Although most states have civil rights laws, few allow their attorney general to investigate and enforce them. States should grant their attorneys general this authority concurrent with their civil rights/human rights commissions.
Summary: AN ACT relating to civil rights investigations and enforcement by the Attorney General.
SECTION 1. Civil Rights Investigations and Enforcement by the Attorney General
- In addition to the authority granted to the [civil rights/human rights commission], the Attorney General may investigate potential violations of [state civil rights act] or may commence a civil action [in lower state court] against any person or persons who violate [state civil rights act], if the Attorney General has [reasonable cause/probable cause] to believe that any person or group of persons:
- Has engaged in a pattern or practice of discrimination or
- Has been discriminated against, and such discrimination raises an issue of general public importance.
- In investigating violations under this Section, the Attorney General may administer oaths and affirmations, subpoena witnesses or matter, and otherwise collect evidence. The Attorney General may institute a judicial proceeding to further an investigation or enforce compliance with any investigative demand under this Act, and the court shall advance and decide the matter as expeditiously as possible.
- In a civil action under this section, the Attorney General may seek the same remedies as provided in [insert section(s) related to civil rights/human rights commission enforcement]
- After the filing of any complaint under this section and before any responsive pleading is due, a defendant may request that a hearing be held within 30 days, at which hearing the court shall determine whether the Attorney General has [reasonable cause/probable cause] to believe that a pattern or practice of discrimination exists or that, as a result of discrimination, an issue of general public importance exists.
SECTION 2. Applicability and Effective Date
It is the intent of the Legislature that the authority to investigate and bring a cause of action and remedies provided in this Act for violations of the state’s civil rights laws applies retroactively to any conduct that was prohibited by the state’s civil rights laws at the time it occurred.
1 State should use the same standard that normally applies to enforcement of its civil rights laws.