CaliforniaCivil rights: deprivation of federal constitutional rights, privileges, and immunities.
What it does
Under existing law, the Tom Bane Civil Rights Act (act), 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.
More detail
Under that act, an individual may also institute and prosecute in their own name and on their own behalf a civil action for damages, as described, for any resulting interference or attempt at interference of the individual's exercise or enjoyment of rights secured by the Constitution or laws of the United States or this state. The act authorizes the court to award the petitioner or plaintiff reasonable attorney's fees in addition to any damages, injunction, or other equitable relief awarded in these civil actions (attorney's fees authorization).
Existing federal law provides that every person who, under color of any statute, ordinance, regulation, custom, or usage, of any state, territory, or the District of Columbia, subjects or causes to be subjected any United States citizen or other person within the jurisdiction to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, is liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except as provided.
This bill would also provide that every natural person, as defined, who, under color of any law, statute, ordinance, regulation, custom, or usage, as defined, subjects or causes to be subjected any citizen of this state or any person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the United States Constitution, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except as specified. The bill would apply the aforementioned attorney's fees authorization, except as specified, to any action brought under these provisions. The bill would authorize a court, in its discretion, to also award costs, except as specified, to the prevailing plaintiff in any action brought under these provisions.
This bill would authorize a defendant in an action brought under these provisions to assert and receive the benefit of a defense of absolute or qualified immunity only to the same extent as a person sued under certain federal provisions under like circumstances, as specified, and would specify that nothing in these provisions is to be construed to waive or abrogate any defense of sovereign immunity otherwise available to a party, as specified. The bill would prohibit any civil action brought under these provisions from being commenced later than 2 years after the date that the cause of action accrues. The bill would make its provisions severable. The bill would specify that these provisions apply retroactively to March 1, 2025, as provided.
This bill would declare the intent of the Legislature in enacting these provisions.
This bill would declare that it is to take effect immediately as an urgency statute.
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Where it stands
- Introduced
- Passed Senate
- Passed Assembly
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Sep 29Chaptered by Secretary of State. Chapter 752, Statutes of 2026.Latest
- Sep 29Approved by the Governor Gavin Newsom.Became Law
- Sep 2Enrolled and presented to the Governor at 3 p.m.To Governor
- Aug 27Assembly amendments concurred in. (Ayes 30. Noes 10. Page 5994.) Ordered to engrossing and enrolling.Major
- Vote recorded Unfinished Business SB747 Wiener et al. Urgency Clause Concurrence. Result: pass.Upper
- Aug 27Urgency clause adopted.Major
- Aug 25In Senate. Concurrence in Assembly amendments pending.
- Vote recorded SB 747 Wiener Third Reading Urgency By Mark González. Result: pass.Lower
- Aug 25Read third time. Urgency clause adopted. Passed. (Ayes 57. Noes 19. Page 6479.) Ordered to the Senate.Passed Assembly
- Aug 17Read second time. Ordered to third reading.Minor
- Aug 13Read second time and amended. Ordered to second reading.Major
- Vote recorded Do pass as amended. Result: pass.Lower
- Aug 13From committee: Do pass as amended. (Ayes 11. Noes 4.) (August 13).Major
- Aug 13Assembly Rule 63 suspended.
- Jun 24June 24 set for first hearing. Placed on suspense file.
- Jun 10Read second time and amended. Re-referred to Com. on APPR.Major
- Jun 9From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 3.) (June 9).Major
- Vote recorded Do pass as amended and be re-referred to the Committee on [Appropriations]. Result: pass.Lower
- May 27From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.Major
- May 4Referred to Com. on JUD.Minor
- Jan 27In Assembly. Read first time. Held at Desk.Minor
- Vote recorded 3rd Reading SB747 Wiener et al. Result: pass.Upper
- Jan 27Read third time. Passed. (Ayes 30. Noes 10. Page 3301.) Ordered to the Assembly.Passed Senate
- Jan 26Read second time. Ordered to third reading.Minor
- Jan 22Read second time and amended. Ordered to second reading.Major
- Vote recorded Do pass as amended. Result: pass.Upper
- Jan 22From committee: Do pass as amended. (Ayes 5. Noes 2. Page 3270.) (January 22).Major
- Jan 21Set for hearing January 22.
- Jan 20January 20 hearing: Placed on APPR. suspense file.
- Vote recorded Placed on suspense file. Result: pass.Upper
- Jan 15Set for hearing January 20.
- Jan 14From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 2. Page 3214.) (January 13). Re-referred to Com. on APPR.Minor
- Jan 13
- Vote recorded Do pass, but first be re-referred to the Committee on [Appropriations]. Result: pass.Upper
- Jan 6Set for hearing January 13.
- Jan 5Re-referred to Coms. on JUD. and APPR.Minor
- Jan 5From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.Major
- 2025
- Sep 13Re-referred to Com. on RLS.Minor
- Sep 12Read second time and amended. Ordered to second reading.Major
- Sep 12Ordered to second reading.Minor
- Sep 12From inactive file.
- Sep 12Joint Rule 61(a)(13) suspended. (Ayes 28. Noes 8. Page 2999.)
- Jun 5Ordered to inactive file on request of Senator Wiener.
- May 23Read second time. Ordered to third reading.Minor
- Vote recorded Do pass. Result: pass.Upper
- May 23From committee: Do pass. (Ayes 5. Noes 1. Page 1211.) (May 23).Minor
- May 20Set for hearing May 23.
- May 19May 19 hearing: Placed on APPR. suspense file.
- Vote recorded Placed on suspense file. Result: pass.Upper
- May 9Set for hearing May 19.
- May 1Read second time and amended. Re-referred to Com. on APPR.Major
- Apr 30From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 2. Page 943.) (April 29).Major
- Apr 29
- Vote recorded Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]. Result: pass.Upper
- Apr 23Set for hearing April 29.
- Vote recorded Do pass, but first be re-referred to the Committee on [Judiciary]. Result: pass.Upper
- Apr 23From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 0. Page 870.) (April 23). Re-referred to Com. on JUD.Minor
- Apr 4Set for hearing April 23.
- Apr 2Re-referred to Coms. on L., P.E. & R. and JUD.Minor
- Mar 24From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.Major
- Mar 12Referred to Com. on RLS.Minor
- Feb 24Read first time.Minor
- Feb 24From printer. May be acted upon on or after March 24.
- Feb 21Introduced. To Com. on RLS. for assignment. To print.Introduced