Civil rights: deprivation of federal constitutional rights, privileges, and immunities.

Senator Wiener, joined by Senator Gonzalez, advances a reform of the Tom Bane Civil Rights Act that adds a civil penalty against government actors, enables private lawsuits for damages, widens enforcement venue, and introduces new protective-order procedures with immediate effect. The core aim is to modify the remedies and processes available to address deprivation of civil rights under both federal and California law, by pairing state-initiated and private remedies with enhanced enforcement tools.

Key mechanisms include a civil penalty of twenty-five thousand dollars per violator in actions brought by the Attorney General, district attorneys, or city attorneys; private individuals may sue for damages, injunctive relief, and other appropriate relief to address rights violations and patterns or practices. Liability remains anchored in actions under color of state or federal law. Venue for Attorney General actions would extend statewide, while private actions follow standard venue rules. Protective orders issued under this framework must include a crime-notice statement and be delivered to local law enforcement, with officers provided current terms and status to facilitate enforcement; orders are subject to service requirements and rapid law-enforcement notification.

The bill preserves a private right of action for damages and provides that the court may award reasonable attorney’s fees in actions seeking damages or related relief, with additional enforcement options for violations of orders, including potential criminal prosecution or contempt proceedings. Speech-related provisions maintain that speech alone is not sufficient for most claims, except under a narrow threat-based standard, and content restrictions on speech are prohibited beyond time, place, or manner limitations reasonably necessary to protect rights. Non-waiver of rights by contract is preserved, and immunity and indemnification provisions apply to actions involving public entities and their employees, with carve-outs related to peace officers.

Implementation details include severability and an urgency designation, making the provisions effective immediately. The expanded venue and enforcement machinery, along with the protective-order framework, would operate alongside existing civil-rights protections and would require coordination among courts, prosecutors, and law enforcement. The reform aligns with the Tom Bane Act framework while introducing new penalties, broader enforcement reach, and additional remedies, without establishing a new funding mechanism in the bill text. Stakeholders—plaintiffs, prosecutors, public defendants, law enforcement, and courts—would interact with an expanded set of remedies and procedures immediately upon enactment. Potential ambiguities include the scope of attorney’s fees for state actions and the administration of civil penalties across multiple violators, though severability mitigates broader constitutional concerns.