Bill Text: CA SB1285 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Education employment.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2010-08-30 - From committee with author's amendments. Read second time. Amended. Re-referred to Com. on RULES. [SB1285 Detail]

Download: California-2009-SB1285-Amended.html

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BILL NUMBER: SB 1285	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 29, 2010

INTRODUCED BY   Senator Steinberg

                        FEBRUARY 19, 2010

   An act to amend Section  51   52.5  of
the Civil Code, relating to civil rights.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1285, as amended, Steinberg.  Unruh Civil Rights Act.
  Human trafficking.  
   Existing law permits a victim of human trafficking to bring a
civil action for actual damages and provides for an award of punitive
damages, as provided, upon proof of the defendant's malice,
oppression, fraud, or duress in committing the act of trafficking.
 
   This bill would instead provide that punitive damages may be
awarded upon clear and convincing evidence of the defendant's malice,
oppression, fraud, or duress in committing the act of trafficking.
 
   The Unruh Civil Rights Act generally prohibits business
establishments from discriminating on the basis of sex, race, color,
religion, ancestry, national origin, disability, medical condition,
marital status, or sexual orientation.  
   This bill would make a technical, nonsubstantive change to these
provisions. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 52.5 of the   Civil
Code   is amended to read: 
   52.5.  (a) A victim of human trafficking, as defined in Section
236.1 of the Penal Code, may bring a civil action for actual damages,
compensatory damages, punitive damages, injunctive relief, any
combination of those, or any other appropriate relief. A prevailing
plaintiff may also be awarded attorney's fees and costs.
   (b) In addition to the remedies specified herein, in any action
under subdivision (a), the plaintiff may be awarded up to three times
his or her actual damages or ten thousand dollars ($10,000),
whichever is greater. In addition, punitive damages may also be
awarded upon  proof   clear and convincing
evidence  of the defendant's malice, oppression, fraud, or
duress in committing the act of human trafficking.
   (c) An action brought pursuant to this section shall be commenced
within five years of the date on which the trafficking victim was
freed from the trafficking situation, or if the victim was a minor
when the act of human trafficking against the victim occurred, within
eight years after the date the plaintiff attains the age of
majority.
   (d) If a person entitled to sue is under a disability at the time
the cause of action accrues, so that it is impossible or
impracticable for him or her to bring an action, then the time of the
disability is not part of the time limited for the commencement of
the action. Disability will toll the running of the statute of
limitation for this action.
   (1) Disability includes being a minor, insanity, imprisonment, or
other incapacity or incompetence.
   (2) The statute of limitations shall not run against an
incompetent or minor plaintiff simply because a guardian ad litem has
been appointed. A guardian ad litem's failure to bring a plaintiff's
action within the applicable limitation period will not prejudice
the plaintiff's right to do so after his or her disability ceases.
   (3) A defendant is estopped to assert a defense of the statute of
limitations when the expiration of the statute is due to conduct by
the defendant inducing the plaintiff to delay the filing of the
action, or due to threats made by the defendant causing duress upon
the plaintiff.
   (4) The suspension of the statute of limitations due to
disability, lack of knowledge, or estoppel applies to all other
related claims arising out of the trafficking situation.
   (5) The running of the statute of limitations is postponed during
the pendency of any criminal proceedings against the victim.
   (e) The running of the statute of limitations may be suspended
where a person entitled to sue could not have reasonably discovered
the cause of action due to circumstances resulting from the
trafficking situation, such as psychological trauma, cultural and
linguistic isolation, and the inability to access services.
   (f) A prevailing plaintiff may also be awarded reasonable attorney'
s fees and litigation costs including, but not limited to, expert
witness fees and expenses as part of the costs.
   (g) Any restitution paid by the defendant to the victim shall be
credited against any judgment, award, or settlement obtained pursuant
to this section. Any judgment, award, or settlement obtained
pursuant to an action under this section shall be subject to the
provisions of Section 13963 of the Government Code.
   (h) Any civil action filed under this section shall be stayed
during the pendency of any criminal action arising out of the same
occurrence in which the claimant is the victim. As used in this
section, a "criminal action" includes investigation and prosecution,
and is pending until a final adjudication in the trial court, or
dismissal. 
  SECTION 1.    Section 51 of the Civil Code is
amended to read:
   51.  (a) This section shall be known, and may be cited, as the
Unruh Civil Rights Act.
   (b) All persons within the jurisdiction of this state are free and
equal, and no matter what their sex, race, color, religion,
ancestry, national origin, disability, medical condition, marital
status, or sexual orientation are entitled to the full and equal
accommodations, advantages, facilities, privileges, or services in
all business establishments of every kind whatsoever.
   (c) This section shall not be construed to confer any right or
privilege on a person that is conditioned or limited by law or that
is applicable alike to persons of every sex, color, race, religion,
ancestry, national origin, disability, medical condition, marital
status, or sexual orientation.
   (d) Nothing in this section shall be construed to 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 shall
anything in this section be construed to 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.
   (e) For purposes of this section:
   (1) "Disability" means any mental or physical disability as
defined in Sections 12926 and 12926.1 of the Government Code.
   (2) "Medical condition" has the same meaning as defined in
subdivision (h) of Section 12926 of the Government Code.
   (3) "Religion" includes all aspects of religious belief,
observance, and practice.
   (4) "Sex" has the same meaning as defined in subdivision (p) of
Section 12926 of the Government Code.
   (5) "Sex, race, color, religion, ancestry, national origin,
disability, medical condition, marital status, or sexual orientation"
includes a perception that the person has any particular
characteristic or characteristics within the listed categories or
that the person is associated with a person who has, or is perceived
to have, any particular characteristic or characteristics within the
listed categories.
   (6) "Sexual orientation" has the same meaning as defined in
subdivision (q) of Section 12926 of the Government Code.
   (f) A violation of the right of any person under the Americans
with Disabilities Act of 1990 (Public Law 101-336) shall also
constitute a violation of this section.