former Section 647a, or any crime that constitutes domestic violence
defined in Section 13700, committed with or upon a person with a
disability or a minor under 11 years of age, the court shall take
special precautions to provide for the comfort and support of the
person with a disability or minor and to protect him or her from
coercion, intimidation, or undue influence as a witness, including,
but not limited to, any of the following:
   (a) In the court's discretion, the witness may be allowed
reasonable periods of relief from examination and cross-examination
during which he or she may retire from the courtroom. The judge may
also allow other witnesses in the proceeding to be examined when the
person with a disability or child witness retires from the courtroom.

   (b) Notwithstanding Section 68110 of the Government Code, in his
or her discretion, the judge may remove his or her robe if the judge
believes that this formal attire intimidates the person with a
disability or the minor.
   (c) In the court's discretion the judge, parties, witnesses,
support persons, and court personnel may be relocated within the
courtroom to facilitate a more comfortable and personal environment
for the person with a disability or child witness.
   (d) In the court's discretion, the taking of the testimony of the
person with a disability or the minor may be limited to normal school
hours if there is no good cause to take the testimony of the person
with a disability or the minor during other hours.
   (e) For the purposes of this section, the term "disability" is
defined in subdivision  (j)   (k)  of
Section 12926 of the Government Code.
  SEC. 24.  Section 4900 of the Welfare and Institutions Code is
amended to read:
   4900.  (a) The definitions contained in this section shall govern
the construction of this division, unless the context requires
otherwise. These definitions shall not be construed to alter or
impact the definitions or other provisions of the Elder Abuse and
Dependent Adult Civil Protection Act (Chapter 11 (commencing with
Section 15600)), or Chapter 13 (commencing with Section 15750), of
Part 3 of Division 9.
   (b) "Abuse" means an act, or failure to act, that would constitute
abuse as that term is defined in federal regulations pertaining to
the authority of protection and advocacy agencies, including Section
51.2 of Title 42 of the Code of Federal Regulations or Section
1386.19 of Title 45 of the Code of Federal Regulations. "Abuse" also
means an act, or failure to act, that would constitute abuse as that
term is defined in Section 15610.07 of this code or Section 11165.6
of the Penal Code.
   (c) "Complaint" has the same meaning as "complaint" as defined in
federal statutes and regulations pertaining to the authority of
protection and advocacy agencies, including Section 10802(1) of Title
42 of the United States Code, Section 51.2 of Title 42 of the Code
of Federal Regulations, or Section 1386.19 of Title 45 of the Code of
Federal Regulations.
   (d) "Disability" means a developmental disability, as defined in
Section 15002(8) of Title 42 of the United States Code, a mental
illness, as defined in Section 10802(4) of Title 42 of the United
States Code, a disability within the meaning of the federal Americans
with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), as
defined in Section 12102(2) of Title 42 of the United States Code, or
a disability within the meaning of the California Fair Employment
and Housing Act (Part 2.8 (commencing with Section 12900) of Division
3 of Title 2 of the Government Code), as defined in subdivision
 (j)   (k)  or  (l)  
(m)  of Section 12926 of the Government Code.
   (e) "Facility" or "program" means a public or private facility or
program providing services, support, care, or treatment to persons
with disabilities, even if only on an as-needed basis or under
contractual arrangement. "Facility" or "program" includes, but is not
limited to, a hospital, a long-term health care facility, a
community living arrangement for people with disabilities, including
a group home, a board and care home, an individual residence or
apartment of a person with a disability where services are provided,
a day program, a juvenile detention facility, a homeless shelter, a
jail, or a prison, including all general areas, as well as special,
mental health, or forensic units. The term includes any facility
licensed under Division 2 (commencing with Section 1200) of the
Health and Safety Code and any facility that is unlicensed but is not
exempt from licensure as provided in subdivision (a) of Section
1503.5 of the Health and Safety Code. The term also includes a public
or private school or other institution or program providing
education, training, habilitation, therapeutic, or residential
services to persons with disabilities.
   (f) "Legal guardian," "conservator," or "legal representative"
means a person appointed by a state court or agency empowered under
state law to appoint and review the legal guardian, conservator, or
legal representative, as appropriate. With respect to an individual
described under paragraph (2) of subdivision (i), this person is one
who has the legal authority to consent to health or mental health
care or treatment on behalf of the individual. With respect to an
individual described under paragraphs (1) or (3) of subdivision (i),
this person is one who has the legal authority to make all decisions
on behalf of the individual. These terms include the parent of a
minor who has legal custody of the minor. These terms do not include
a person acting solely as a representative payee, a person acting
solely to handle financial matters, an attorney or other person
acting on behalf of an individual with a disability solely in
individual legal matters, or an official or his or her designee who
is responsible for the provision of treatment or services to an
individual with a disability.
   (g) "Neglect" means a negligent act, or omission to act, that
would constitute neglect as that term is defined in federal statutes
and regulations pertaining to the authority of protection and
advocacy agencies, including Section 10802(5) of Title 42 of the
United States Code, Section 51.2 of Title 42 of the Code of Federal
Regulations, or Section 1386.19 of Title 45 of the Code of Federal
Regulations. "Neglect" also means a negligent act, or omission to
act, that would constitute neglect as that term is defined in
subdivision (b) of Section 15610.07 of this code or Section 11165.2
of the Penal Code.
   (h) "Probable cause" to believe that an individual has been
subject to abuse or neglect, or is at significant risk of being
subjected to abuse or neglect, exists when the protection and
advocacy agency determines that it is objectively reasonable for a
person to entertain that belief. The individual making a probable
cause determination may base the decision on reasonable inferences
drawn from his or her experience or training regarding similar
incidents, conditions, or problems that are usually associated with
abuse or neglect.
Information supporting a probable cause determination may result from
monitoring or other activities, including, but not limited to, media
reports and newspaper articles.
   (i) "Protection and advocacy agency" means the private nonprofit
corporation designated by the Governor in this state pursuant to
federal law for the protection and advocacy of the rights of persons
with disabilities, including the following:
   (1) People with developmental disabilities, as authorized under
the federal Developmental Disabilities Assistance and Bill of Rights
Act of 2000, contained in Chapter 144 (commencing with Section 15001)
of Title 42 of the United States Code.
   (2) People with mental illness, as authorized under the federal
Protection and Advocacy for Mentally Ill Individuals Amendments Act
of 1991, contained in Chapter 114 (commencing with Section 10801) of
Title 42 of the United States Code.
   (3) People with disabilities within the meaning of the federal
Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et
seq.) as defined in Section 12102(2) of Title 42 of the United States
Code, who do not have a developmental disability as defined in
Section 15002(8) of Title 42 of the United States Code, people with a
mental illness as defined in Section 10802(4) of Title 42 of the
United States Code, and who are receiving services under the federal
Protection and Advocacy of Individual Rights Act as defined in
Section 794e of Title 29 of the United States Code, or people with a
disability within the meaning of the California Fair Employment and
Housing Act (Part 2.8 (commencing with Section 12900) of Division 3
of Title 2 of the Government Code), as defined in subdivision
 (j)   (k)  or  (l)  
(m)  of Section 12926 of the Government Code.
   (j) "Reasonable unaccompanied access" means access that permits
the protection and advocacy agency, without undue interference, to
monitor, inspect, and observe conditions in facilities and programs,
to meet and communicate with residents and service recipients
privately and confidentially on a regular basis, formally or
informally, by telephone, mail, electronic mail, and in person, and
to review records privately and confidentially, in a manner that
minimizes interference with the activities of the program or service,
that respects residents' privacy interests and honors a resident's
request to terminate an interview, and that does not jeopardize the
physical health or safety of facility or program staff, residents,
service recipients, or protection and advocacy agency staff.
  SEC. 25.   The Legislature finds and declares that the need to
address discriminatory practices is a matter of statewide concern and
is not a municipal affair, as that term is used in Section 5 of
Article XI of the California Constitution. Therefore, this act shall
apply to all cities, including charter cities.
  SEC. 26.  The provisions of this act are severable. If any
provision of this act or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.
  SEC. 27.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
   However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.