AB 2634, as amended, 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 expand the relief authorized to be sought by an individual in a civil action to include appropriate equitable and declaratory relief to eliminate a pattern or practice of interference, or attempts to interfere, as described.
begin insertThis bill would incorporate additional changes to Section 52.1 of the Civil Code proposed by AB 2617 that would become operative only if this bill and AB 2617 are both chaptered and this bill is chaptered last.
end insertVote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 52.1 of the Civil Code is amended to
2read:
(a) If a person or persons, whether or not acting under
4color of law, interferes by threats, intimidation, or coercion, or
5attempts to interfere by threats, intimidation, or coercion, with the
6exercise or enjoyment by any individual or individuals of rights
7secured by the Constitution or laws of the United States, or of the
8rights secured by the Constitution or laws of this state, the Attorney
9General, or any district attorney or city attorney may bring a civil
10action for injunctive and other appropriate equitable relief in the
11name of the people of the State of California, in order to protect
12the peaceable exercise or enjoyment of the right or rights secured.
13An action brought by the Attorney General, any district
attorney,
14or any city attorney may also seek a civil penalty of twenty-five
15
thousand dollars ($25,000). If this civil penalty is requested, it
16shall be assessed individually against each person who is
17determined to have violated this section and the penalty shall be
18awarded to each individual whose rights under this section are
19determined to have been violated.
20(b) Any individual whose exercise or enjoyment of rights
21secured by the Constitution or laws of the United States, or of
22rights secured by the Constitution or laws of this state, has been
23interfered with, or attempted to be interfered with, as described in
24subdivision (a), may institute and prosecute in his or her own name
25and on his or her own behalf a civil action for damages, including,
26but not limited to, damages under Section 52, injunctive relief,
27and other appropriate equitable relief to protect the peaceable
28exercise or enjoyment of
the right or rights secured, including
29appropriate equitable and declaratory relief to eliminate a pattern
30or practice of conduct as described in subdivision (a).
P3 1(c) An action brought pursuant to subdivision (a) or (b) may be
2filed either in the superior court for the county in which the conduct
3complained of occurred or in the superior court for the county in
4which a person whose conduct complained of resides or has his
5or her place of business. An action brought by the Attorney General
6pursuant to subdivision (a) also may be filed in the superior court
7for any county wherein the Attorney General has an office, and in
8that case, the jurisdiction of the court shall extend throughout the
9state.
10(d) If a court issues a temporary restraining order or a
11preliminary or
permanent injunction in an action brought pursuant
12to subdivision (a) or (b), ordering a defendant to refrain from
13conduct or activities, the order issued shall include the following
14statement: VIOLATION OF THIS ORDER IS A CRIME
15PUNISHABLE UNDER SECTION 422.77 OF THE PENAL
16CODE.
17(e) The court shall order the plaintiff or the attorney for the
18plaintiff to deliver, or the clerk of the court to mail, two copies of
19any order, extension, modification, or termination thereof granted
20pursuant to this section, by the close of the business day on which
21the order, extension, modification, or termination was granted, to
22each local law enforcement agency having jurisdiction over the
23residence of the plaintiff and any other locations where the court
24determines that acts of violence against the plaintiff are likely to
25occur. Those local law
enforcement agencies shall be designated
26by the plaintiff or the attorney for the plaintiff. Each appropriate
27law enforcement agency receiving any order, extension, or
28modification of any order issued pursuant to this section shall serve
29forthwith one copy thereof upon the defendant. Each appropriate
30law enforcement agency shall provide to any law enforcement
31officer responding to the scene of reported violence, information
32as to the existence of, terms, and current status of, any order issued
33pursuant to this section.
34(f) A court shall not have jurisdiction to issue an order or
35injunction under this section, if that order or injunction would be
36prohibited under Section 527.3 of the Code of Civil Procedure.
37(g) An action brought pursuant to this section is independent of
38any
other action, remedy, or procedure that may be available to
39an aggrieved individual under any other provision of law,
P4 1including, but not limited to, an action, remedy, or procedure
2brought pursuant to Section 51.7.
3(h) In addition to any damages, injunction, or other equitable
4relief awarded in an action brought pursuant to subdivision (b),
5the court may award the petitioner or plaintiff reasonable attorney’s
6fees.
7(i) A violation of an order described in subdivision (d) may be
8punished either by prosecution under Section 422.77 of the Penal
9Code, or by a proceeding for contempt brought pursuant to Title
105 (commencing with Section 1209) of Part 3 of the Code of Civil
11Procedure. However, in any proceeding pursuant to the Code of
12Civil Procedure, if it is determined that the person
proceeded
13against is guilty of the contempt charged, in addition to any other
14relief, a fine may be imposed not exceeding one thousand dollars
15($1,000), or the person may be ordered imprisoned in a county jail
16not exceeding six months, or the court may order both the
17imprisonment and fine.
18(j) Speech alone is not sufficient to support an action brought
19pursuant to subdivision (a) or (b), except upon a showing that the
20speech itself threatens violence against a specific person or group
21of persons; and the person or group of persons against whom the
22threat is directed reasonably fears that, because of the speech,
23violence will be committed against them or their property and that
24the person threatening violence had the apparent ability to carry
25out the threat.
26(k) No order
issued in any proceeding brought pursuant to
27subdivision (a) or (b) shall restrict the content of any person’s
28speech. An order restricting the time, place, or manner of any
29person’s speech shall do so only to the extent reasonably necessary
30to protect the peaceable exercise or enjoyment of constitutional or
31statutory rights, consistent with the constitutional rights of the
32person sought to be enjoined.
begin insertSection 52.1 of the end insertbegin insertCivil Codeend insertbegin insert is amended to read:end insert
(a) If a person or persons, whether or not acting under
35color of law, interferes bybegin delete threats,end deletebegin insert threat,end insert intimidation, or coercion,
36or attempts to interfere bybegin delete threats,end deletebegin insert threat,end insert intimidation, or coercion,
37with the exercise or enjoyment by any individual or individuals
38of rights secured by the Constitution or laws of the United States,
39or of the rights secured by the Constitution or laws of this state,
40the Attorney
General, or any district attorney or city attorney may
P5 1bring a civil action for injunctive and other appropriate equitable
2relief in the name of the people of the State of California, in order
3to protect the peaceable exercise or enjoyment of the right or rights
4secured. An action brought by the Attorney General, any district
5attorney, or any city attorney may also seek a civil penalty of
6twenty-five thousand dollars ($25,000). If this civil penalty is
7requested, it shall be assessed individually against each person
8who is determined to have violated this section and the penalty
9shall be awarded to each individual whose rights under this section
10are determined to have been violated.
11(b) Any individual whose exercise or enjoyment of rights
12secured by the Constitution or laws of the United States, or of
13rights secured by the Constitution or laws of this state, has been
14interfered with, or attempted to be interfered with, as described in
15
subdivision (a), may institute and prosecute in his or her own name
16and on his or her own behalf a civil action for damages, including,
17but not limited to, damages under Section 52, injunctive relief,
18and other appropriate equitable relief to protect the peaceable
19exercise or enjoyment of the right or rightsbegin delete secured.end deletebegin insert secured,
20including appropriate equitable and declaratory relief to eliminate
21a pattern or practice of conduct as described in subdivision (a).end insert
22(c) An action brought pursuant to subdivision (a) or (b) may be
23filed either in the superior court for the county in which the conduct
24complained of occurred or in the superior court for the county in
25which a person whose conduct complained of resides or has his
26or her place of business. An action
brought by the Attorney General
27pursuant to subdivision (a) also may be filed in the superior court
28for any county wherein the Attorney General has an office, and in
29that case, the jurisdiction of the court shall extend throughout the
30state.
31(d) If a court issues a temporary restraining order or a
32preliminary or permanent injunction in an action brought pursuant
33to subdivision (a) or (b), ordering a defendant to refrain from
34conduct or activities, the order issued shall include the following
35statement: VIOLATION OF THIS ORDER IS A CRIME
36PUNISHABLE UNDER SECTION 422.77 OF THE PENAL
37CODE.
38(e) The court shall order the plaintiff or the attorney for the
39plaintiff to deliver, or the clerk of the court to mail, two copies of
40any order, extension, modification, or termination thereof granted
P6 1pursuant to this section, by the close of the business day on which
2the order, extension,
modification, or termination was granted, to
3each local law enforcement agency having jurisdiction over the
4residence of the plaintiff and any other locations where the court
5determines that acts of violence against the plaintiff are likely to
6occur. Those local law enforcement agencies shall be designated
7by the plaintiff or the attorney for the plaintiff. Each appropriate
8law enforcement agency receiving any order, extension, or
9modification of any order issued pursuant to this section shall serve
10forthwith one copy thereof upon the defendant. Each appropriate
11law enforcement agency shall provide to any law enforcement
12officer responding to the scene of reported violence, information
13as to the existence of, terms, and current status of, any order issued
14pursuant to this section.
15(f) A court shall not have jurisdiction to issue an order or
16injunction under this section, if that order or injunction would be
17prohibited under Section 527.3 of the
Code of Civil Procedure.
18(g) An action brought pursuant to this section is independent of
19any other action, remedy, or procedure that may be available to
20an aggrieved individual under any other provision of law,
21including, but not limited to, an action, remedy, or procedure
22brought pursuant to Section 51.7.
23(h) In addition to any damages, injunction, or other equitable
24relief awarded in an action brought pursuant to subdivision (b),
25the court may award the petitioner or plaintiff reasonable attorney’s
26fees.
27(i) A violation of an order described in subdivision (d) may be
28punished either by prosecution under Section 422.77 of the Penal
29Code, or by a proceeding for contempt brought pursuant to Title
305 (commencing with Section 1209) of Part 3 of the Code of Civil
31Procedure. However, in any proceeding pursuant to the Code
of
32Civil Procedure, if it is determined that the person proceeded
33against is guilty of the contempt charged, in addition to any other
34relief, a fine may be imposed not exceeding one thousand dollars
35($1,000), or the person may be ordered imprisoned in a county jail
36not exceeding six months, or the court may order both the
37imprisonment and fine.
38(j) Speech alone is not sufficient to support an action brought
39pursuant to subdivision (a) or (b), except upon a showing that the
40speech itself threatens violence against a specific person or group
P7 1of persons; and the person or group of persons against whom the
2threat is directed reasonably fears that, because of the speech,
3violence will be committed against them or their property and that
4the person threatening violence had the apparent ability to carry
5out the threat.
6(k) No order issued in any proceeding brought pursuant to
7subdivision
(a) or (b) shall restrict the content of any person’s
8speech. An order restricting the time, place, or manner of any
9person’s speech shall do so only to the extent reasonably necessary
10to protect the peaceable exercise or enjoyment of constitutional or
11statutory rights, consistent with the constitutional rights of the
12person sought to be enjoined.
13(l) The rights, penalties, remedies, forums, and procedures of
14this section shall not be waived by contract except as provided in
15Section 51.7.
Section 1.5 of this bill incorporates amendments to
17Section 52.1 of the Civil Code proposed by both this bill and
18Assembly Bill 2617. It shall only become operative if (1) both bills
19are enacted and become effective on or before January 1, 2015,
20(2) each bill amends Section 52.1 of the Civil Code, and (3) this
21bill is enacted after Assembly Bill 2617, in which case Section 1
22of this bill shall not become operative.
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