BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           2706 (Lowenthal)
          
          Hearing Date:  08/02/2010           Amended: 06/22/2010
          Consultant:  Jacqueline Wong-HernandezPolicy Vote: Judiciary 3-2
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          ____
          BILL SUMMARY: AB 2706 would specifically add homeless persons,  
          as defined, to the list of individuals protected from violence  
          and intimidation under the Ralph Civil Rights Act, thereby  
          providing civil remedies to homeless persons who are injured as  
          a result of such violence.
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          ____
                            Fiscal Impact (in thousands)

           Major Provisions               2010-11                 2011-12      
           2012-13                      Fund
           
          Increased claims/investigations        Minor and absorbable  
          workload increase       General*  

          *Department of Fair Employment and Housing (FEHA)
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          ____

          STAFF COMMENTS: 
          
          Existing law, under the Ralph Civil Rights Act, provides that  
          all persons within the jurisdiction of this state have the right  
          to be free from any violence, or intimidation by threat of  
          violence, committed against their persons or property because of  
          personal or other characteristics or statuses, such as political  
          affiliation, sex, race, color, religion, marital status, sexual  
          orientation, or position in a labor dispute. (Civ. Code Sec.  
          51.7.)

          State law further provides that a person who violates the Ralph  
          Civil Rights Act or aids, incites, or conspires in that act, is  
          liable for actual damages suffered by any person denied that  
          right, as well as a civil penalty and attorney's fees.  (Civ.  
          Code Sec. 52(b).) 

          This bill would add homeless persons, as defined, to the list of  










          individuals protected, and would allow them to seek damages from  
          others who violated their rights under the Ralph Civil Rights  
          Act. This could lead to a minor increase in civil litigation, to  
          the extent that new actions are pursued. 

          FEHA has the responsibility, under state law, to receive,  
          investigate, and conciliate complaints that an individual's  
          personal rights have been infringed upon in violation of various  
          laws including the Ralph Civil Rights Act. Enforcing the  
          provisions of this bill is unlikely to significantly increase  
          the number of investigations under FEHA jurisdiction in a given  
          year. Of the 19,512 FEHA investigations last year, only 35 were  
          related to the Ralph Civil Rights Act. The vast majority - more  
          than 18,000 - were employment investigations. In the past 10  
          years, Ralph Civil Rights Act violations have constituted  
          .01-.03% of all FEHA investigations in any year. Any additional  
          workload resulting from this bill will likely be very minor, and  
          absorbable within existing resources.