California Senate Bill 747
Session 20252026
Civil rights: deprivation of federal constitutional rights, privileges, and immunities.
Active
Passed Senate on Jan 27, 2026
Origin Chamber
Senate
Type
Bill
Bill Number
747
State
California
Session
20252026
Ávila Farías
Coauthor
Gonzalez
Coauthor
Rubio
Coauthor
Motion Text
3rd Reading SB747 Wiener et al.
Senate Roll Call Votes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Summary
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.
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. That act requires the aforementioned actions to be filed in either the superior court for the county in which the conduct complained of occurred or in the superior court for the county in which a person whose conduct complained of resides or has their place of business (venue requirement) . 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 person 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 venue requirement and 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, and expert fees 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 a defense of absolute or qualified immunity 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.
02/21/25 - Introduced
February 21, 2025
03/24/25 - Amended Senate
March 24, 2025
05/01/25 - Amended Senate
May 1, 2025
09/12/25 - Amended Senate
September 12, 2025
01/05/26 - Amended Senate
January 5, 2026
01/22/26 - Amended Senate
January 22, 2026
04/22/25- Senate Committee on Labor, Public Employment and Retirement
April 22, 2025
04/25/25- Senate Judiciary
April 25, 2025
05/16/25- Senate Appropriations
May 16, 2025
05/26/25- Sen. Floor Analyses
May 26, 2025
01/10/26- Senate Judiciary
January 10, 2026
01/16/26- Senate Appropriations
January 16, 2026
01/22/26- Senate Appropriations
January 22, 2026
01/27/26- Sen. Floor Analyses
January 27, 2026
Sort by most recent
01/27/2026
Assembly
In Assembly. Read first time. Held at Desk.
01/27/2026
Senate
Read third time. Passed. (Ayes 30. Noes 10.) Ordered to the Assembly.
01/26/2026
Senate
Read second time. Ordered to third reading.
01/22/2026
Senate
Read second time and amended. Ordered to second reading.
01/22/2026
Senate
From committee: Do pass as amended. (Ayes 5. Noes 2.) (January 22).
01/21/2026
Senate
Set for hearing January 22.
01/20/2026
Senate
January 20 hearing: Placed on APPR. suspense file.
01/15/2026
Senate
Set for hearing January 20.
01/14/2026
Senate
From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 2.) (January 13). Re-referred to Com. on APPR.
01/06/2026
Senate
Set for hearing January 13.
01/05/2026
Senate
Re-referred to Coms. on JUD. and APPR.
01/05/2026
Senate
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
09/13/2025
Senate
Re-referred to Com. on RLS.
09/12/2025
Senate
Read second time and amended. Ordered to second reading.
09/12/2025
Senate
Ordered to second reading.
09/12/2025
Senate
From inactive file.
09/12/2025
Senate
Joint Rule 61(a)(13) suspended. (Ayes 28. Noes 8. Page 2999.)
06/05/2025
Senate
Ordered to inactive file on request of Senator Wiener.
05/23/2025
Senate
Read second time. Ordered to third reading.
05/23/2025
Senate
From committee: Do pass. (Ayes 5. Noes 1. Page 1211.) (May 23).
05/20/2025
Senate
Set for hearing May 23.
05/19/2025
Senate
May 19 hearing: Placed on APPR. suspense file.
05/09/2025
Senate
Set for hearing May 19.
05/01/2025
Senate
Read second time and amended. Re-referred to Com. on APPR.
04/30/2025
Senate
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 2. Page 943.) (April 29).
04/23/2025
Senate
Set for hearing April 29.
04/23/2025
Senate
From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 0. Page 870.) (April 23). Re-referred to Com. on JUD.
04/04/2025
Senate
Set for hearing April 23.
04/02/2025
Senate
Re-referred to Coms. on L., P.E. & R. and JUD.
03/24/2025
Senate
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
03/12/2025
Senate
Referred to Com. on RLS.
02/24/2025
Senate
Read first time.
02/24/2025
Senate
From printer. May be acted upon on or after March 24.
02/21/2025
Senate
Introduced. To Com. on RLS. for assignment. To print.
Sources
Record Created
Feb 22, 2025 6:02:37 AM
Record Updated
Jan 28, 2026 8:39:48 AM