California Legislature—2015–16 Regular Session

Assembly BillNo. 1684


Introduced by Assembly Member Mark Stone

January 20, 2016


An act to amend Section 52 of the Civil Code, and to amend Section 12930 of the Government Code, relating to civil actions.

LEGISLATIVE COUNSEL’S DIGEST

AB 1684, as introduced, Mark Stone. Civil actions: human trafficking.

Existing law authorizes a victim of human trafficking, as defined, to bring a civil action for actual damages, compensatory damages, punitive damages, injunctive relief, any combination of those, or any other appropriate relief, as specified. Existing law, whenever there is reasonable cause to believe that a person is engaged in conduct of resistance to the full enjoyment of certain civil rights, also authorizes the Attorney General, any district attorney or city attorney, or any person aggrieved by the conduct to bring a civil action in the appropriate court, as specified.

This bill would further authorize the Attorney General, a district attorney, a city attorney, or the Department of Fair Employment and Housing to bring a civil action for a victim of human trafficking, as described above. The bill would provide that a person that commits human trafficking is also liable for a $25,000 civil penalty, regardless of whether the action is brought by the victim, the Attorney General, a district attorney, or a city attorney, and would require the civil penalty, and any damages awarded in a civil action brought by the department, to be awarded to the victim of human trafficking. The bill would also authorize the department to receive, investigate, conciliate, mediate, and prosecute complaints alleging human trafficking.

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

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

P2    1

SECTION 1.  

Section 52 of the Civil Code is amended to read:

2

52.  

(a) Whoever denies, aids or incites a denial, or makes any
3discrimination or distinction contrary to Section 51, 51.5, or 51.6,
4is liable for each and every offense for the actual damages, and
5any amount that may be determined by a jury, or a court sitting
6without a jury, up to a maximum of three times the amount of
7actual damage but in no case less than four thousand dollars
8($4,000), and any attorney’s fees that may be determined by the
9court in addition thereto, suffered by any person denied the rights
10provided in Section 51, 51.5, or 51.6.

11(b) Whoever denies the right provided by Section 51.7 or 51.9,
12or aids, incites, or conspires in that denial,begin insert or whoever violates
13Section 236.1 of the Penal Code,end insert
is liable for each and every
14offense for the actual damages suffered by any person denied that
15rightbegin insert or harmed by that violationend insert and, in addition, the following:

16(1) An amount to be determined by a jury, or a court sitting
17without a jury, for exemplary damages.

18(2) A civil penalty of twenty-five thousand dollars ($25,000)
19to be awarded to the person denied the right provided by Section
2051.7begin insert or harmed by a violation of Section 236.1 of the Penal Codeend insert
21 in any action brought by the person denied thebegin delete right,end deletebegin insert right or
22harmed by the violation,end insert
or by the Attorney General, a district
23attorney, or a city attorney. An action for that penalty brought
24pursuant to Section 51.7 shall be commenced within three years
25of the alleged practice.

26(3) Attorney’s fees as may be determined by the court.

27(c) Whenever there is reasonable cause to believe that any person
28or group of persons is engaged inbegin insert harmful conduct, orend insert conduct of
29resistance to the full enjoyment of any of thebegin delete rightsend deletebegin insert rights,end insert
30 described in this section, and that conduct is of that nature and is
31intended tobegin insert cause that harm orend insert deny the full exercise of those
32rights, the Attorney General, any district attorney or city attorney,
33or any person aggrieved by the conduct may bring a civil action
34in the appropriate court by filing with it a complaint. The complaint
35shall contain the following:

P3    1(1) The signature of the officer, or, in his or her absence, the
2individual acting on behalf of the officer, or the signature of the
3person aggrieved.

4(2) The facts pertaining to the conduct.

5(3) A request for preventive relief, including an application for
6a permanent or temporary injunction, restraining order, or other
7order against the person or persons responsible for the conduct, as
8the complainant deems necessary tobegin insert prevent the harm, orend insert ensure
9the full enjoyment of thebegin delete rightsend deletebegin insert rights,end insert described in this section.

10(d) Whenever an action has been commenced in any court
11seeking relief from the denial of equal protection of the laws under
12the Fourteenth Amendment to the Constitution of the United States
13on account of race, color, religion, sex, national origin, or disability,
14the Attorney General or any district attorney or city attorney for
15or in the name of the people of the State of California may
16intervene in the action upon timely application if the Attorney
17General or any district attorney or city attorney certifies that the
18case is of general public importance. In that action, the people of
19the State of California shall be entitled to the same relief as if it
20had instituted the action.

21(e) Actions brought pursuant to this section are independent of
22any other actions, remedies, or procedures that may be available
23to an aggrieved party pursuant to any other law.

24(f) Any person claiming to be aggrieved by an alleged unlawful
25practice in violation of Section 51 or 51.7 may also file a verified
26complaint with the Department of Fair Employment and Housing
27pursuant to Section 12948 of the Government Code.

28(g) This section does not require any construction, alteration,
29repair, structural or otherwise, or modification of any sort
30whatsoever, beyond that construction, alteration, repair, or
31modification that is otherwise required by other provisions of law,
32to any new or existing establishment, facility, building,
33improvement, or any other structure, nor does this section augment,
34restrict, or alter in any way the authority of the State Architect to
35require construction, alteration, repair, or modifications that the
36State Architect otherwise possesses pursuant to other laws.

37(h) For the purposes of this section, “actual damages” means
38special and general damages. This subdivision is declaratory of
39existing law.

P4    1(i) Subdivisions (b) to (f), inclusive, shall not be waived by
2contract except as provided in Section 51.7.

3

SEC. 2.  

Section 12930 of the Government Code is amended
4to read:

5

12930.  

The department shall have the following functions,
6powers, and duties:

7(a) To establish and maintain a principal office and any other
8offices within the state as are necessary to carry out the purposes
9of this part.

10(b) To meet and function at any place within the state.

11(c) To appoint attorneys, investigators, conciliators, mediators,
12and other employees as it may deem necessary, fix their
13compensation within the limitations provided by law, and prescribe
14their duties.

15(d) To obtain upon request and utilize the services of all
16governmental departments and agencies and, in addition, with
17respect to housing discrimination, of conciliation councils.

18(e) To adopt, promulgate, amend, and rescind suitable procedural
19rules and regulations to carry out the investigation, prosecution,
20and dispute resolution functions and duties of the department
21pursuant to this part.

22(f) (1) To receive, investigate, conciliate, mediate, and prosecute
23complaints alleging practices made unlawful pursuant to Chapter
246 (commencing with Section 12940).

25(2) To receive, investigate, conciliate, mediate, and prosecute
26complaints alleging a violation of Section 51, 51.5, 51.7, 54, 54.1,
27or 54.2 of the Civil Code. The remedies and procedures of this
28part shall be independent of any other remedy or procedure that
29might apply.

begin insert

30(3) To receive, investigate, conciliate, mediate, and prosecute
31complaints alleging, and to bring civil actions pursuant to Section
3252.5 of the Civil Code for, a violation of Section 236.1 of the Penal
33Code. Damages awarded in any action brought by the department
34pursuant to Section 52.5 of the Civil Code shall be awarded to the
35person harmed by the violation of Section 236.1 of the Penal Code.
36Costs and attorney’s fees awarded in any action brought by the
37department pursuant to Section 52.5 of the Civil Code shall be
38awarded to the department. The remedies and procedures of this
39part shall be independent of any other remedy or procedure that
40might apply.

end insert

P5    1(g) In connection with any matter under investigation or in
2question before the department pursuant to a complaint filed under
3Section 12960, 12961, or 12980:

4(1) To issue subpoenas to require the attendance and testimony
5of witnesses and the production of books, records, documents, and
6physical materials.

7(2) To administer oaths, examine witnesses under oath and take
8evidence, and take depositions and affidavits.

9(3) To issue written interrogatories.

10(4) To request the production for inspection and copying of
11books, records, documents, and physical materials.

12(5) To petition the superior courts to compel the appearance
13and testimony of witnesses, the production of books, records,
14documents, and physical materials, and the answering of
15interrogatories.

16(h) To bring civil actions pursuant to Section 12965 or 12981
17and to prosecute those civil actions before state and federal trial
18courts.

19(i) To issue those publications and those results of investigations
20and research as in its judgment will tend to promote good will and
21minimize or eliminate discrimination in employment on the bases
22enumerated in this part and discrimination in housing because of
23race, religious creed, color, sex, gender, gender identity, gender
24expression, marital status, national origin, ancestry, familial status,
25disability, genetic information, or sexual orientation.

26(j) To investigate, approve, certify, decertify, monitor, and
27enforce nondiscrimination programs proposed by a contractor to
28be engaged in pursuant to Section 12990.

29(k) To render annually to the Governor and to the Legislature
30a written report of its activities and of its recommendations.

31(l) To conduct mediations at any time after a complaint is filed
32pursuant to Section 12960, 12961, or 12980. The department may
33end mediation at any time.

34(m) The following shall apply with respect to any accusation
35pending before the former Fair Employment and Housing
36Commission on or after January 1, 2013:

37(1) If an accusation issued under former Section 12965 includes
38a prayer either for damages for emotional injuries as a component
39of actual damages, or for administrative fines, or both, or if an
40accusation is amended for the purpose of adding a prayer either
P6    1for damages for emotional injuries as a component of actual
2damages, or for administrative fines, or both, with the consent of
3the party accused of engaging in unlawful practices, the department
4may withdraw an accusation and bring a civil action in superior
5court.

6(2) If an accusation was issued under former Section 12981,
7with the consent of the aggrieved party filing the complaint an
8aggrieved person on whose behalf a complaint is filed, or the party
9accused of engaging in unlawful practices, the department may
10withdraw the accusation and bring a civil action in superior court.

11(3) Where removal to court is not feasible, the department shall
12retain the services of the Office of Administrative Hearings to
13adjudicate the administrative action pursuant to Sections 11370.3
14and 11502.

15(n) On any Section 1094.5 Code of Civil Procedure challenge
16to a decision of the former Fair Employment and Housing
17Commission pending on or after January 1, 2013, the director or
18his or her designee shall consult with the Attorney General
19regarding the defense of that writ petition.



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