§ 123469. — 123469. (Added by Stats. 2022, Ch. 629, Sec. 9.)

California § 123469.

• Jurisdiction: California
• Code HSC: Health and Safety Code - HSC
• Div. 106.: DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT)
• Part 2.: PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH
• Ch. 2.: CHAPTER 2. Maternal Health
• Art. 2.5.: ARTICLE 2.5. Reproductive Privacy Act

Text

(a)
A party whose reproductive rights are protected by this article and whose reproductive rights are interfered with by conduct or by a statute, ordinance, or other state or local rule, regulation, or enactment in violation of this article may bring a civil action against an offending state actor in a state superior court.
(b)
Whoever denies a right protected by this article, 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, all of the following:
(1)
An amount to be determined by a jury, or
a court sitting without a jury, for exemplary damages.
(2)
A civil penalty of twenty-five thousand dollars ($25,000), to be awarded to the person denied the right protected by this article.
(3)
Preventive relief, including permanent or temporary injunction, restraining order, or other order against the person or persons responsible for the conduct, as the complainant deems necessary to ensure the full enjoyment of the rights described in this article.
(4)
Upon a motion, a court shall award reasonable attorney’s fees and costs, including expert witness fees and other litigation expenses, to a plaintiff who is a prevailing party in an action brought pursuant to this section. In awarding reasonable attorney’s fees,
the court shall consider the degree to which the relief obtained relates to the relief sought.
(c)
An action under subdivision (b) shall be commenced within three years of the alleged practice violation of this article.
(d)
(1)
A party aggrieved by conduct or regulation in violation of this article may also bring a civil action pursuant to Section 52.1 of the Civil Code. Notwithstanding Section 821.6 of the Government Code, a civil action pursuant to Section 52.1 of the Civil Code may be based upon instituting or prosecuting any judicial or administrative proceeding in violation of this article.
(2)
For purpose of establishing liability pursuant to this subdivision, the criminal investigation, arrest, or
prosecution, or threat of investigation, arrest, or prosecution, of a person with respect to their pregnancy or actual, potential, or alleged pregnancy outcome, constitutes “threat, intimidation, or coercion” pursuant to Section 52.1 of the Civil Code.
(e)
Sections 825, 825.2, 825.4, and 825.6 of the Government Code, providing for indemnification of an employee or former employee of a public entity, apply to any cause of action brought under this section against an employee or former employee of a public entity.

Legislative History

Added by Stats. 2022, Ch. 629, Sec. 9. (AB 2223) Effective January 1, 2023.