Bill Text: CA AB223 | 2023-2024 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Change of gender and sex identifier.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Passed) 2023-09-23 - Chaptered by Secretary of State - Chapter 221, Statutes of 2023. [AB223 Detail]
Download: California-2023-AB223-Introduced.html
Bill Title: Change of gender and sex identifier.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Passed) 2023-09-23 - Chaptered by Secretary of State - Chapter 221, Statutes of 2023. [AB223 Detail]
Download: California-2023-AB223-Introduced.html
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 223
Introduced by Assembly Member Ward |
January 10, 2023 |
An act to add Section 103447 to the Health and Safety Code, relating to vital records.
LEGISLATIVE COUNSEL'S DIGEST
AB 223, as introduced, Ward.
Change of gender and sex identifier.
Existing law authorizes a person to file a petition with the superior court seeking a judgment recognizing their change of gender to female, male, or nonbinary, including a person who is under 18 years of age. Existing law authorizes a person to file a single petition to simultaneously change the petitioner’s name and recognize the change to the petitioner’s gender and sex identifier, as specified.
This bill would require any petition for a change of gender and sex identifier or a petition for change of gender, sex identifier, and name filed by a person under 18 years of age, and any papers associated with the proceeding, to be filed under seal.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of
public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 103447 is added to the Health and Safety Code, to read:103447.
If a person who seeks a change of gender and sex identifier pursuant to Section 103430 or a single petition for change to the petitioner’s name and to recognize the change of the petitioner’s gender and sex identifier pursuant to Section 103435 is under 18 years of age, the petition and any papers associated with the proceeding shall be filed under seal.SEC. 2.
The Legislature finds and declares that Section 1 of this act, which adds Section 103447 to the Health and Safety Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:It is in the best interest for the public to seal these records from the public to ensure the privacy and safety of transgender and nonbinary youth. Transgender and nonbinary youth are 2 to 2.5 times as likely to experience depressive
symptoms, seriously consider suicide, and attempt suicide compared to their cisgender LGBQ peers. Being outed is a traumatic event for any individual, especially for individuals under 18 years of age. Allowing our children to choose when and how they decide to share their personal details is vital in protecting their mental and physical health.