Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1684

Introduced by Assembly Member Mark Stone

January 20, 2016

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

LEGISLATIVE COUNSEL’S DIGEST

AB 1684, as amended, 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 begin delete 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, end delete begin insert law authorizes the Department of Fair Employment and Housing to receive, investigate, conciliate, mediate, and prosecute complaints alleging certain unlawful practices, end insert as specified.

This bill would further authorize the begin delete Attorney General, a district attorney, a city attorney, or the Department of Fair Employment and Housing to bring a civil action for end delete begin insert department to receive, investigate, conciliate, mediate, and prosecute complaints alleging, and bring civil actions for, end insert a victim of human trafficking, as described above. The bill begin delete 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 end delete would require begin delete the civil penalty, and end delete any damages awarded in a civil action brought by the begin delete department, end delete begin insert department end insert to be awarded to the victim of human trafficking. begin delete The bill would also authorize the department to receive, investigate, conciliate, mediate, and prosecute complaints alleging human trafficking. end delete

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

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

begin delete

SECTION 1.  

Section 52 of the Civil Code is amended to read:

52.  

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

(b) Whoever denies the right provided by Section 51.7 or 51.9,
or aids, incites, or conspires in that denial, or whoever violates
Section 236.1 of the Penal Code, is liable for each and every
offense for the actual damages suffered by any person denied that
right or harmed by that violation and, in addition, the following:

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

(2) A civil penalty of twenty-five thousand dollars ($25,000)
to be awarded to the person denied the right provided by Section
51.7 or harmed by a violation of Section 236.1 of the Penal Code
in any action brought by the person denied the right or harmed by
the violation, or by the Attorney General, a district attorney, or a
city attorney. An action for that penalty brought pursuant to Section
51.7 shall be commenced within three years of the alleged practice.

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

(c) Whenever there is reasonable cause to believe that any person
or group of persons is engaged in harmful conduct, or conduct of
resistance to the full enjoyment of any of the rights, described in
this section, and that conduct is of that nature and is intended to
cause that harm or deny the full exercise of those rights, the
Attorney General, any district attorney or city attorney, or any
person aggrieved by the conduct may bring a civil action in the
appropriate court by filing with it a complaint. The complaint shall
contain the following:

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

(2) The facts pertaining to the conduct.

(3) A request for preventive relief, including an application for
a permanent or temporary injunction, restraining order, or other
order against the person or persons responsible for the conduct, as
the complainant deems necessary to prevent the harm, or ensure
the full enjoyment of the rights, described in this section.

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

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

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

(g) This section does not 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 does this section 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.

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

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

end delete

begin delete SEC. 2. end delete
begin insert SECTION 1. end insert   

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.

(3) To receive, investigate, conciliate, mediate, and prosecute
complaints alleging, and to bring civil actions pursuant to Section
52.5 of the Civil Code for, a violation of Section 236.1 of the Penal
Code. Damages awarded in any action brought by the department
pursuant to Section 52.5 of the Civil Code shall be awarded to the
person harmed by the violation of Section 236.1 of the Penal Code.
Costs and attorney’s fees awarded in any action brought by the
department pursuant to Section 52.5 of the Civil Code shall be
awarded to the department. 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.

(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.