Bill Text: CA SB404 | 2023-2024 | Regular Session | Amended
Bill Title: Prohibiting underage, unauthorized marriages.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Engrossed) 2023-09-01 - September 1 hearing: Held in committee and under submission. [SB404 Detail]
Download: California-2023-SB404-Amended.html
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Amended
IN
Assembly
June 29, 2023 |
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Amended
IN
Senate
May 18, 2023 |
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Amended
IN
Senate
March 22, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 404
| Introduced by Senator Wahab (Coauthors: Senators Blakespear, Gonzalez, Ochoa Bogh, and Rubio) |
February 09, 2023 |
An act to add Section 289.1 to the Penal Code, relating to underage marriage.
LEGISLATIVE COUNSEL'S DIGEST
SB 404, as amended, Wahab.
Prohibiting underage, unauthorized marriages.
Existing law provides various circumstances that constitute rape, including an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator where the person submits under the belief that the person committing the act is the victim’s spouse, and this belief is induced by artifice, pretense, or concealment practiced by the accused, with the intent to induce the belief. Existing law also makes it a misdemeanor to sexually assault certain animals for the purpose of gratifying the sexual desires of a person. Existing law makes it a crime to engage in certain types of conduct against a dependent adult or dependent person, including, among others, committing certain sexual acts upon a dependent person.
This bill would make it a misdemeanor for any person
person, 18 years of age or older, to knowingly and willfully sanction or arrange a religious
union, or other secular nonlegally recognized marriage or domestic partnership, solemnize a marriage or domestic partnership between a minor and another person. The bill would make a violation of these provisions punishable by a fine of not less than $5,000 and more than $1,000 or by imprisonment in a county jail for up to one year per incident. The bill would exclude a marriage or domestic partnership entered into after receiving a court order, as specified.
Because a violation of the provisions would be a crime, this bill would impose a state-mandated local program.
The California Constitution requires the
state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 289.1 is added to the Penal Code, to read:289.1.
(a)(b) This section does not apply to a marriage or domestic partnership entered into after receiving a court order pursuant to Section 297.1 or 304 302 of the Family Code.
(c) For the purposes of this section, “solemnize” has the same meaning as described in Section 400 of the Family Code.
