CA
California Senate Bill SB404

California 2023-2024 Regular Session

California Senate Bill SB404 Compare Versions

OldNewDifferences
1-Amended IN Assembly June 29, 2023 Amended IN Senate May 18, 2023 Amended IN Senate March 22, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 404Introduced by Senator Wahab(Coauthors: Senators Blakespear, Gonzalez, Ochoa Bogh, and Rubio)February 09, 2023An act to add Section 289.1 to the Penal Code, relating to underage marriage.LEGISLATIVE COUNSEL'S DIGESTSB 404, as amended, Wahab. 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 victims 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 person, 18 years of age or older, to knowingly and willfully sanction or arrange a religious union, or other secular nonlegally recognized marriage or domestic partnership, solemnize a marriage or domestic partnership 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 more than $1,000 or by 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe 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 Subject to subdivision (b), any person, 18 years of age or older, who knowingly and willfully sanctions or arranges a religious union, or other secular nonlegally recognized or solemnizes a marriage or domestic partnership, partnership 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 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 304 302 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 XIIIB 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 XIIIB of the California Constitution.
1+Amended IN Senate May 18, 2023 Amended IN Senate March 22, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 404Introduced by Senator WahabFebruary 09, 2023An act to add Section 289.1 to the Penal Code, relating to underage marriage.LEGISLATIVE COUNSEL'S DIGESTSB 404, as amended, Wahab. 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 victims 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, marriage or domestic partnership, 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe 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, marriage or domestic partnership, 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 XIIIB 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 XIIIB of the California Constitution.
22
3- Amended IN Assembly June 29, 2023 Amended IN Senate May 18, 2023 Amended IN Senate March 22, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 404Introduced by Senator Wahab(Coauthors: Senators Blakespear, Gonzalez, Ochoa Bogh, and Rubio)February 09, 2023An act to add Section 289.1 to the Penal Code, relating to underage marriage.LEGISLATIVE COUNSEL'S DIGESTSB 404, as amended, Wahab. 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 victims 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 person, 18 years of age or older, to knowingly and willfully sanction or arrange a religious union, or other secular nonlegally recognized marriage or domestic partnership, solemnize a marriage or domestic partnership 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 more than $1,000 or by 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
3+ Amended IN Senate May 18, 2023 Amended IN Senate March 22, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 404Introduced by Senator WahabFebruary 09, 2023An act to add Section 289.1 to the Penal Code, relating to underage marriage.LEGISLATIVE COUNSEL'S DIGESTSB 404, as amended, Wahab. 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 victims 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, marriage or domestic partnership, 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
44
5- Amended IN Assembly June 29, 2023 Amended IN Senate May 18, 2023 Amended IN Senate March 22, 2023
5+ Amended IN Senate May 18, 2023 Amended IN Senate March 22, 2023
66
7-Amended IN Assembly June 29, 2023
87 Amended IN Senate May 18, 2023
98 Amended IN Senate March 22, 2023
109
1110 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
1211
1312 Senate Bill
1413
1514 No. 404
1615
17-Introduced by Senator Wahab(Coauthors: Senators Blakespear, Gonzalez, Ochoa Bogh, and Rubio)February 09, 2023
16+Introduced by Senator WahabFebruary 09, 2023
1817
19-Introduced by Senator Wahab(Coauthors: Senators Blakespear, Gonzalez, Ochoa Bogh, and Rubio)
18+Introduced by Senator Wahab
2019 February 09, 2023
2120
2221 An act to add Section 289.1 to the Penal Code, relating to underage marriage.
2322
2423 LEGISLATIVE COUNSEL'S DIGEST
2524
2625 ## LEGISLATIVE COUNSEL'S DIGEST
2726
2827 SB 404, as amended, Wahab. Prohibiting underage, unauthorized marriages.
2928
30-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 victims 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 person, 18 years of age or older, to knowingly and willfully sanction or arrange a religious union, or other secular nonlegally recognized marriage or domestic partnership, solemnize a marriage or domestic partnership 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 more than $1,000 or by 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.
29+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 victims 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, marriage or domestic partnership, 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.
3130
3231 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 victims 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.
3332
34-This bill would make it a misdemeanor for any person person, 18 years of age or older, to knowingly and willfully sanction or arrange a religious union, or other secular nonlegally recognized marriage or domestic partnership, solemnize a marriage or domestic partnership 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 more than $1,000 or by 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.
33+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, marriage or domestic partnership, 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.
3534
3635 Because a violation of the provisions would be a crime, this bill would impose a state-mandated local program.
3736
3837 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.
3938
4039 This bill would provide that no reimbursement is required by this act for a specified reason.
4140
4241 ## Digest Key
4342
4443 ## Bill Text
4544
46-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 Subject to subdivision (b), any person, 18 years of age or older, who knowingly and willfully sanctions or arranges a religious union, or other secular nonlegally recognized or solemnizes a marriage or domestic partnership, partnership 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 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 304 302 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 XIIIB 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 XIIIB of the California Constitution.
45+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, marriage or domestic partnership, 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 XIIIB 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 XIIIB of the California Constitution.
4746
4847 The people of the State of California do enact as follows:
4948
5049 ## The people of the State of California do enact as follows:
5150
52-SECTION 1. Section 289.1 is added to the Penal Code, to read:289.1. (a) Any person Subject to subdivision (b), any person, 18 years of age or older, who knowingly and willfully sanctions or arranges a religious union, or other secular nonlegally recognized or solemnizes a marriage or domestic partnership, partnership 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 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 304 302 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.
51+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, marriage or domestic partnership, 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.
5352
5453 SECTION 1. Section 289.1 is added to the Penal Code, to read:
5554
5655 ### SECTION 1.
5756
58-289.1. (a) Any person Subject to subdivision (b), any person, 18 years of age or older, who knowingly and willfully sanctions or arranges a religious union, or other secular nonlegally recognized or solemnizes a marriage or domestic partnership, partnership 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 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 304 302 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.
57+289.1. (a) Any person who knowingly and willfully sanctions or arranges a religious union, or other secular nonlegally recognized marriage, marriage or domestic partnership, 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.
5958
60-289.1. (a) Any person Subject to subdivision (b), any person, 18 years of age or older, who knowingly and willfully sanctions or arranges a religious union, or other secular nonlegally recognized or solemnizes a marriage or domestic partnership, partnership 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 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 304 302 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.
59+289.1. (a) Any person who knowingly and willfully sanctions or arranges a religious union, or other secular nonlegally recognized marriage, marriage or domestic partnership, 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.
6160
62-289.1. (a) Any person Subject to subdivision (b), any person, 18 years of age or older, who knowingly and willfully sanctions or arranges a religious union, or other secular nonlegally recognized or solemnizes a marriage or domestic partnership, partnership 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 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 304 302 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.
61+289.1. (a) Any person who knowingly and willfully sanctions or arranges a religious union, or other secular nonlegally recognized marriage, marriage or domestic partnership, 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.
6362
6463
6564
66-289.1. (a) Any person Subject to subdivision (b), any person, 18 years of age or older, who knowingly and willfully sanctions or arranges a religious union, or other secular nonlegally recognized or solemnizes a marriage or domestic partnership, partnership 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 more than one thousand dollars ($1,000) or by imprisonment in a county jail for up to one year per incident.
65+289.1. (a) Any person who knowingly and willfully sanctions or arranges a religious union, or other secular nonlegally recognized marriage, marriage or domestic partnership, 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.
6766
68-(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 304 302 of the Family Code.
69-
70-(c) For the purposes of this section, solemnize has the same meaning as described in Section 400 of the Family Code.
67+(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.
7168
7269 SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
7370
7471 SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
7572
7673 SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
7774
7875 ### SEC. 2.