Existing law, the Ralph Civil Rights Act of 1976, affords all persons within the jurisdiction of this state the right to be free from any violence, or intimidation by threat of violence, committed against their persons or property because of political affiliation, any specified personal characteristic, or position in a labor dispute, or because another person perceives them to have one or more of those characteristics. Existing law specifies that whoever denies this right, or aids, incites, or conspires in that denial, is liable for each and every offense for the actual damages suffered by any person denied that right and, in addition, exemplary damages, a civil penalty of $25,000, and attorney's fees. Existing law authorizes a person claiming to be aggrieved by an alleged unlawful practice in violation of this right to also file a verified complaint with the Civil Rights Department. Existing law defines the phrase "intimidation by threat of violence" for purposes of this provision.
This bill would expand the definition of "intimidation by threat of violence" for purposes of these provisions to also include terrorizing the owner or occupant of private property with the distribution of materials on the private property, without authorization, with the purpose of terrorizing, as defined, the owner or occupant of that private property. The bill would prohibit speech alone from supporting an action brought pursuant to the Ralph Civil Rights Act of 1976 unless there is a showing that the speech itself threatens violence against a specific person or group of persons, the person or group of persons against whom the threat is directed reasonably fears that, because of the speech, violence will be committed against them or their property, and the person threatening violence is acting in reckless disregard for the threatening nature of their speech and has the apparent ability to carry out the threat. The bill would prohibit that restriction on speech alone supporting an action from being construed to negate or otherwise abrogate the requirements set forth in other specified provisions of the Ralph Civil Rights Act of 1976 to bring an action pursuant to that act.
This bill would declare that it is to take effect immediately as an urgency statute.

Statutes affected:
AB3024: 51.7 CIV
02/16/24 - Introduced: 3495 CIV
03/18/24 - Amended Assembly: 51.7 CIV, 51.7 CIV, 3495 CIV
04/03/24 - Amended Assembly: 51.7 CIV
04/22/24 - Amended Assembly: 51.7 CIV
06/10/24 - Amended Senate: 51.7 CIV
06/20/24 - Amended Senate: 51.7 CIV
08/19/24 - Amended Senate: 51.7 CIV
08/28/24 - Amended Senate: 51.7 CIV
09/05/24 - Enrolled: 51.7 CIV
09/25/24 - Chaptered: 51.7 CIV
AB 3024: 3495 CIV