California Legislature—2013–14 Regular Session

Assembly Bill No. 2634

Introduced by Assembly Member Bradford

February 21, 2014

An act to amend Section 52.1 of the Civil Code, relating to civil rights.

LEGISLATIVE COUNSEL’S DIGEST

AB 2634, as introduced, Bradford. Civil rights.

Under existing law, if a person or persons, whether or not acting under color of law, interferes or attempts to interfere, by threats, intimidation, or coercion, with the exercise or enjoyment by any individual or individuals of rights secured by the Constitution or laws of the United States, or of the rights secured by the Constitution or laws of this state, the Attorney General, or any district attorney or city attorney is authorized to bring a civil action for injunctive and other appropriate equitable relief in the name of the people of the State of California, in order to protect the exercise or enjoyment of the right or rights secured. Existing law also authorizes an individual whose exercise or enjoyment of those rights has been interfered with, or attempted to be interfered with, as described, to institute and prosecute a civil action for damages, including, but not limited to, specified damages, injunctive relief, and other appropriate equitable relief to protect the peaceable exercise or enjoyment of the right or rights secured.

This bill would authorize injunctive relief to include injunctive relief against nonparties to prohibit the underlying act, if a civil action is brought in response to an act under color of law, and it is established that the act under color of law is the result of a pattern or practice of activity.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

SECTION 1.  

Section 52.1 of the Civil Code is amended to
read:

52.1.  

(a) If a person or persons, whether or not acting under
color of law, interferes by threats, intimidation, or coercion, or
attempts to interfere by threats, intimidation, or coercion, with the
exercise or enjoyment by any individual or individuals of rights
secured by the Constitution or laws of the United States, or of the
rights secured by the Constitution or laws of this state, the Attorney
General, or any district attorney or city attorney may bring a civil
action for injunctive and other appropriate equitable relief in the
name of the people of the State of California, in order to protect
the peaceable exercise or enjoyment of the right or rights secured.
An action brought by the Attorney General, any district attorney,
or any city attorney may also seek a civil penalty of twenty-five
thousand dollars ($25,000). If this civil penalty is requested, it
shall be assessed individually against each person who is
determined to have violated this section and the penalty shall be
awarded to each individual whose rights under this section are
determined to have been violated.

(b) Any individual whose exercise or enjoyment of rights
secured by the Constitution or laws of the United States, or of
rights secured by the Constitution or laws of this state, has been
interfered with, or attempted to be interfered with, as described in
subdivision (a), may institute and prosecute in his or her own name
and on his or her own behalf a civil action for damages, including,
but not limited to, damages under Section 52, injunctive relief,
and other appropriate equitable relief to protect the peaceable
exercise or enjoyment of the right or rights secured. begin insert If a civil action
is brought under this subdivision in response to an act under color
of law, and it is established that the act under color of law is the
result of a pattern or practice of activity, injunctive relief may
include injunctive relief against nonparties to prohibit the
underlying act. end insert

(c) An action brought pursuant to subdivision (a) or (b) may be
filed either in the superior court for the county in which the conduct
complained of occurred or in the superior court for the county in
which a person whose conduct complained of resides or has his
or her place of business. An action brought by the Attorney General
pursuant to subdivision (a) also may be filed in the superior court
for any county wherein the Attorney General has an office, and in
that case, the jurisdiction of the court shall extend throughout the
state.

(d) If a court issues a temporary restraining order or a
preliminary or permanent injunction in an action brought pursuant
to subdivision (a) or (b), ordering a defendant to refrain from
conduct or activities, the order issued shall include the following
statement: VIOLATION OF THIS ORDER IS A CRIME
PUNISHABLE UNDER SECTION 422.77 OF THE PENAL
CODE.

(e) The court shall order the plaintiff or the attorney for the
plaintiff to deliver, or the clerk of the court to mail, two copies of
any order, extension, modification, or termination thereof granted
pursuant to this section, by the close of the business day on which
the order, extension, modification, or termination was granted, to
each local law enforcement agency having jurisdiction over the
residence of the plaintiff and any other locations where the court
determines that acts of violence against the plaintiff are likely to
occur. Those local law enforcement agencies shall be designated
by the plaintiff or the attorney for the plaintiff. Each appropriate
law enforcement agency receiving any order, extension, or
modification of any order issued pursuant to this section shall serve
forthwith one copy thereof upon the defendant. Each appropriate
law enforcement agency shall provide to any law enforcement
officer responding to the scene of reported violence, information
as to the existence of, terms, and current status of, any order issued
pursuant to this section.

(f) A court shall not have jurisdiction to issue an order or
injunction under this section, if that order or injunction would be
prohibited under Section 527.3 of the Code of Civil Procedure.

(g) An action brought pursuant to this section is independent of
any other action, remedy, or procedure that may be available to
an aggrieved individual under any other provision of law,
including, but not limited to, an action, remedy, or procedure
brought pursuant to Section 51.7.

(h) In addition to any damages, injunction, or other equitable
relief awarded in an action brought pursuant to subdivision (b),
the court may award the petitioner or plaintiff reasonable attorney’s
fees.

(i) A violation of an order described in subdivision (d) may be
punished either by prosecution under Section 422.77 of the Penal
Code, or by a proceeding for contempt brought pursuant to Title
5 (commencing with Section 1209) of Part 3 of the Code of Civil
Procedure. However, in any proceeding pursuant to the Code of
Civil Procedure, if it is determined that the person proceeded
against is guilty of the contempt charged, in addition to any other
relief, a fine may be imposed not exceeding one thousand dollars
($1,000), or the person may be ordered imprisoned in a county jail
not exceeding six months, or the court may order both the
imprisonment and fine.

(j) Speech alone is not sufficient to support an action brought
pursuant to subdivision (a) or (b), except upon a showing that the
speech itself threatens violence against a specific person or group
of persons; and the person or group of persons against whom the
threat is directed reasonably fears that, because of the speech,
violence will be committed against them or their property and that
the person threatening violence had the apparent ability to carry
out the threat.

(k) No order issued in any proceeding brought pursuant to
subdivision (a) or (b) shall restrict the content of any person’s
speech. An order restricting the time, place, or manner of any
person’s speech shall do so only to the extent reasonably necessary
to protect the peaceable exercise or enjoyment of constitutional or
statutory rights, consistent with the constitutional rights of the
person sought to be enjoined.