BILL NUMBER: AB 1684 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 17, 2016
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 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 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, law
authorizes the Department of Fair Employment and Housing to receive,
investigate, conciliate, mediate, and prosecute complaints alleging
certain unlawful practices, 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
department to receive, investigate, conciliate, mediate, and
prosecute complaints alleging, and bring civil actions 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, 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:
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.
SEC. 2. SECTION 1. 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.