Existing California law, through the Tom Bane Civil Rights Act, provides a civil remedy when a person interferes, through threats, intimidation, or coercion, with rights secured by the United States or California Constitutions or laws. Federal law, principally 42 U.S.C. section 1983, separately provides a cause of action against persons acting under color of state law who deprive individuals of federal constitutional rights.
SB 747 creates a new cause of action under California law for violations of constitutional rights. SB 747 makes a person who, under color of law, deprives a California citizen or person within the state’s jurisdiction of rights, privileges, or immunities secured by the United States Constitution liable to the injured party. SB 747 permits a prevailing plaintiff, in the court’s discretion, to recover attorney’s fees and costs, incorporates the same absolute- and qualified-immunity defenses available under section 1983, and imposes a two-year limitations period on such claims. SB 747 applies retroactively to constitutional violations occurring on or after March 1, 2025, subject to specified limitations on damages for pre-effective-date conduct.
SB 747 took effect immediately as an urgency statute.
SB 747 adds Section 53.8, known as the “No Kings Act,” to the Civil Code.
