Conspiracy against trade: punishment.

Senator Hurtado's proposal to modify California's Cartwright Act introduces steeper penalties for trade conspiracy violations, raising maximum corporate fines from $1 million to $6 million and extending individual prison terms to up to five years. The legislation also increases individual monetary penalties from $250,000 to $1 million.

The bill establishes a new civil penalty framework allowing courts to assess additional fines up to $1 million per violation. When determining these penalties, courts must evaluate factors including the violation's severity, duration, and willfulness, along with the defendant's financial status and level of cooperation during investigations. These civil actions can only be pursued by the Attorney General or district attorneys, with proceeds allocated between state and county treasuries based on prosecution jurisdiction.

Under the amended code, penalties can be imposed cumulatively with other available remedies under state law. The legislation maintains the existing four-year statute of limitations for bringing enforcement actions and preserves current provisions for calculating additional fines based on illegal profits or losses caused by violations. Local agencies affected by increased jail terms would receive state reimbursement for associated costs, pending review by the Commission on State Mandates.