Bill Text: CA AB3189 | 2017-2018 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Consent by minors to treatment for intimate partner violence.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2018-09-30 - Chaptered by Secretary of State - Chapter 1003, Statutes of 2018. [AB3189 Detail]
Download: California-2017-AB3189-Introduced.html
Bill Title: Consent by minors to treatment for intimate partner violence.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2018-09-30 - Chaptered by Secretary of State - Chapter 1003, Statutes of 2018. [AB3189 Detail]
Download: California-2017-AB3189-Introduced.html
CALIFORNIA LEGISLATURE—
2017–2018 REGULAR SESSION
| Assembly Bill | No. 3189 |
| Introduced by Assembly Member Cooper |
February 16, 2018 |
An act to amend Section 400 of the Family Code, relating to marriages.
LEGISLATIVE COUNSEL'S DIGEST
AB 3189, as introduced, Cooper.
Marriages: solemnization: commissioners of civil marriages.
Existing law generally authorizes commissioners of civil marriages, including retired and deputy commissioners of civil marriages, to solemnize a marriage. Existing law, imposes misdemeanor penalties on a commissioner of civil marriages who accepts money or other value for solemnizing a marriage, unless the marriage is solemnized on a Saturday, Sunday, or a legal holiday. Existing law also authorizes a commissioner of civil marriages to solemnize a marriage for reasonable compensation.
This bill would clarify that a commissioner of civil marriages may accept reasonable compensation for a marriage he or she solemnizes on a Saturday, Sunday, or a legal holiday.
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 400 of the Family Code is amended to read:400.
(a) Although marriage is a personal relation arising out of a civil, and not a religious, contract, a marriage may be solemnized by a priest, minister, rabbi, or authorized person of any religious denomination who is 18 years of age or older. A person authorized by this subdivision shall not be required to solemnize a marriage that is contrary to the tenets of his or her faith. Any refusal to solemnize a marriage under this subdivision, either by an individual or by a religious denomination, shall not affect the tax-exempt status of any entity.(b) Consistent with Section Sections 70.5 and
94.5 of the Penal Code and provided that any compensation received is reasonable, including payment of actual expenses, a marriage may also be solemnized by any of the following persons:
(1) A judge or retired judge, commissioner of civil marriages or retired commissioner of civil marriages, commissioner or retired commissioner, or assistant commissioner of a court of record in this state.
(2) A judge or magistrate who has resigned from office.
(3) Any of the following judges or magistrates of the United States:
(A) A justice or retired justice of the United States Supreme Court.
(B) A judge or retired judge of a court of appeals, a district court, or a court created by an
act of the United States Congress the judges of which are entitled to hold office during good behavior.
(C) A judge or retired judge of a bankruptcy court or a tax court.
(D) A United States magistrate or retired magistrate.
(c) Except as provided in subdivision (d), a marriage may also be solemnized by any of the following persons who are 18 years of age or older:
(1) A Member of the Legislature or constitutional officer of this state or a Member of Congress of the United States who represents a district within this state, or a former Member of the Legislature or constitutional officer of this state or a former Member of Congress of the United States who represented a district within this state.
(2) A person that holds or formerly held an elected office of a city, county, or city and county.
(3) A city clerk of a charter city or serving in accordance with subdivision (b) of Section 36501 of the Government Code, while that person holds office.
(d) (1) A person listed in subdivision (c) shall not accept compensation for solemnizing a marriage while holding office.
(2) A person listed in subdivision (c) shall not solemnize a marriage pursuant to this section if they have been removed from office due to committing an offense or have been convicted of an offense that involves moral turpitude, dishonesty, or fraud.
