Bill Text: CA SB273 | 2017-2018 | Regular Session | Amended
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
Amended
IN
Senate
May 26, 2017 |
Amended
IN
Senate
May 15, 2017 |
Amended
IN
Senate
May 03, 2017 |
Amended
IN
Senate
April 24, 2017 |
Amended
IN
Senate
March 20, 2017 |
Senate Bill | No. 273 |
Introduced by Senator Hill |
February 09, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
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.
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:Bill 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.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:(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.SEC. 4.
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.SEC. 5.
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:If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.