Article
11. Enforcement of the Reproductive Privacy Act
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For purposes of this article, “Reproductive Privacy Act” shall mean the Reproductive Privacy Act (Article 2.5 (commencing with Section 123460) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code).12671.
(a) If it appears to the Attorney General that a person has engaged, or is about to engage, in any act or practice constituting a violation of the Reproductive Privacy Act, the Attorney General may, in their discretion, bring an action in the name of the people of the State of California in the superior court to enjoin the acts or practice or to enforce compliance with the Reproductive Privacy Act. Upon a proper showing, a permanent or preliminary injunction, restraining order, or writ of mandate shall be granted by the court. No action at law or in equity may be maintained by any party against the Attorney General because they exercise the powers described in this subdivision.(b) If the Attorney General determines that it is in the public
interest, they may include in any action authorized by subdivision (a) a claim for ancillary relief, including, but not limited to, a claim for restitution or disgorgement, or damages on behalf of the persons injured by the act or practice constituting the subject matter of the action, and the court shall have jurisdiction to award additional relief.
(c) If a defendant is ordered by the court to pay restitution to a victim, the court may require the payment as a money judgment in its order, which shall be enforceable in the same manner as is provided for the enforcement of any other money judgment. Any order issued under this subdivision shall contain provisions that are designed to achieve a fair and orderly satisfaction of the judgment.
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(a) The Attorney General, in their discretion, may take any of the following actions:(1) Make public or private investigations within or outside of this state that the Attorney General deems necessary to determine whether any person has violated or is about to violate the Reproductive Privacy Act or to aid in the enforcement of these laws.
(2) Publish information concerning any violation of the Reproductive Privacy Act.
(b) For the purpose of any investigation or proceeding pursuant to the Reproductive Privacy Act, the Attorney General, or any officer designated by them, may administer oaths and affirmations,
subpoena witnesses, compel their attendance, take evidence, and require the production of books, papers, correspondence, memoranda, agreements, or other documents or records that they deem relevant or material to the inquiry.
(c) If any person refuses to obey a subpoena issued to them pursuant to this section, the superior court, upon application by the Attorney General, may issue to the person an order requiring them to appear before the Attorney General, or the officer designated by the Attorney General, to produce documentary evidence or to give evidence touching the matter under investigation or in question. Failure to obey the order of the court may be punished by the court as contempt.
(d) (1) No person is excused from attending and testifying, or from producing any document or record before the Attorney General, or from obedience to the subpoena of the
Attorney General, or any officer designated by them, in any proceeding instituted by the Attorney General, on the ground that the testimony or evidence, documentary or otherwise, required of the person may tend to incriminate the person or subject the person to a penalty or forfeiture.
(2) No person may be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which the individual is compelled, after validly claiming the individual’s privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that a person who testifies is not exempt from prosecution and punishment for perjury or contempt committed in testifying.
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(a) Any person or governmental entity that violates any provision of the Reproductive Privacy Act shall be liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000) for each violation, that shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General in any court of competent jurisdiction.(b) The court shall impose a civil penalty for each violation of this article. In assessing the amount of the civil penalty, the court shall consider any one or more of the relevant circumstances presented by any of the parties to the case, including, but not limited to, the following: the nature and seriousness of the misconduct, the number of violations, the
persistence of the misconduct, the length of time over which the misconduct occurred, the willfulness of the defendant’s misconduct, and the defendant’s assets, liabilities, and net worth.
(c) As applied to the penalties for acts in violation of the Reproductive Privacy Act, the remedies provided by this section and by other sections of this article are not exclusive, and may be sought and employed in any combination to enforce the provisions of this article.
(d) (1) Any person or entity that violates this section is liable for any costs, fees, and civil penalties. Costs, fees, and civil penalties collected pursuant to this section shall be paid to the office of the Attorney General.
(2) The aforementioned funds shall be available upon appropriation by the Legislature for exclusive use by the
Attorney General for enforcement of Reproductive Privacy Act.
(e) No action shall be maintained to enforce any liability created under subdivision (a) unless brought before the expiration of four years after the act or transaction constituting the violation.
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Nothing in this article shall be construed as a limitation on the powers of the Attorney General pursuant to this chapter or any other law administered by the Attorney General.