Bill Text: CA SB179 | 2017-2018 | Regular Session | Amended
Bill Title: Gender identity: female, male, or nonbinary.
Spectrum: Partisan Bill (Democrat 22-0)
Status: (Passed) 2017-10-15 - Chaptered by Secretary of State. Chapter 853, Statutes of 2017. [SB179 Detail]
Download: California-2017-SB179-Amended.html
Amended
IN
Senate
April 17, 2017 |
Amended
IN
Senate
March 27, 2017 |
Senate Bill | No. 179 |
Introduced by Senators Atkins and Wiener (Principal coauthors: Senators (Principal coauthors: Assembly Members Bocanegra, Chiu, Eggman, Cristina Garcia, Gloria, Low, Mark Stone, and Ting) |
January 24, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
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.
This act shall be known and may be cited as the Gender Recognition Act.SEC. 2.
The Legislature finds and declares all of the following:SECTION 1.SEC. 3.
Section 1277 of the Code of Civil Procedure is amended to read:1277.
(a) (1) If a proceeding for a change of name is commenced by the filing of a petition, except as provided in subdivisions (b), (c), and (e), or Section 1277.5, the court shall thereupon make an order reciting the filing of the petition, the name of the person by whom it is filed, and the name proposed. The order shall direct all persons interested in the matter to appear before the court at a time and place specified, which shall be not less than 6 weeks nor more than 12 weeks from the time of making the order, unless the court orders a different time, to show cause why the application for change of name should not be granted. The order shall direct all persons interested in the matter to make known any objection that they may have to the granting of the petition for change of name by filing a written objection, which includes the reasons for the objection, with the court at least two court days before the matter is scheduled to be heard and by appearing in court at the hearing to show cause why the petition for change of name should not be granted. The order shall state that, if no written objection is timely filed, the court may grant the petition without a hearing.(5)If the petition for a change of name is sought in order to conform the petitioner’s name to his or her gender identity, the action for a change of
name is exempt from the requirement for publication of the order to show cause under this subdivision.
SEC. 4.
Section 1277.5 is added to the Code of Civil Procedure, to read:1277.5.
(a) (1) If a proceeding for a change of name to conform the petitioner’s name to the petitioner’s gender identity is commenced by the filing of a petition, the court shall thereupon make an order reciting the filing of the petition, the name of the person by whom it is filed, and the name proposed. The order shall direct all persons interested in the matter to make known any objection to the change of name by filing a written objection, which includes any reasons for the objection, within six weeks of the making of the order, and shall state that if no objection is timely filed, the court shall, without hearing, enter the order that the change of name is granted.SEC. 2.SEC. 5.
Section 1278 of the Code of Civil Procedure is amended to read:1278.
(a) (1) Except as provided in subdivisions (c) and (d), the petition or application shall be heard at the time designated by the court, only if objections are filed by a person who can, in those objections, show to the court good reason against the change of name. At the hearing, the court may examine on oath any of the petitioners, remonstrants, or other persons touching the petition or application, and may make an order changing the name, or dismissing the petition or application, as the court maySEC. 3.SEC. 6.
The heading of Article 7 (commencing with Section 103425) of Chapter 11 of Part 1 of Division 102 of the Health and Safety Code is amended to read:Article 7. Revision of Birth Records to Reflect Change of Gender
SEC. 4.SEC. 7.
Section 103425 of the Health and Safety Code is amended to read:103425.
(a) A person may file a petition with the superior court in any county seeking a judgment recognizing the change of gender to female, male, or nonbinary.SEC. 5.SEC. 8.
Section 103426 of the Health and Safety Code is amended to read:103426.
The State Registrar shall issue a new birth certificate reflecting a change of gender to female, male, or nonbinary without a court order for any person born in this state who submits directly to the State Registrar an application to change the gender on the birth certificate and an affidavit attesting under penalty of perjury that the request for a change of gender to (female, male, or nonbinary) is to conform the person’s legal gender to the person’s gender identity and is not made for any fraudulent purpose. Upon receipt of the documentation and the fee prescribed by Section 103725, the State Registrar shall establish a new birth certificate reflecting the gender stated in the application and any change in name, if accompanied by a court order for a change of name.SEC. 6.SEC. 9.
Section 103430 of the Health and Safety Code is amended to read:103430.
(a) A petition for a court order to recognize a change in the petitioner’s gender as female, male, or nonbinary shall be accompanied by an affidavit from the petitioner and a certified copy of the court order changing the petitioner’s name, if applicable. The petitioner’s affidavit shall be accepted as conclusive proof of gender change if it contains substantially the following language: “I, (petitioner’s full name), hereby attest under penalty of perjury that the request for a change in gender to (female, male, or nonbinary) is to conform my legal gender to my gender identity and is not for any fraudulent purpose.”(a)In lieu of separate proceedings, a single petition may be filed with the superior court to change the petitioner’s name and recognize the change to petitioner’s gender and, if requested, to order the issuance of a new birth certificate. With respect to such a petition, the court shall follow the procedure set forth in Title 8 (commencing with Section 1275) of Part III of the Code of Civil Procedure; however, the order to show cause shall not include the petition to recognize the change of gender. A certified copy of the decree of the court issued pursuant to this section shall, within 30 days, be filed with both the Secretary of State and, if the judgment includes an order for a new birth certificate and if the petitioner was born in this
state, the State Registrar. Upon its receipt, the State Registrar shall establish a new birth certificate as provided in this article.
(b)If the person petitioning for a change of gender is under 18 years of age, the petition may be signed either by one of the person’s parents, or by any legal guardian of the person, or if both parents are deceased and there is no guardian of the person, by a near relative or friend of the person or as provided in Section 7638 of the Family Code.
(c)If a petition has been filed for a minor by a parent and the other parent, if living, does not join in consenting thereto, the petitioner shall cause, not less than 30 days after filing, to be served notice of a copy of the order to show cause on the other parent pursuant to Section 413.10, 414.10,
415.10, or 415.40 of the Code of Civil Procedure. If notice of the hearing cannot reasonably be accomplished pursuant to Section 415.10 or 415.40 of the Code of Civil Procedure, the court may order that notice be given in a manner that the court determines is reasonably calculated to give actual notice to the nonconsenting parent.