Bill Text: CA SB404 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Prohibiting underage, unauthorized marriages.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Engrossed) 2023-09-01 - September 1 hearing: Held in committee and under submission. [SB404 Detail]

Download: California-2023-SB404-Amended.html

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Amended  IN  Senate  March 22, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 404

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Introduced by Senator Wahab

February 09, 2023

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An act to amend Sections 297, 423, 2210, and 7002 of, and to repeal Sections 297.1, 298.8, 302, 303, 304, and 1501 of, the Family Code, and to repeal Sections 102233 and 102356 of the Health and Safety Code, add Section 289.1 to the Penal Code, relating to underage marriage.

LEGISLATIVE COUNSEL'S DIGEST

SB 404, as amended, Wahab. Marriage: prohibition on minors. Prohibiting underage, unauthorized marriages.

Existing law provides various circumstances that constitute rape, including an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator where the person submits under the belief that the person committing the act is the victim’s spouse, and this belief is induced by artifice, pretense, or concealment practiced by the accused, with the intent to induce the belief. Existing law also makes it a misdemeanor to sexually assault certain animals for the purpose of gratifying the sexual desires of a person. Existing law makes it a crime to engage in certain types of conduct against a dependent adult or dependent person, including, among others, committing certain sexual acts upon a dependent person.

This bill would make it a misdemeanor for any person to knowingly and willfully sanction or arrange a religious union, or other secular nonlegally recognized marriage, between a minor and another person. The bill would make a violation of these provisions punishable by a fine of not less than $5,000 and imprisonment in a county jail for up to one year per incident. The bill would exclude a marriage or domestic partnership entered into after receiving a court order, as specified.

Because a violation of the provisions would be a crime, this bill would impose a state-mandated local program.

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 no reimbursement is required by this act for a specified reason.

(1)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.

Existing law provides that 2 unmarried, unrelated adults who have chosen to share one another’s lives in an intimate and committed relationship of mutual caring may establish a domestic partnership by filing a declaration with the Secretary of State, if certain requirements are met. Existing law provides that a person under 18 years of age who, together with the person with whom the person proposes to establish a domestic partnership, meets the requirements for a domestic partnership other than the requirement of being at least 18 years of age, is capable of consenting to and establishing a domestic partnership upon obtaining a court order granting permission to the underage person or persons to establish a domestic partnership. Under existing law, registered domestic partners have the same rights, protections, and benefits as spouses.

This bill would repeal the authorization for a person under 18 years of age from being issued a marriage license or from establishing a domestic partnership, thereby prohibiting a person under 18 years of age from being issued a marriage license or from establishing a domestic partnership. The bill would make conforming changes.

(2)Existing law required the State Registrar to create a document no later than March 1, 2020, concerning marriage certificates in which one or both of the parties were minors at the time of solemnization of the marriage. Existing law requires the State Registrar to update that document annually, as specified. Existing law requires the local registrar to submit specified information for the purposes of that report.

This bill would repeal those provisions.

Digest Key

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

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Bill Text

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

SECTION 1.

 Section 289.1 is added to the Penal Code, to read:

289.1.

 (a) Any person who knowingly and willfully sanctions or arranges a religious union, or other secular nonlegally recognized marriage, between a minor and another person is guilty of a misdemeanor and shall be punished by a fine of not less than five thousand dollars ($5,000) and imprisonment in a county jail for up to one year per incident.

(b) This section does not apply to a marriage or domestic partnership entered into after receiving a court order pursuant to Section 297.1 or 304 of the Family Code.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.