Bill Text: CA SB273 | 2017-2018 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Marriage and domestic partnership: minors.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2018-09-21 - Chaptered by Secretary of State. Chapter 660, Statutes of 2018. [SB273 Detail]
Download: California-2017-SB273-Amended.html
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May 15, 2017 |
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May 03, 2017 |
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March 20, 2017 |
CALIFORNIA LEGISLATURE—
2017–2018 REGULAR SESSION
| Senate Bill | No. 273 |
| Introduced by Senator Hill |
February 09, 2017 |
An act to amend Sections 302, 303, 304, 1501, and 2210 of, and to add Section 304.5 to, the Family Code, relating to marriage.
LEGISLATIVE COUNSEL'S DIGEST
SB 273, as amended, Hill.
Marriage: minors.
Existing law authorizes an unmarried person who is under 18 years of age to marry upon obtaining a court order granting permission and the written consent of at least one of the parents or the guardian of each underage party to the marriage, as specified. Existing law requires the court, if it considers it necessary, as part of the court order granting permission to marry, to require the parties to the prospective marriage of a minor to participate in premarital counseling, as specified.
This bill would require the court, in determining whether to issue an order granting permission to marry, to perform certain duties, including, among others, requiring
require Family Court Services to separately interview the parties intending to marry and at least one of the parents or the guardian, as specified, and requiring to require Family Court Services to prepare and submit to the court a written report containing, among other things, recommendations for either granting or denying the parties permission to marry. If Family Court Services knows or reasonably suspects that either party is a victim of child abuse or neglect, the bill would require Family Court Services to submit a report of the known or suspected child abuse or neglect to the county child protective services agency.
This bill would establish a rebuttable presumption that marriage prior to 18 years of age is not in
the best interest of the minor, and would require an order granting a minor party permission to marry to contain a finding based on clear and convincing evidence that the marriage is in the best interest of the party, and to contain specified affirmative findings, including, among others, that the party is entering into the marriage of his or her own volition. The bill would require the court, in making these findings, to consider specified factors, including, among others, the age difference between the parties, any history of domestic violence, and any criminal record, as specified. also require the court to separately interview each of the parties, as specified, prior to making a final determination regarding the court order. If the court issues an order granting the parties permission to marry, the bill would make the parties eligible to request a marriage license no earlier than one month
from the time the court order was issued.
This bill would require the Judicial Council, no later than June 1, 2019, and on or before June 1 of each year thereafter, to track and post on its Internet Web site, for the preceding year and for each county, the number of court orders granting or denying permission to marry, the number of marriage licenses issued involving a minor party, and the age and sex of the parties in the court orders and marriage licenses, as specified. The bill would require each county to report to the Judicial Council the above-mentioned information relating to marriage licenses. By creating new duties for county officials relating to certain marriage licenses, the bill would impose a state-mandated local program.
This bill would also make conforming changes to related provisions.
The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
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.
Section 302 of the Family Code is amended to read:302.
(a) An unmarried person under 18 years of age is capable of consenting to and consummating marriage upon obtaining a court order granting permission to the underage person or persons to marry, in accordance with the requirements described in Section 304.(b) The court order and written consent of at least one of the parents or the guardian of each underage person shall be filed with the clerk of the court, and a certified copy of the order shall be presented to the county clerk at the time the marriage license is issued.
SEC. 2.
Section 303 of the Family Code is amended to read:303.
If it appears to the satisfaction of the court by application of a minor that the minor requires a written consent to marry and that the minor has no parent or has no parent capable of consenting, the court may make an order consenting to the issuance of a marriage license and granting permission to the minor to marry, in accordance with the requirements described in Section 304. The order shall be filed with the clerk of the court and a certified copy of the order shall be presented to the county clerk at the time the marriage license is issued.SEC. 3.
Section 304 of the Family Code is amended to read:304.
(a) In determining whether to issue a court order granting permission to marry pursuant to Section 302 or 303, the court shall do all of the following:(1) Require Family Court Services to separately interview the parties intending to marry and, if applicable, at least one of the parents or the guardian of each party who is a minor.
(2) Require Family Court Services to prepare and submit to the court a written report, containing any finding of potential force, threat, persuasion, fraud, coercion, or duress by either of the parties or their family members relating to the intended marriage. The report shall also contain
recommendations of Family Court Services for either granting or denying the parties permission to marry. If Family Court Services knows or reasonably suspects that either party is a victim of child abuse or neglect, Family Court Services shall submit a report of the known or suspected child abuse or neglect to the county child protective services agency.
(3) After receiving the report of the findings and recommendations of Family Court Services, as described in paragraph (2), separately interview in camera each of the parties prior to making a final determination regarding the court order.
(b)(1)There is a rebuttable presumption that marriage prior to 18 years of age is not in the best interest of the minor. An order granting a minor party permission to marry shall contain a finding based on clear and convincing evidence that the marriage is in the best interest of the party.
(2)An order granting a minor party permission to marry shall contain affirmative findings of all of the following:
(A)That the
minor party is entering into the marriage of his or her own volition.
(B)That the minor party is not being compelled to enter into the marriage by force, threat, persuasion, fraud, coercion, or duress.
(C)That the marriage will not endanger the mental, emotional, or physical safety of the minor.
(3)In making the findings pursuant to paragraphs (1) and (2), the court shall consider, among other relevant factors, all of the following:
(A)Whether the parties are capable of consenting to, have the adequate understanding of, and have the adequate maturity for, entering into the marriage.
(B)The age difference between the parties intending to marry.
(C)Whether a power imbalance exists between the parties.
(D)Whether a history of domestic violence exists between the parties.
(E)Whether a history of domestic violence exists between a minor party and a parent, guardian, or other family member of either party.
(F)Whether either party has a criminal record.
(c)
(b) If the court issues an order granting the parties permission to marry pursuant to Section 302 or 303, the parties shall be eligible to request a marriage license no earlier than one month from the time the court order was issued.
(d)
(c) As part of the court order granting permission to marry under Section 302 or 303, the court shall, if it considers it necessary, require the parties to the prospective marriage of a minor to participate
in premarital counseling concerning social, economic, and personal responsibilities incident to marriage. The parties shall not be required, without their consent, to confer with counselors provided by religious organizations of any denomination. In determining whether to order the parties to participate in the premarital counseling, the court shall consider, among other factors, the ability of the parties to pay for the counseling. The court may impose a reasonable fee to cover the cost of any premarital counseling provided by the county or the court. The fees shall be used exclusively to cover the cost of the counseling services authorized by this section.
SEC. 4.
Section 304.5 is added to the Family Code, to read:304.5.
(a) The Judicial Council, no later than June 1, 2019, and on or before June 1 of each year thereafter, shall track and post on its Internet Web site all of the following information for the preceding year and for each county:(1) The number of court orders granting, and the number of court orders denying, a minor party permission to marry pursuant to Section 302 or 303, and the age and sex of each party subject to the court order.
(2) The number of marriage licenses issued, whereby one or both of the parties to the marriage were minors upon entering into the marriage, in accordance with Section 302 or 303,
and the age and sex of each party in the marriage license.
(b) The Judicial Council shall not, for purposes of this section, collect, track, or post the name, date of birth, address, or other personal identifying information of any party described in this section.
(c) Notwithstanding any other law, each county shall report to the Judicial Council the information described in paragraph (2) of subdivision (a). The county shall not, for purposes of this section, report the name, date of birth, address, or other personal identifying information of any party to a marriage.
SEC. 5.
Section 1501 of the Family Code is amended to read:1501.
A minor may make a valid premarital agreement or other marital property agreement if the minor is emancipated, is otherwise capable of contracting marriage pursuant to Section 302 or 303, or has entered or is entering a marriage that is valid in the jurisdiction where the marriage is solemnized.SEC. 6.
Section 2210 of the Family Code is amended to read:2210.
A marriage is voidable and may be adjudged a nullity if any of the following conditions existed at the time of the marriage:(a) The party who commences the proceeding or on whose behalf the proceeding is commenced was under 18 years of age, unless the party entered into the marriage pursuant to Section 302 or 303.
(b) The spouse of either party was living and the marriage with that spouse was then in force and that spouse (1) was absent and not known to the party commencing the proceeding to be living for a period of five successive years immediately preceding the subsequent marriage for which the judgment of nullity is sought or (2)
was generally reputed or believed by the party commencing the proceeding to be dead at the time the subsequent marriage was contracted.
(c) Either party was of unsound mind, unless the party of unsound mind, after coming to reason, freely cohabited with the other as his or her spouse.
(d) The consent of either party was obtained by fraud, unless the party whose consent was obtained by fraud afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as his or her spouse.
(e) The consent of either party was obtained by force, unless the party whose consent was obtained by force afterwards freely cohabited with the other as his or her spouse.
(f) Either party was, at the time of marriage, physically incapable of entering into the marriage state, and that incapacity continues, and appears to be incurable.
