Bill Text: CA AB560 | 2015-2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Civil actions: immigration status.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Passed) 2015-08-10 - Chaptered by Secretary of State - Chapter 151, Statutes of 2015. [AB560 Detail]

Download: California-2015-AB560-Introduced.html

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BILL NUMBER: AB 560	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Gomez

                        FEBRUARY 23, 2015

   An act to add Section 3339.5 to the Civil Code, relating to civil
actions.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 560, as introduced, Gomez. Civil actions: immigration status.
   Existing law declares that all protections, rights, and remedies
available under state law are available to all individuals in the
state who have applied for employment or are employed, regardless of
immigration status, as specified. Existing law also declares, for the
purposes of enforcing state labor, employment, civil rights, and
employee housing laws, that a person's immigration status is
irrelevant to the issue of liability and that discovery into a person'
s immigration status is prohibited unless the person seeking to make
the inquiry has shown by clear and convincing evidence that the
inquiry is necessary to comply with federal immigration law.
   This bill would additionally provide that the immigration status
of a minor child seeking recovery under any applicable law is
irrelevant to the issues of liability or remedy and would prohibit
discovery into a minor child's immigration status, with specified
exceptions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 3339.5 is added to the Civil Code, to read:
   3339.5.  (a) The immigration status of a minor child seeking
recovery under any applicable law is irrelevant to the issues of
liability or remedy, except for employment-related prospective
injunctive relief that would directly violate federal law.
   (b) Discovery relating to a minor child's immigration status shall
not be permitted except where the minor child's claims place the
minor child's immigration status directly in contention or the person
seeking to make this inquiry has shown by clear and convincing
evidence that the inquiry is necessary in order to comply with
federal immigration law.
   (c) The provisions of this section are declaratory of existing
law.