SECTION 1.
Section 289.1 is added to the Penal Code, to read:
289.1.
(a) Subject to subdivision (b), any person, 18 years of age or older, who knowingly and willfully sanctions or solemnizes a marriage or domestic partnership between a minor and another person is guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or by 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 302 of the Family Code.
(c) For the purposes of this section, “solemnize” has the same meaning as described in Section 400 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.SECTION 1.
Section 297 of the Family Code is amended to read:
297.
(a) Domestic partners are two adults who have chosen to share one another’s lives in an intimate and committed relationship of mutual caring.(b) A domestic partnership shall be established in California when both persons file a Declaration of Domestic Partnership with the Secretary of State pursuant to this division, and, at the time of filing, all of the following requirements are met:
(1) Neither person is married to someone else or is a member of another domestic partnership with someone else that has not been terminated, dissolved, or adjudged a nullity.
(2) The two persons are not related by blood in a way that would prevent them from being married to each other in this state.
(3) Both persons are at least 18 years of age.
(4) Both persons are capable of consenting to the domestic partnership.
SEC. 2.
Section 297.1 of the Family Code is repealed.SEC. 3.
Section 298.8 of the Family Code is repealed.SEC. 4.
Section 302 of the Family Code is repealed.SEC. 5.
Section 303 of the Family Code is repealed.SEC. 6.
Section 304 of the Family Code is repealed.SEC. 7.
Section 423 of the Family Code is amended to read:
423.
The person solemnizing the marriage shall return the marriage license, endorsed as required in Section 422, to the county recorder of the county in which the license was issued within 10 days after the ceremony. SEC. 8.
Section 1501 of the Family Code is repealed.SEC. 9.
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 former Section 302 or 303 in this state before January 1, 2024.
(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 their 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 their 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 their 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.
SEC. 10.
Section 7002 of the Family Code is amended to read:
7002.
A person under the age of 18 years is an emancipated minor if any of the following conditions is satisfied:(a) The person has entered into a valid marriage, in another state or country, or in this state prior to January 1, 2024, or has established a valid domestic partnership, regardless of whether the marriage or the domestic partnership has been dissolved.
(b) The person is on active duty with the Armed Forces of the United States.
(c) The person has received a declaration of emancipation pursuant to Section 7122.
SEC. 11.
Section 102233 of the Health and Safety Code is repealed.SEC. 12.
Section 102356 of the Health and Safety Code is repealed.