Bill Text: CA SB132 | 2019-2020 | Regular Session | Amended
Bill Title: Corrections.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2020-09-26 - Chaptered by Secretary of State. Chapter 182, Statutes of 2020. [SB132 Detail]
Download: California-2019-SB132-Amended.html
Amended
IN
Assembly
September 03, 2019 |
Amended
IN
Senate
May 17, 2019 |
Amended
IN
Senate
March 14, 2019 |
Introduced by Senator Wiener (Coauthor: Senator Galgiani) (Coauthor: Assembly Member Mark Stone) |
January 14, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
This act shall be known, and may be cited, as “The Transgender Respect, Agency, and Dignity Act.”SECTION 1.SEC. 2.
The Legislature finds and declares all of the following:SEC. 2.SEC. 3.
Section 2605 is added to the Penal Code, to read:2605.
(a) During the initial intake and classification process, the Department of Corrections and Rehabilitation shall ask each individual entering into the custody of the department to specify the individual’s:(2)Preferred first name, gender pronoun, and honorific.
(b)A person incarcerated by the department shall be issued identification reflecting a gender marker consistent with the gender identity the individual has most recently specified.
(c)
(d)
(e)
(f)
SEC. 3.SEC. 4.
Section 2606 is added to the Penal Code, to read:2606.
(a) An individual incarcerated by the Department of Corrections and Rehabilitation who has a gender identity that differs from their sex assigned at birth, with or without a diagnosis of gender dysphoria or any other physical or mental health diagnosis, and regardless of anatomy, shall be:(a)
(b)
(c)
(d)(1)Placement in housing within a facility, for example, single cell, double cell, dorm, protective custody, or general population, shall be based on the incarcerated individual’s perception of health and safety except as provided in paragraph (2).
(2)If there are significant security or management concerns with placing an
incarcerated individual within a facility based on the individual’s perception of health and safety, the Secretary of the Department of Corrections and Rehabilitation, or the
secretary’s designee, shall certify in writing a specific and articulable basis for why a particular placement would present significant security or management concerns before housing the incarcerated individual in a manner contrary to the person’s perception of health and safety.
(e)