SB 819

This bill makes it a violation of an individual's civil rights for a government entity, official, employee, or agent to infringe upon or deny an ind ividual the full exercise and enjoyment of any right recognized and protected by the constitution of this state or any right recognized and protected by the Second Amendment to the United States Constitution. This bill authorizes a violation to be enforc ed by a civil action brought in the county in which the action arose. A violation by a government official, employee, or agent may also be punished as official oppression. A government entity, official, employee, or agent who violates this bill is liabl e for (i) the actual damages caused by the violation or statutory damages of $250 per each day of the violation, whichever is greater, (ii) punitive damages to be determined by the trier of fact, and (iii) reasonable attorney's fees and court costs. Addit i onally, a knowing or willful violation by a government official constitutes grounds for ouster. This bill authorizes a government entity, official, employee, or agent who commits an act or engages in any pattern or practice in violation of this bill to b e enjoined from further violations by a court of competent jurisdiction. Under this bill, an action for an injunction may be brought by (i) a person whose rights have been violated, (ii) an entity that engages in advocacy for the protection and furtheranc e of the rights protected by this bill, or (iii) any other person or entity that will fairly and adequately represent the interests of those whose rights are protected by the state or federal constitutions . This bill provides that i t is not a violation f or a government entity, official, employee, or agent to enforce laws or regulations within the scope of the entity's, official's, employee's, or agent's authority unless the law or regulation has been determined by a court to violate either the state cons t itution or United States Constitution. Further, this bill does not preclude any person or entity from seeking any remedies, penalties, or procedures as otherwise provided by law.