Bill Text: CA SB404 | 2023-2024 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
marriage, marriage or domestic partnership, between a minor and another person is guilty of a misdemeanor and shall be punished by a fine of not less than five thousand dollars ($5,000) and imprisonment in a county jail for up to one year per incident.
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
Amended
IN
Senate
May 18, 2023 |
Amended
IN
Senate
March 22, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 404
Introduced by Senator Wahab |
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 to knowingly and willfully sanction or arrange a religious
union, or other secular nonlegally recognized marriage, 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 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) Any person who knowingly and willfully sanctions or arranges a religious union, or other secular nonlegally recognized(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 of the Family Code.