Amended  IN  Assembly  March 15, 2018

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 add Section 6930 to the Family Code, relating to minors.


LEGISLATIVE COUNSEL'S DIGEST


AB 3189, as amended, Cooper. Marriages: solemnization: commissioners of civil marriages. Consent by minors to treatment for intimate partner violence.
Existing law authorizes a minor who is 12 years of age or older and is alleged to have been raped, or a minor who is alleged to have been sexually assaulted, to consent to medical care related to the diagnosis and treatment of the condition and the collection of medical evidence with regard to the alleged rape or sexual assault.
This bill would authorize a minor who is 12 years of age or older and who states he or she is injured as a result of intimate partner violence to consent or decline to consent to medical care related to the diagnosis or treatment of the injury and the collection of medical evidence with regard to the alleged intimate partner violence. The bill would define “intimate partner violence” for these purposes and specifically exclude rape and sexual assault from its meaning.

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.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 6930 is added to the Family Code, to read:

6930.
 (a) A minor who is 12 years of age or older and who states he or she is injured as a result of intimate partner violence may consent or decline to consent to medical care related to the diagnosis or treatment of the injury and the collection of medical evidence with regard to the alleged intimate partner violence.
(b) (1) For purposes of this section, “intimate partner violence” means physical or mental violence, including strangulation, psychological aggression, stalking, or coercive acts, by a current or former partner. A partner may include a current or former spouse, boyfriend or girlfriend, dating partner, or sexual partner. Intimate partner violence can occur between heterosexual or same-sex partners and does not require sexual intimacy.
(2) For purposes of this section, “intimate partner violence” does not include rape, as described in Section 6927, or sexual assault, as described in Section 6928.

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 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.