Today's Law As Amended


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SB-575 Marriage: underage marriage.(2023-2024)



As Amends the Law Today


SECTION 1.

 Section 102233.1 is added to the Health and Safety Code, to read:

102233.1.
 (a) (1) The State Registrar shall create a report, disaggregated by county, containing the number of marriage certificates that were transmitted to the State Registrar by a local registrar pursuant to Section 102355 each year between 2019 and 2024, inclusive, in which one or both of the parties were minors at the time of solemnization of the marriage.
(2) The report shall itemize, for each marriage, the ages of each party to the marriage and the gender of each party, if available.
(b) Every marriage in which one or both of the parties were minors at the time of solemnization of the marriage shall be counted in the report, whether the marriage was submitted to the State Registrar by a local registrar pursuant to Section 102356.
(c) The report shall not contain the names, addresses, or other personal identifying information of parties to a marriage certificate or information identifying a marriage certificate. The report shall not contain a marriage certificate or, if applicable, a copy of the court order described in Section 304 of the Family Code.
(d) The report shall compare the total number of marriage certificates counted pursuant to subdivision (a) to the number of marriages reported by each county, each year, pursuant to Section 102356.
(e) (1) On or before September 1, 2027, the State Registrar shall publish the report on its internet website and submit a copy of the report to the Legislature and the relevant policy committees.
(2) The State Registrar shall submit the report required in paragraph (1) in accordance with Section 9795 of the Government Code.
(f) This section shall remain in effect only until January 1, 2028, and as of that date is repealed.

SEC. 2.

 Section 102250 is added to the Health and Safety Code, to read:

102250.
 (a) (1) The State Registrar shall, upon appropriation, establish a grant program for the purpose of studying extralegal marriages involving minors in the state.
(2) An “extralegal marriage involving minors” means a marriage in which one or both of the parties is under 18 years of age, and the marriage was not solemnized in accordance with the laws of this state, including, but not limited to, circumstances in which no marriage license was applied for, no marriage certificate was returned, or court approval was not sought.
(b) (1) A report completed through the grant program shall address the prevalence of, conditions of, and circumstances surrounding extralegal marriages in the state and include both qualitative and quantitative data.
(2) A report completed through the grant program shall not include personal identifying information about any person discussed in the report.

SEC. 3.

 Section 102356 of the Health and Safety Code is amended to read:

102356.
 (a) For purposes of Section 102233, the local registrar of marriages shall submit to the State Registrar, at least annually, all of the following information concerning marriage certificates that are accepted for registration by him or her  them  during the same calendar year and in which one or both of the parties were minors at the time of solemnization of the marriage:
(1) The total number of those marriage certificates.
(2) Itemized for each of those marriage certificates, the age of each party at the time of solemnization of the marriage.
(3) Itemized for each of those marriage certificates, the gender of each party as documented on the court order pursuant to Section 304 of the Family Code, unless the court order does not include the gender. party, if available. 
(b) The information submitted to the State Registrar pursuant to subdivision (a) shall not contain the names, addresses, or other personal identifying information of parties to a marriage certificate, certificate  or any  information identifying a marriage certificate. The information shall not contain a marriage certificate or a copy of the court order described in Section 304 of the Family Code.
(c) (1)  The local registrar of marriages shall not submit any  information described in paragraphs (1) to (3), inclusive, of subdivision (a) if no marriage certificate described in subdivision (a) is accepted for registration by him or her  them  during the same calendar year.
(2) For any marriage certificate described in subdivision (a), the local registrar of marriages is not required to submit any information described in paragraphs (1) to (3), inclusive, of subdivision (a) if the local registrar of marriages did not receive a copy of the court order from the person solemnizing the marriage pursuant to Section 423 of the Family Code. The local registrar of marriages may elect to submit any of that information, if otherwise available, even if he or she did not receive the copy of the court order.
(d) (1) Notwithstanding any other law, no earlier than two years after the local registrar of marriages submits the information described in subdivision (a) to the State Registrar, the local registrar may dispose of that information.
(2) Notwithstanding any other law, immediately after the local registrar of marriages submits the information described in subdivision (a) to the State Registrar, the local registrar may dispose of the copy of the court order received from the person solemnizing the marriage pursuant to Section 423 of the Family Code.
(e) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Public Health may implement this section through an all-county letter or similar instruction from the State Registrar without taking regulatory action.
SEC. 4.
 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.