Bill Text: CA SB107 | 2021-2022 | Regular Session | Amended
Bill Title: Gender-affirming health care.
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Passed) 2022-09-29 - Chaptered by Secretary of State. Chapter 810, Statutes of 2022. [SB107 Detail]
Download: California-2021-SB107-Amended.html
Amended
IN
Assembly
August 08, 2022 |
Amended
IN
Assembly
June 29, 2022 |
Amended
IN
Assembly
June 01, 2022 |
Amended
IN
Assembly
April 28, 2022 |
Amended
IN
Senate
February 18, 2021 |
Introduced by Senator Wiener (Principal coauthor: Senator Atkins) (Principal coauthor: Assembly Member Wilson) (Coauthors: Senators Eggman and Laird) (Coauthors: Assembly Members Bauer-Kahan, Mia Bonta, Cervantes, Haney, Kalra, Lee, Low, and Ward) |
January 05, 2021 |
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.
Section 56.109 is added to the Civil Code, to read:56.109.
(a) Notwithstanding subdivision (b) of Section 56.10, a provider of health care, health care service plan, or contractor shall not release medical information related to a person or entity allowing a child to receive gender-affirming health care or gender-affirming mental health care in response to any civil action, including a foreign subpoena, based on another state’s law that authorizes a person to bring a civil action against a person or entity that allows a child to receive gender-affirming healthSEC. 2.
Section 2029.300 of the Code of Civil Procedure is amended to read:2029.300.
(a) To request issuance of a subpoena under this section, a party shall submit the original or a true and correct copy of a foreign subpoena to the clerk of the superior court in the county in which discovery is sought to be conducted in this state. A request for the issuance of a subpoena under this section does not constitute making an appearance in the courts of this state.(1)For purposes of this subdivision, “sensitive services” has the same meaning as defined in Section 791.02 of the Insurance Code.
SEC. 3.
Section 2029.350 of the Code of Civil Procedure is amended to read:2029.350.
(a) Notwithstanding Sections 1986 and 2029.300, if a party to a proceeding pending in a foreign jurisdiction retains an attorney licensed to practice in this state, who is an active member of the State Bar, and that attorney receives the original or a true and correct copy of a foreign subpoena, the attorney may issue a subpoena under this article.(1)For purposes of this subdivision, “sensitive services” has the same meaning as defined in Section 791.02 of the Insurance Code.
SEC. 4.
Section 3421 of the Family Code is amended to read:3421.
(a) Except as otherwise provided in Section 3424, a court of this state has jurisdiction to make an initial child custody determination only if any of the following are true:SEC. 5.
Section 3424 of the Family Code is amended to read:3424.
(a) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to, or threatened with, mistreatment or abuse, or because the child has been unable to obtain gender-affirming health care or gender-affirming mental health care, as defined bySEC. 6.
Section 3427 of the Family Code is amended to read:3427.
(a) A court of this state that has jurisdiction under this part to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon motion of a party, the court’s own motion, or request of another court.SEC. 7.
Section 3428 of the Family Code is amended to read:3428.
(a) Except as otherwise provided in Section 3424 or by any other law of this state, if a court of this state has jurisdiction under this part because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless one of the following are true:SEC. 8.
Section 3453.5 is added to the Family Code, to read:3453.5.
(a) A law of another state that authorizes a state agency to remove a child from their parent or guardian based on the parent or guardian allowing their child to receive gender-affirming health care or gender-affirming mental health care is against the public policy of this state and shall not be enforced or applied in a case pending in a court in this state.SEC. 9.
Section 819 is added to the Penal Code, to read:819.
(a) It is the public policy of the state that an out-of-state arrest warrant for an individual based on violating another state’s law against providing, receiving, or allowing their child to receive gender-affirming health care or gender-affirming mental health care is the lowest law enforcement priority.SEC. 10.
Section 1326 of the Penal Code is amended to read:1326.
(a) The process by which the attendance of a witness before a court or magistrate is required is a subpoena. It may be signed and issued by any of the following:(a)Notwithstanding any other provision of state law, no state or local law enforcement shall make or intentionally participate in the arrest or recognize any demand for extradition of an individual pursuant to a criminal action related to the law of another state that criminalizes allowing a person to receive or provide gender-affirming health care where that conduct would not be unlawful under the laws of this state to the fullest extent permitted by federal law.
(b)For the purpose of this subdivision,
“gender-affirming health care” shall have the same meaning as provided in paragraph (3) of subdivision (b) of Section 16010.2 of the Welfare and Institutions Code.