Amended IN Senate April 10, 2025 Amended IN Senate March 20, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 59Introduced by Senator Wiener(Coauthors: Senators Cabaldon, Cervantes, Laird, Padilla, and Prez)(Coauthors: Assembly Members Mark Gonzlez, Jackson, Lee, Solache, Ward, and Zbur)January 08, 2025 An act to amend Section 103437 of the Health and Safety Code, relating to vital records, and declaring the urgency thereof, to take effect immediately.LEGISLATIVE COUNSEL'S DIGESTSB 59, as amended, Wiener. Change of gender and sex identifier.Existing law authorizes a person to file a petition with the superior court seeking a judgment recognizing their change of gender to female, male, or nonbinary, including a person who is under 18 years of age. Existing law authorizes a person to file a single petition to simultaneously change the petitioners name and recognize the change to the petitioners gender and sex identifier, as specified. Existing law requires a petition for a change of gender and sex identifier or a single petition for change to the petitioners name and to recognize the change of the petitioners gender and sex identifier filed by a person under 18 years of age, and any papers associated with the proceeding, to be kept confidential by the court. Existing law requires the court to limit access to these records to specified individuals, including, among others, the minor, the minors parents, and their attorneys.This bill would expand that confidentiality to apply to all filed petitions, regardless of the age of the petitioner, and any papers associated with a proceeding for a change of gender and sex identifier, for a single petition for change to the petitioners name and to recognize the change to the petitioners gender and sex identifier, or for a change of name to conform the petitioners name to the petitioners gender identity, as specified. This bill would make these confidentiality requirements retroactive and require the Judicial Council to ensure that all courts have implemented a method to ensure the court maintains the confidentiality of these petitions and associated papers that were filed prior to the effective date of this act. The bill would require the court to immediately take steps to make a record confidential if a person or entity or the court authorize, if a person or entity discovers that a court record is not being kept confidential. confidential by the court, a person or entity to apply ex parte and without a fee to the court for an order to make those records confidential. The bill would prohibit those records from being posted publicly, on the internet or otherwise, by anyone other than the petitioner.This bill would make a violation of these confidentiality requirements an injury and, commencing 6 months after the effective date of this act, would authorize a person or entity to institute proceedings for injunctive relief, declaratory relief, or a writ of mandate to enforce them. The bill would require a court to award reasonable attorneys fees and costs to a plaintiff who prevails on a cause of action against a private party pursuant to this authority.This bill would also authorize a petitioner who has been harmed by a disclosure or continuing disclosure of confidential information in violation of these confidentiality requirements, as specified, to, commencing 6 months after the effective date of this act, bring a civil action against the private person or entity that caused the harm. The bill would require a private person or entity found liable to pay actual damages or liquidated damages, punitive damages, and reasonable attorneys fees and costs, as specified.This bill would require the court, without a public hearing, to seal these types of petitions, as specified, and all court records and papers associated with that proceeding, upon the request of the petitioner and a finding that a petitioner has met the criteria set forth in a specific California Rule of Court.This bill would make legislative findings and declarations in support of its provisions.Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Transgender and nonbinary people are experiencing a growing epidemic of discrimination, harassment, and violence in California and across the country.(b) According to the Department of Justice, hate crimes motivated by antitransgender bias increased by 10.2 percent between 2022 and 2023.(c) According to the UCLA School of Laws Williams Institute, in 2021, transgender people were over four times more likely to experience violent victimization, including rape, assault, and aggravated or simple assault, than their cisgender peers.(d) According to the 2022 U.S. Trans Survey, 30 percent of transgender respondents reported that they were verbally harassed, and 39 percent were harassed online, in the last 12 months because of their gender identity or expression.(e) Having personally identifying information exposed without their knowledge or consent puts transgender and nonbinary people at greater risk for harassment, discrimination, and violence.(f) Transgender people in the States of California, New York, and Washington and elsewhere have reported harassment and cyberbullying after their personal information was released online.(g) In 2023, California passed Assembly Bill 223 (Chapter 221 of the Statutes of 2023) (Ward), the Transgender Youth Privacy Act, which requires courts to keep all court records related to name and gender marker changes for minors confidential.(h) With harassment and violence against transgender and nonbinary people on the rise, and a federal administration that is openly hostile to the transgender community, it is imperative for California to expand these protections to safeguard the privacy and safety of all transgender and nonbinary Californians.(i) On October 29, 2024, the Court of Appeal for the Fifth Appellate District of California issued a unanimous decision for In re M.T. (2024) 106 Cal.App.5th 322 (M.T.), a case of first impression.(j) In its decision, the court found that petitioner M.T. had demonstrated that she met the criteria under subdivision (d) of California Rule of Court 2.550 for an order justifying the sealing of records.(k) The criteria for such sealing of records requires an express finding by the court of facts that establish (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest (subdivision (d) of California Rule of Court 2.550).(l) The court further found that petitioner M.T. cited studies showing transgender people are subject to violence, harassment, and discrimination, that she had provided evidence of harassment specifically directed against her, that she had been outed in a social media post that revealed her transgender identity along with other identifying information, that she had found her case record to be publicly available online, and that she had been the target of transphobic text messages sent to her.(m) The court also concluded that whether a transgender persons gender identity conforms with their assigned sex at birth is intimate personal information entitled to protection under the right to privacy. A transgender person thus has a privacy interest in concealing their transgender identity (In re M.T., 106 Cal.App.5th at 341).(n) It is the intent of the Legislature in enacting this act to include provisions that would codify the decision of the Court of Appeal for the Fifth Appellate District in M.T. and would clarify the decisions application in state law.(o) By codifying the Court of Appeal for the Fifth Appellate Districts unanimous ruling in M.T., this act ensures that important privacy protections regarding the sealing of records are available to all transgender individuals subject to violence, harassment, and discrimination.SEC. 2. Section 103437 of the Health and Safety Code is amended to read:103437. (a) The petition and any papers associated with a proceeding for a change of gender and sex identifier pursuant to Section 103430, for a single petition for change to the petitioners name and to recognize the change to the petitioners gender and sex identifier pursuant to Section 103435, or for a change of name to conform the petitioners name to the petitioners gender identity pursuant to Section 1277.5 of the Code of Civil Procedure shall be kept confidential by the court.(1) Until a judgment is issued, the court shall limit access to the court records in the proceeding, including the register of actions, to the petitioner, an adult who signed the petition, the petitioners parents, guardians, or guardians ad litem, if the petitioner was a minor at the time the petition was filed, an individual who is subject to service of an order to show cause related to the petition, and an attorney representing those individuals.(2) Upon granting the judgment, the court shall limit access to the court records in the proceeding, including the register of actions, to the petitioner, an adult who signed the petition, and an attorney representing those individuals.(b) Upon the request of the petitioner and a finding that a petitioner has met the criteria set forth in subdivision (d) of California Rule of Court 2.550, or a successor rule or provision addressing the same subject matter, the court shall, without a public hearing, seal an entire petition, as described in subdivision (a), and all court records and papers associated with the proceedings.(c) This section is retroactive and applies to all petitions and papers associated with the proceedings described in subdivision (a), regardless of the date of filing, including those that were filed prior to the effective date of the act that added this subdivision. The Judicial Council shall ensure that all courts have implemented a method to ensure the court maintains the confidentiality of all petitions and papers associated with the proceedings described in subdivision (a), regardless of the date of filing, including those that were filed prior to the effective date of the act that added this subdivision.(1) If a person or entity or the court discovers that a court record in the proceeding, including the register of actions, is not being kept confidential by the court, the court shall immediately take steps to make the record confidential as soon as it is brought to the courts attention and without a fee or requirement for a court order directing the correction. a person or entity may apply ex parte and without a fee to the court for an order to make those records confidential.(2) A confidential record pursuant to this section shall not be posted publicly, on the internet or otherwise, by a person other than the petitioner.(d) A violation of this section constitutes an injury. Commencing six months after the operative date of this act, a person or entity may institute proceedings for injunctive relief, declaratory relief, or a writ of mandate in a court of competent jurisdiction to enforce this section. A court shall award reasonable attorneys fees and costs to a plaintiff who prevails on a cause of action against a private party pursuant to this subdivision.(e) (1) In addition to any other sanctions, penalties, or remedies provided by law, commencing six months after the operative date of this act, a petitioner who has been harmed by a disclosure or continuing disclosure of confidential information in violation of this section, including, but not limited to, unauthorized access or sharing of confidential or sealed records, may bring a civil action in a court of competent jurisdiction against a private person or entity that caused the harm. A civil action pursuant to this subdivision may be brought by a petitioner or on behalf of a petitioner by the petitioners parent, guardian, or guardian ad litem, if the petitioner is a minor.(2) If a private person or entity is found liable in a cause of action brought pursuant to paragraph (1), the private person or entity shall be liable to the petitioner for all of the following:(A) Actual damages, but not less than liquidated damages in the amount of five thousand dollars ($5,000).(B) Punitive damages upon proof of willful or reckless disregard of the law.(C) Reasonable attorneys fees and costs.SEC. 3. The Legislature finds and declares that Section 2 of this act, which amends Section 103437 of the Health and Safety Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:It is in the best interest for the public to keep these records confidential to ensure the privacy and safety of transgender and nonbinary individuals who have experienced, and continue to experience, a growing epidemic of harassment and violence in California and across the country. According to the UCLA School of Laws Williams Institute, in 2021 transgender people were over four times more likely to experience violent victimization, including rape, assault, and aggravated or simple assault, than their cisgender peers. In 2022, the U.S. Transgender Survey found that nearly one-third (30 percent) of transgender respondents reported that they were verbally harassed in the last 12 months because of their gender identity or expression and, according to the Hate Crime in California 2023 report by the Department of Justice, between 2022 and 2023, hate crime events motivated by antitransgender bias increased by 10.2 percent. Being outed and having their personal information exposed puts transgender and nonbinary individuals at greater risk for harassment, discrimination, and violence. It also significantly increases their risk of mental health harms and suicide. According to a joint study conducted by researchers at Columbia University, Harvard University, the Williams Institute, and the Fenway Institute at Fenway Health, transgender adults are seven times more likely to contemplate suicide, four times more likely to attempt it, and eight times more likely to engage in nonsuicidal self-injury than cisgender adults. Allowing transgender individuals to choose when and how they decide to share their personal information is vital in protecting their mental and physical health.SEC. 4. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:To address the increase in discrimination, violence, harassment, and hate crimes motivated by antitransgender bias, in order to prevent their personal information being exposed by being nonconsensually outed, it is necessary that this act take effect immediately.
Amended IN Senate April 10, 2025 Amended IN Senate March 20, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 59Introduced by Senator Wiener(Coauthors: Senators Cabaldon, Cervantes, Laird, Padilla, and Prez)(Coauthors: Assembly Members Mark Gonzlez, Jackson, Lee, Solache, Ward, and Zbur)January 08, 2025 An act to amend Section 103437 of the Health and Safety Code, relating to vital records, and declaring the urgency thereof, to take effect immediately.LEGISLATIVE COUNSEL'S DIGESTSB 59, as amended, Wiener. Change of gender and sex identifier.Existing law authorizes a person to file a petition with the superior court seeking a judgment recognizing their change of gender to female, male, or nonbinary, including a person who is under 18 years of age. Existing law authorizes a person to file a single petition to simultaneously change the petitioners name and recognize the change to the petitioners gender and sex identifier, as specified. Existing law requires a petition for a change of gender and sex identifier or a single petition for change to the petitioners name and to recognize the change of the petitioners gender and sex identifier filed by a person under 18 years of age, and any papers associated with the proceeding, to be kept confidential by the court. Existing law requires the court to limit access to these records to specified individuals, including, among others, the minor, the minors parents, and their attorneys.This bill would expand that confidentiality to apply to all filed petitions, regardless of the age of the petitioner, and any papers associated with a proceeding for a change of gender and sex identifier, for a single petition for change to the petitioners name and to recognize the change to the petitioners gender and sex identifier, or for a change of name to conform the petitioners name to the petitioners gender identity, as specified. This bill would make these confidentiality requirements retroactive and require the Judicial Council to ensure that all courts have implemented a method to ensure the court maintains the confidentiality of these petitions and associated papers that were filed prior to the effective date of this act. The bill would require the court to immediately take steps to make a record confidential if a person or entity or the court authorize, if a person or entity discovers that a court record is not being kept confidential. confidential by the court, a person or entity to apply ex parte and without a fee to the court for an order to make those records confidential. The bill would prohibit those records from being posted publicly, on the internet or otherwise, by anyone other than the petitioner.This bill would make a violation of these confidentiality requirements an injury and, commencing 6 months after the effective date of this act, would authorize a person or entity to institute proceedings for injunctive relief, declaratory relief, or a writ of mandate to enforce them. The bill would require a court to award reasonable attorneys fees and costs to a plaintiff who prevails on a cause of action against a private party pursuant to this authority.This bill would also authorize a petitioner who has been harmed by a disclosure or continuing disclosure of confidential information in violation of these confidentiality requirements, as specified, to, commencing 6 months after the effective date of this act, bring a civil action against the private person or entity that caused the harm. The bill would require a private person or entity found liable to pay actual damages or liquidated damages, punitive damages, and reasonable attorneys fees and costs, as specified.This bill would require the court, without a public hearing, to seal these types of petitions, as specified, and all court records and papers associated with that proceeding, upon the request of the petitioner and a finding that a petitioner has met the criteria set forth in a specific California Rule of Court.This bill would make legislative findings and declarations in support of its provisions.Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Senate April 10, 2025 Amended IN Senate March 20, 2025
Amended IN Senate April 10, 2025
Amended IN Senate March 20, 2025
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Senate Bill
No. 59
Introduced by Senator Wiener(Coauthors: Senators Cabaldon, Cervantes, Laird, Padilla, and Prez)(Coauthors: Assembly Members Mark Gonzlez, Jackson, Lee, Solache, Ward, and Zbur)January 08, 2025
Introduced by Senator Wiener(Coauthors: Senators Cabaldon, Cervantes, Laird, Padilla, and Prez)(Coauthors: Assembly Members Mark Gonzlez, Jackson, Lee, Solache, Ward, and Zbur)
January 08, 2025
An act to amend Section 103437 of the Health and Safety Code, relating to vital records, and declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 59, as amended, Wiener. Change of gender and sex identifier.
Existing law authorizes a person to file a petition with the superior court seeking a judgment recognizing their change of gender to female, male, or nonbinary, including a person who is under 18 years of age. Existing law authorizes a person to file a single petition to simultaneously change the petitioners name and recognize the change to the petitioners gender and sex identifier, as specified. Existing law requires a petition for a change of gender and sex identifier or a single petition for change to the petitioners name and to recognize the change of the petitioners gender and sex identifier filed by a person under 18 years of age, and any papers associated with the proceeding, to be kept confidential by the court. Existing law requires the court to limit access to these records to specified individuals, including, among others, the minor, the minors parents, and their attorneys.This bill would expand that confidentiality to apply to all filed petitions, regardless of the age of the petitioner, and any papers associated with a proceeding for a change of gender and sex identifier, for a single petition for change to the petitioners name and to recognize the change to the petitioners gender and sex identifier, or for a change of name to conform the petitioners name to the petitioners gender identity, as specified. This bill would make these confidentiality requirements retroactive and require the Judicial Council to ensure that all courts have implemented a method to ensure the court maintains the confidentiality of these petitions and associated papers that were filed prior to the effective date of this act. The bill would require the court to immediately take steps to make a record confidential if a person or entity or the court authorize, if a person or entity discovers that a court record is not being kept confidential. confidential by the court, a person or entity to apply ex parte and without a fee to the court for an order to make those records confidential. The bill would prohibit those records from being posted publicly, on the internet or otherwise, by anyone other than the petitioner.This bill would make a violation of these confidentiality requirements an injury and, commencing 6 months after the effective date of this act, would authorize a person or entity to institute proceedings for injunctive relief, declaratory relief, or a writ of mandate to enforce them. The bill would require a court to award reasonable attorneys fees and costs to a plaintiff who prevails on a cause of action against a private party pursuant to this authority.This bill would also authorize a petitioner who has been harmed by a disclosure or continuing disclosure of confidential information in violation of these confidentiality requirements, as specified, to, commencing 6 months after the effective date of this act, bring a civil action against the private person or entity that caused the harm. The bill would require a private person or entity found liable to pay actual damages or liquidated damages, punitive damages, and reasonable attorneys fees and costs, as specified.This bill would require the court, without a public hearing, to seal these types of petitions, as specified, and all court records and papers associated with that proceeding, upon the request of the petitioner and a finding that a petitioner has met the criteria set forth in a specific California Rule of Court.This bill would make legislative findings and declarations in support of its provisions.Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.This bill would declare that it is to take effect immediately as an urgency statute.
Existing law authorizes a person to file a petition with the superior court seeking a judgment recognizing their change of gender to female, male, or nonbinary, including a person who is under 18 years of age. Existing law authorizes a person to file a single petition to simultaneously change the petitioners name and recognize the change to the petitioners gender and sex identifier, as specified. Existing law requires a petition for a change of gender and sex identifier or a single petition for change to the petitioners name and to recognize the change of the petitioners gender and sex identifier filed by a person under 18 years of age, and any papers associated with the proceeding, to be kept confidential by the court. Existing law requires the court to limit access to these records to specified individuals, including, among others, the minor, the minors parents, and their attorneys.
This bill would expand that confidentiality to apply to all filed petitions, regardless of the age of the petitioner, and any papers associated with a proceeding for a change of gender and sex identifier, for a single petition for change to the petitioners name and to recognize the change to the petitioners gender and sex identifier, or for a change of name to conform the petitioners name to the petitioners gender identity, as specified. This bill would make these confidentiality requirements retroactive and require the Judicial Council to ensure that all courts have implemented a method to ensure the court maintains the confidentiality of these petitions and associated papers that were filed prior to the effective date of this act. The bill would require the court to immediately take steps to make a record confidential if a person or entity or the court authorize, if a person or entity discovers that a court record is not being kept confidential. confidential by the court, a person or entity to apply ex parte and without a fee to the court for an order to make those records confidential. The bill would prohibit those records from being posted publicly, on the internet or otherwise, by anyone other than the petitioner.
This bill would make a violation of these confidentiality requirements an injury and, commencing 6 months after the effective date of this act, would authorize a person or entity to institute proceedings for injunctive relief, declaratory relief, or a writ of mandate to enforce them. The bill would require a court to award reasonable attorneys fees and costs to a plaintiff who prevails on a cause of action against a private party pursuant to this authority.
This bill would also authorize a petitioner who has been harmed by a disclosure or continuing disclosure of confidential information in violation of these confidentiality requirements, as specified, to, commencing 6 months after the effective date of this act, bring a civil action against the private person or entity that caused the harm. The bill would require a private person or entity found liable to pay actual damages or liquidated damages, punitive damages, and reasonable attorneys fees and costs, as specified.
This bill would require the court, without a public hearing, to seal these types of petitions, as specified, and all court records and papers associated with that proceeding, upon the request of the petitioner and a finding that a petitioner has met the criteria set forth in a specific California Rule of Court.
This bill would make legislative findings and declarations in support of its provisions.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
This bill would declare that it is to take effect immediately as an urgency statute.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Transgender and nonbinary people are experiencing a growing epidemic of discrimination, harassment, and violence in California and across the country.(b) According to the Department of Justice, hate crimes motivated by antitransgender bias increased by 10.2 percent between 2022 and 2023.(c) According to the UCLA School of Laws Williams Institute, in 2021, transgender people were over four times more likely to experience violent victimization, including rape, assault, and aggravated or simple assault, than their cisgender peers.(d) According to the 2022 U.S. Trans Survey, 30 percent of transgender respondents reported that they were verbally harassed, and 39 percent were harassed online, in the last 12 months because of their gender identity or expression.(e) Having personally identifying information exposed without their knowledge or consent puts transgender and nonbinary people at greater risk for harassment, discrimination, and violence.(f) Transgender people in the States of California, New York, and Washington and elsewhere have reported harassment and cyberbullying after their personal information was released online.(g) In 2023, California passed Assembly Bill 223 (Chapter 221 of the Statutes of 2023) (Ward), the Transgender Youth Privacy Act, which requires courts to keep all court records related to name and gender marker changes for minors confidential.(h) With harassment and violence against transgender and nonbinary people on the rise, and a federal administration that is openly hostile to the transgender community, it is imperative for California to expand these protections to safeguard the privacy and safety of all transgender and nonbinary Californians.(i) On October 29, 2024, the Court of Appeal for the Fifth Appellate District of California issued a unanimous decision for In re M.T. (2024) 106 Cal.App.5th 322 (M.T.), a case of first impression.(j) In its decision, the court found that petitioner M.T. had demonstrated that she met the criteria under subdivision (d) of California Rule of Court 2.550 for an order justifying the sealing of records.(k) The criteria for such sealing of records requires an express finding by the court of facts that establish (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest (subdivision (d) of California Rule of Court 2.550).(l) The court further found that petitioner M.T. cited studies showing transgender people are subject to violence, harassment, and discrimination, that she had provided evidence of harassment specifically directed against her, that she had been outed in a social media post that revealed her transgender identity along with other identifying information, that she had found her case record to be publicly available online, and that she had been the target of transphobic text messages sent to her.(m) The court also concluded that whether a transgender persons gender identity conforms with their assigned sex at birth is intimate personal information entitled to protection under the right to privacy. A transgender person thus has a privacy interest in concealing their transgender identity (In re M.T., 106 Cal.App.5th at 341).(n) It is the intent of the Legislature in enacting this act to include provisions that would codify the decision of the Court of Appeal for the Fifth Appellate District in M.T. and would clarify the decisions application in state law.(o) By codifying the Court of Appeal for the Fifth Appellate Districts unanimous ruling in M.T., this act ensures that important privacy protections regarding the sealing of records are available to all transgender individuals subject to violence, harassment, and discrimination.SEC. 2. Section 103437 of the Health and Safety Code is amended to read:103437. (a) The petition and any papers associated with a proceeding for a change of gender and sex identifier pursuant to Section 103430, for a single petition for change to the petitioners name and to recognize the change to the petitioners gender and sex identifier pursuant to Section 103435, or for a change of name to conform the petitioners name to the petitioners gender identity pursuant to Section 1277.5 of the Code of Civil Procedure shall be kept confidential by the court.(1) Until a judgment is issued, the court shall limit access to the court records in the proceeding, including the register of actions, to the petitioner, an adult who signed the petition, the petitioners parents, guardians, or guardians ad litem, if the petitioner was a minor at the time the petition was filed, an individual who is subject to service of an order to show cause related to the petition, and an attorney representing those individuals.(2) Upon granting the judgment, the court shall limit access to the court records in the proceeding, including the register of actions, to the petitioner, an adult who signed the petition, and an attorney representing those individuals.(b) Upon the request of the petitioner and a finding that a petitioner has met the criteria set forth in subdivision (d) of California Rule of Court 2.550, or a successor rule or provision addressing the same subject matter, the court shall, without a public hearing, seal an entire petition, as described in subdivision (a), and all court records and papers associated with the proceedings.(c) This section is retroactive and applies to all petitions and papers associated with the proceedings described in subdivision (a), regardless of the date of filing, including those that were filed prior to the effective date of the act that added this subdivision. The Judicial Council shall ensure that all courts have implemented a method to ensure the court maintains the confidentiality of all petitions and papers associated with the proceedings described in subdivision (a), regardless of the date of filing, including those that were filed prior to the effective date of the act that added this subdivision.(1) If a person or entity or the court discovers that a court record in the proceeding, including the register of actions, is not being kept confidential by the court, the court shall immediately take steps to make the record confidential as soon as it is brought to the courts attention and without a fee or requirement for a court order directing the correction. a person or entity may apply ex parte and without a fee to the court for an order to make those records confidential.(2) A confidential record pursuant to this section shall not be posted publicly, on the internet or otherwise, by a person other than the petitioner.(d) A violation of this section constitutes an injury. Commencing six months after the operative date of this act, a person or entity may institute proceedings for injunctive relief, declaratory relief, or a writ of mandate in a court of competent jurisdiction to enforce this section. A court shall award reasonable attorneys fees and costs to a plaintiff who prevails on a cause of action against a private party pursuant to this subdivision.(e) (1) In addition to any other sanctions, penalties, or remedies provided by law, commencing six months after the operative date of this act, a petitioner who has been harmed by a disclosure or continuing disclosure of confidential information in violation of this section, including, but not limited to, unauthorized access or sharing of confidential or sealed records, may bring a civil action in a court of competent jurisdiction against a private person or entity that caused the harm. A civil action pursuant to this subdivision may be brought by a petitioner or on behalf of a petitioner by the petitioners parent, guardian, or guardian ad litem, if the petitioner is a minor.(2) If a private person or entity is found liable in a cause of action brought pursuant to paragraph (1), the private person or entity shall be liable to the petitioner for all of the following:(A) Actual damages, but not less than liquidated damages in the amount of five thousand dollars ($5,000).(B) Punitive damages upon proof of willful or reckless disregard of the law.(C) Reasonable attorneys fees and costs.SEC. 3. The Legislature finds and declares that Section 2 of this act, which amends Section 103437 of the Health and Safety Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:It is in the best interest for the public to keep these records confidential to ensure the privacy and safety of transgender and nonbinary individuals who have experienced, and continue to experience, a growing epidemic of harassment and violence in California and across the country. According to the UCLA School of Laws Williams Institute, in 2021 transgender people were over four times more likely to experience violent victimization, including rape, assault, and aggravated or simple assault, than their cisgender peers. In 2022, the U.S. Transgender Survey found that nearly one-third (30 percent) of transgender respondents reported that they were verbally harassed in the last 12 months because of their gender identity or expression and, according to the Hate Crime in California 2023 report by the Department of Justice, between 2022 and 2023, hate crime events motivated by antitransgender bias increased by 10.2 percent. Being outed and having their personal information exposed puts transgender and nonbinary individuals at greater risk for harassment, discrimination, and violence. It also significantly increases their risk of mental health harms and suicide. According to a joint study conducted by researchers at Columbia University, Harvard University, the Williams Institute, and the Fenway Institute at Fenway Health, transgender adults are seven times more likely to contemplate suicide, four times more likely to attempt it, and eight times more likely to engage in nonsuicidal self-injury than cisgender adults. Allowing transgender individuals to choose when and how they decide to share their personal information is vital in protecting their mental and physical health.SEC. 4. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:To address the increase in discrimination, violence, harassment, and hate crimes motivated by antitransgender bias, in order to prevent their personal information being exposed by being nonconsensually outed, it is necessary that this act take effect immediately.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares all of the following:(a) Transgender and nonbinary people are experiencing a growing epidemic of discrimination, harassment, and violence in California and across the country.(b) According to the Department of Justice, hate crimes motivated by antitransgender bias increased by 10.2 percent between 2022 and 2023.(c) According to the UCLA School of Laws Williams Institute, in 2021, transgender people were over four times more likely to experience violent victimization, including rape, assault, and aggravated or simple assault, than their cisgender peers.(d) According to the 2022 U.S. Trans Survey, 30 percent of transgender respondents reported that they were verbally harassed, and 39 percent were harassed online, in the last 12 months because of their gender identity or expression.(e) Having personally identifying information exposed without their knowledge or consent puts transgender and nonbinary people at greater risk for harassment, discrimination, and violence.(f) Transgender people in the States of California, New York, and Washington and elsewhere have reported harassment and cyberbullying after their personal information was released online.(g) In 2023, California passed Assembly Bill 223 (Chapter 221 of the Statutes of 2023) (Ward), the Transgender Youth Privacy Act, which requires courts to keep all court records related to name and gender marker changes for minors confidential.(h) With harassment and violence against transgender and nonbinary people on the rise, and a federal administration that is openly hostile to the transgender community, it is imperative for California to expand these protections to safeguard the privacy and safety of all transgender and nonbinary Californians.(i) On October 29, 2024, the Court of Appeal for the Fifth Appellate District of California issued a unanimous decision for In re M.T. (2024) 106 Cal.App.5th 322 (M.T.), a case of first impression.(j) In its decision, the court found that petitioner M.T. had demonstrated that she met the criteria under subdivision (d) of California Rule of Court 2.550 for an order justifying the sealing of records.(k) The criteria for such sealing of records requires an express finding by the court of facts that establish (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest (subdivision (d) of California Rule of Court 2.550).(l) The court further found that petitioner M.T. cited studies showing transgender people are subject to violence, harassment, and discrimination, that she had provided evidence of harassment specifically directed against her, that she had been outed in a social media post that revealed her transgender identity along with other identifying information, that she had found her case record to be publicly available online, and that she had been the target of transphobic text messages sent to her.(m) The court also concluded that whether a transgender persons gender identity conforms with their assigned sex at birth is intimate personal information entitled to protection under the right to privacy. A transgender person thus has a privacy interest in concealing their transgender identity (In re M.T., 106 Cal.App.5th at 341).(n) It is the intent of the Legislature in enacting this act to include provisions that would codify the decision of the Court of Appeal for the Fifth Appellate District in M.T. and would clarify the decisions application in state law.(o) By codifying the Court of Appeal for the Fifth Appellate Districts unanimous ruling in M.T., this act ensures that important privacy protections regarding the sealing of records are available to all transgender individuals subject to violence, harassment, and discrimination.
SECTION 1. The Legislature finds and declares all of the following:(a) Transgender and nonbinary people are experiencing a growing epidemic of discrimination, harassment, and violence in California and across the country.(b) According to the Department of Justice, hate crimes motivated by antitransgender bias increased by 10.2 percent between 2022 and 2023.(c) According to the UCLA School of Laws Williams Institute, in 2021, transgender people were over four times more likely to experience violent victimization, including rape, assault, and aggravated or simple assault, than their cisgender peers.(d) According to the 2022 U.S. Trans Survey, 30 percent of transgender respondents reported that they were verbally harassed, and 39 percent were harassed online, in the last 12 months because of their gender identity or expression.(e) Having personally identifying information exposed without their knowledge or consent puts transgender and nonbinary people at greater risk for harassment, discrimination, and violence.(f) Transgender people in the States of California, New York, and Washington and elsewhere have reported harassment and cyberbullying after their personal information was released online.(g) In 2023, California passed Assembly Bill 223 (Chapter 221 of the Statutes of 2023) (Ward), the Transgender Youth Privacy Act, which requires courts to keep all court records related to name and gender marker changes for minors confidential.(h) With harassment and violence against transgender and nonbinary people on the rise, and a federal administration that is openly hostile to the transgender community, it is imperative for California to expand these protections to safeguard the privacy and safety of all transgender and nonbinary Californians.(i) On October 29, 2024, the Court of Appeal for the Fifth Appellate District of California issued a unanimous decision for In re M.T. (2024) 106 Cal.App.5th 322 (M.T.), a case of first impression.(j) In its decision, the court found that petitioner M.T. had demonstrated that she met the criteria under subdivision (d) of California Rule of Court 2.550 for an order justifying the sealing of records.(k) The criteria for such sealing of records requires an express finding by the court of facts that establish (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest (subdivision (d) of California Rule of Court 2.550).(l) The court further found that petitioner M.T. cited studies showing transgender people are subject to violence, harassment, and discrimination, that she had provided evidence of harassment specifically directed against her, that she had been outed in a social media post that revealed her transgender identity along with other identifying information, that she had found her case record to be publicly available online, and that she had been the target of transphobic text messages sent to her.(m) The court also concluded that whether a transgender persons gender identity conforms with their assigned sex at birth is intimate personal information entitled to protection under the right to privacy. A transgender person thus has a privacy interest in concealing their transgender identity (In re M.T., 106 Cal.App.5th at 341).(n) It is the intent of the Legislature in enacting this act to include provisions that would codify the decision of the Court of Appeal for the Fifth Appellate District in M.T. and would clarify the decisions application in state law.(o) By codifying the Court of Appeal for the Fifth Appellate Districts unanimous ruling in M.T., this act ensures that important privacy protections regarding the sealing of records are available to all transgender individuals subject to violence, harassment, and discrimination.
SECTION 1. The Legislature finds and declares all of the following:
### SECTION 1.
(a) Transgender and nonbinary people are experiencing a growing epidemic of discrimination, harassment, and violence in California and across the country.
(b) According to the Department of Justice, hate crimes motivated by antitransgender bias increased by 10.2 percent between 2022 and 2023.
(c) According to the UCLA School of Laws Williams Institute, in 2021, transgender people were over four times more likely to experience violent victimization, including rape, assault, and aggravated or simple assault, than their cisgender peers.
(d) According to the 2022 U.S. Trans Survey, 30 percent of transgender respondents reported that they were verbally harassed, and 39 percent were harassed online, in the last 12 months because of their gender identity or expression.
(e) Having personally identifying information exposed without their knowledge or consent puts transgender and nonbinary people at greater risk for harassment, discrimination, and violence.
(f) Transgender people in the States of California, New York, and Washington and elsewhere have reported harassment and cyberbullying after their personal information was released online.
(g) In 2023, California passed Assembly Bill 223 (Chapter 221 of the Statutes of 2023) (Ward), the Transgender Youth Privacy Act, which requires courts to keep all court records related to name and gender marker changes for minors confidential.
(h) With harassment and violence against transgender and nonbinary people on the rise, and a federal administration that is openly hostile to the transgender community, it is imperative for California to expand these protections to safeguard the privacy and safety of all transgender and nonbinary Californians.
(i) On October 29, 2024, the Court of Appeal for the Fifth Appellate District of California issued a unanimous decision for In re M.T. (2024) 106 Cal.App.5th 322 (M.T.), a case of first impression.
(j) In its decision, the court found that petitioner M.T. had demonstrated that she met the criteria under subdivision (d) of California Rule of Court 2.550 for an order justifying the sealing of records.
(k) The criteria for such sealing of records requires an express finding by the court of facts that establish (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest (subdivision (d) of California Rule of Court 2.550).
(l) The court further found that petitioner M.T. cited studies showing transgender people are subject to violence, harassment, and discrimination, that she had provided evidence of harassment specifically directed against her, that she had been outed in a social media post that revealed her transgender identity along with other identifying information, that she had found her case record to be publicly available online, and that she had been the target of transphobic text messages sent to her.
(m) The court also concluded that whether a transgender persons gender identity conforms with their assigned sex at birth is intimate personal information entitled to protection under the right to privacy. A transgender person thus has a privacy interest in concealing their transgender identity (In re M.T., 106 Cal.App.5th at 341).
(n) It is the intent of the Legislature in enacting this act to include provisions that would codify the decision of the Court of Appeal for the Fifth Appellate District in M.T. and would clarify the decisions application in state law.
(o) By codifying the Court of Appeal for the Fifth Appellate Districts unanimous ruling in M.T., this act ensures that important privacy protections regarding the sealing of records are available to all transgender individuals subject to violence, harassment, and discrimination.
SEC. 2. Section 103437 of the Health and Safety Code is amended to read:103437. (a) The petition and any papers associated with a proceeding for a change of gender and sex identifier pursuant to Section 103430, for a single petition for change to the petitioners name and to recognize the change to the petitioners gender and sex identifier pursuant to Section 103435, or for a change of name to conform the petitioners name to the petitioners gender identity pursuant to Section 1277.5 of the Code of Civil Procedure shall be kept confidential by the court.(1) Until a judgment is issued, the court shall limit access to the court records in the proceeding, including the register of actions, to the petitioner, an adult who signed the petition, the petitioners parents, guardians, or guardians ad litem, if the petitioner was a minor at the time the petition was filed, an individual who is subject to service of an order to show cause related to the petition, and an attorney representing those individuals.(2) Upon granting the judgment, the court shall limit access to the court records in the proceeding, including the register of actions, to the petitioner, an adult who signed the petition, and an attorney representing those individuals.(b) Upon the request of the petitioner and a finding that a petitioner has met the criteria set forth in subdivision (d) of California Rule of Court 2.550, or a successor rule or provision addressing the same subject matter, the court shall, without a public hearing, seal an entire petition, as described in subdivision (a), and all court records and papers associated with the proceedings.(c) This section is retroactive and applies to all petitions and papers associated with the proceedings described in subdivision (a), regardless of the date of filing, including those that were filed prior to the effective date of the act that added this subdivision. The Judicial Council shall ensure that all courts have implemented a method to ensure the court maintains the confidentiality of all petitions and papers associated with the proceedings described in subdivision (a), regardless of the date of filing, including those that were filed prior to the effective date of the act that added this subdivision.(1) If a person or entity or the court discovers that a court record in the proceeding, including the register of actions, is not being kept confidential by the court, the court shall immediately take steps to make the record confidential as soon as it is brought to the courts attention and without a fee or requirement for a court order directing the correction. a person or entity may apply ex parte and without a fee to the court for an order to make those records confidential.(2) A confidential record pursuant to this section shall not be posted publicly, on the internet or otherwise, by a person other than the petitioner.(d) A violation of this section constitutes an injury. Commencing six months after the operative date of this act, a person or entity may institute proceedings for injunctive relief, declaratory relief, or a writ of mandate in a court of competent jurisdiction to enforce this section. A court shall award reasonable attorneys fees and costs to a plaintiff who prevails on a cause of action against a private party pursuant to this subdivision.(e) (1) In addition to any other sanctions, penalties, or remedies provided by law, commencing six months after the operative date of this act, a petitioner who has been harmed by a disclosure or continuing disclosure of confidential information in violation of this section, including, but not limited to, unauthorized access or sharing of confidential or sealed records, may bring a civil action in a court of competent jurisdiction against a private person or entity that caused the harm. A civil action pursuant to this subdivision may be brought by a petitioner or on behalf of a petitioner by the petitioners parent, guardian, or guardian ad litem, if the petitioner is a minor.(2) If a private person or entity is found liable in a cause of action brought pursuant to paragraph (1), the private person or entity shall be liable to the petitioner for all of the following:(A) Actual damages, but not less than liquidated damages in the amount of five thousand dollars ($5,000).(B) Punitive damages upon proof of willful or reckless disregard of the law.(C) Reasonable attorneys fees and costs.
SEC. 2. Section 103437 of the Health and Safety Code is amended to read:
### SEC. 2.
103437. (a) The petition and any papers associated with a proceeding for a change of gender and sex identifier pursuant to Section 103430, for a single petition for change to the petitioners name and to recognize the change to the petitioners gender and sex identifier pursuant to Section 103435, or for a change of name to conform the petitioners name to the petitioners gender identity pursuant to Section 1277.5 of the Code of Civil Procedure shall be kept confidential by the court.(1) Until a judgment is issued, the court shall limit access to the court records in the proceeding, including the register of actions, to the petitioner, an adult who signed the petition, the petitioners parents, guardians, or guardians ad litem, if the petitioner was a minor at the time the petition was filed, an individual who is subject to service of an order to show cause related to the petition, and an attorney representing those individuals.(2) Upon granting the judgment, the court shall limit access to the court records in the proceeding, including the register of actions, to the petitioner, an adult who signed the petition, and an attorney representing those individuals.(b) Upon the request of the petitioner and a finding that a petitioner has met the criteria set forth in subdivision (d) of California Rule of Court 2.550, or a successor rule or provision addressing the same subject matter, the court shall, without a public hearing, seal an entire petition, as described in subdivision (a), and all court records and papers associated with the proceedings.(c) This section is retroactive and applies to all petitions and papers associated with the proceedings described in subdivision (a), regardless of the date of filing, including those that were filed prior to the effective date of the act that added this subdivision. The Judicial Council shall ensure that all courts have implemented a method to ensure the court maintains the confidentiality of all petitions and papers associated with the proceedings described in subdivision (a), regardless of the date of filing, including those that were filed prior to the effective date of the act that added this subdivision.(1) If a person or entity or the court discovers that a court record in the proceeding, including the register of actions, is not being kept confidential by the court, the court shall immediately take steps to make the record confidential as soon as it is brought to the courts attention and without a fee or requirement for a court order directing the correction. a person or entity may apply ex parte and without a fee to the court for an order to make those records confidential.(2) A confidential record pursuant to this section shall not be posted publicly, on the internet or otherwise, by a person other than the petitioner.(d) A violation of this section constitutes an injury. Commencing six months after the operative date of this act, a person or entity may institute proceedings for injunctive relief, declaratory relief, or a writ of mandate in a court of competent jurisdiction to enforce this section. A court shall award reasonable attorneys fees and costs to a plaintiff who prevails on a cause of action against a private party pursuant to this subdivision.(e) (1) In addition to any other sanctions, penalties, or remedies provided by law, commencing six months after the operative date of this act, a petitioner who has been harmed by a disclosure or continuing disclosure of confidential information in violation of this section, including, but not limited to, unauthorized access or sharing of confidential or sealed records, may bring a civil action in a court of competent jurisdiction against a private person or entity that caused the harm. A civil action pursuant to this subdivision may be brought by a petitioner or on behalf of a petitioner by the petitioners parent, guardian, or guardian ad litem, if the petitioner is a minor.(2) If a private person or entity is found liable in a cause of action brought pursuant to paragraph (1), the private person or entity shall be liable to the petitioner for all of the following:(A) Actual damages, but not less than liquidated damages in the amount of five thousand dollars ($5,000).(B) Punitive damages upon proof of willful or reckless disregard of the law.(C) Reasonable attorneys fees and costs.
103437. (a) The petition and any papers associated with a proceeding for a change of gender and sex identifier pursuant to Section 103430, for a single petition for change to the petitioners name and to recognize the change to the petitioners gender and sex identifier pursuant to Section 103435, or for a change of name to conform the petitioners name to the petitioners gender identity pursuant to Section 1277.5 of the Code of Civil Procedure shall be kept confidential by the court.(1) Until a judgment is issued, the court shall limit access to the court records in the proceeding, including the register of actions, to the petitioner, an adult who signed the petition, the petitioners parents, guardians, or guardians ad litem, if the petitioner was a minor at the time the petition was filed, an individual who is subject to service of an order to show cause related to the petition, and an attorney representing those individuals.(2) Upon granting the judgment, the court shall limit access to the court records in the proceeding, including the register of actions, to the petitioner, an adult who signed the petition, and an attorney representing those individuals.(b) Upon the request of the petitioner and a finding that a petitioner has met the criteria set forth in subdivision (d) of California Rule of Court 2.550, or a successor rule or provision addressing the same subject matter, the court shall, without a public hearing, seal an entire petition, as described in subdivision (a), and all court records and papers associated with the proceedings.(c) This section is retroactive and applies to all petitions and papers associated with the proceedings described in subdivision (a), regardless of the date of filing, including those that were filed prior to the effective date of the act that added this subdivision. The Judicial Council shall ensure that all courts have implemented a method to ensure the court maintains the confidentiality of all petitions and papers associated with the proceedings described in subdivision (a), regardless of the date of filing, including those that were filed prior to the effective date of the act that added this subdivision.(1) If a person or entity or the court discovers that a court record in the proceeding, including the register of actions, is not being kept confidential by the court, the court shall immediately take steps to make the record confidential as soon as it is brought to the courts attention and without a fee or requirement for a court order directing the correction. a person or entity may apply ex parte and without a fee to the court for an order to make those records confidential.(2) A confidential record pursuant to this section shall not be posted publicly, on the internet or otherwise, by a person other than the petitioner.(d) A violation of this section constitutes an injury. Commencing six months after the operative date of this act, a person or entity may institute proceedings for injunctive relief, declaratory relief, or a writ of mandate in a court of competent jurisdiction to enforce this section. A court shall award reasonable attorneys fees and costs to a plaintiff who prevails on a cause of action against a private party pursuant to this subdivision.(e) (1) In addition to any other sanctions, penalties, or remedies provided by law, commencing six months after the operative date of this act, a petitioner who has been harmed by a disclosure or continuing disclosure of confidential information in violation of this section, including, but not limited to, unauthorized access or sharing of confidential or sealed records, may bring a civil action in a court of competent jurisdiction against a private person or entity that caused the harm. A civil action pursuant to this subdivision may be brought by a petitioner or on behalf of a petitioner by the petitioners parent, guardian, or guardian ad litem, if the petitioner is a minor.(2) If a private person or entity is found liable in a cause of action brought pursuant to paragraph (1), the private person or entity shall be liable to the petitioner for all of the following:(A) Actual damages, but not less than liquidated damages in the amount of five thousand dollars ($5,000).(B) Punitive damages upon proof of willful or reckless disregard of the law.(C) Reasonable attorneys fees and costs.
103437. (a) The petition and any papers associated with a proceeding for a change of gender and sex identifier pursuant to Section 103430, for a single petition for change to the petitioners name and to recognize the change to the petitioners gender and sex identifier pursuant to Section 103435, or for a change of name to conform the petitioners name to the petitioners gender identity pursuant to Section 1277.5 of the Code of Civil Procedure shall be kept confidential by the court.(1) Until a judgment is issued, the court shall limit access to the court records in the proceeding, including the register of actions, to the petitioner, an adult who signed the petition, the petitioners parents, guardians, or guardians ad litem, if the petitioner was a minor at the time the petition was filed, an individual who is subject to service of an order to show cause related to the petition, and an attorney representing those individuals.(2) Upon granting the judgment, the court shall limit access to the court records in the proceeding, including the register of actions, to the petitioner, an adult who signed the petition, and an attorney representing those individuals.(b) Upon the request of the petitioner and a finding that a petitioner has met the criteria set forth in subdivision (d) of California Rule of Court 2.550, or a successor rule or provision addressing the same subject matter, the court shall, without a public hearing, seal an entire petition, as described in subdivision (a), and all court records and papers associated with the proceedings.(c) This section is retroactive and applies to all petitions and papers associated with the proceedings described in subdivision (a), regardless of the date of filing, including those that were filed prior to the effective date of the act that added this subdivision. The Judicial Council shall ensure that all courts have implemented a method to ensure the court maintains the confidentiality of all petitions and papers associated with the proceedings described in subdivision (a), regardless of the date of filing, including those that were filed prior to the effective date of the act that added this subdivision.(1) If a person or entity or the court discovers that a court record in the proceeding, including the register of actions, is not being kept confidential by the court, the court shall immediately take steps to make the record confidential as soon as it is brought to the courts attention and without a fee or requirement for a court order directing the correction. a person or entity may apply ex parte and without a fee to the court for an order to make those records confidential.(2) A confidential record pursuant to this section shall not be posted publicly, on the internet or otherwise, by a person other than the petitioner.(d) A violation of this section constitutes an injury. Commencing six months after the operative date of this act, a person or entity may institute proceedings for injunctive relief, declaratory relief, or a writ of mandate in a court of competent jurisdiction to enforce this section. A court shall award reasonable attorneys fees and costs to a plaintiff who prevails on a cause of action against a private party pursuant to this subdivision.(e) (1) In addition to any other sanctions, penalties, or remedies provided by law, commencing six months after the operative date of this act, a petitioner who has been harmed by a disclosure or continuing disclosure of confidential information in violation of this section, including, but not limited to, unauthorized access or sharing of confidential or sealed records, may bring a civil action in a court of competent jurisdiction against a private person or entity that caused the harm. A civil action pursuant to this subdivision may be brought by a petitioner or on behalf of a petitioner by the petitioners parent, guardian, or guardian ad litem, if the petitioner is a minor.(2) If a private person or entity is found liable in a cause of action brought pursuant to paragraph (1), the private person or entity shall be liable to the petitioner for all of the following:(A) Actual damages, but not less than liquidated damages in the amount of five thousand dollars ($5,000).(B) Punitive damages upon proof of willful or reckless disregard of the law.(C) Reasonable attorneys fees and costs.
103437. (a) The petition and any papers associated with a proceeding for a change of gender and sex identifier pursuant to Section 103430, for a single petition for change to the petitioners name and to recognize the change to the petitioners gender and sex identifier pursuant to Section 103435, or for a change of name to conform the petitioners name to the petitioners gender identity pursuant to Section 1277.5 of the Code of Civil Procedure shall be kept confidential by the court.
(1) Until a judgment is issued, the court shall limit access to the court records in the proceeding, including the register of actions, to the petitioner, an adult who signed the petition, the petitioners parents, guardians, or guardians ad litem, if the petitioner was a minor at the time the petition was filed, an individual who is subject to service of an order to show cause related to the petition, and an attorney representing those individuals.
(2) Upon granting the judgment, the court shall limit access to the court records in the proceeding, including the register of actions, to the petitioner, an adult who signed the petition, and an attorney representing those individuals.
(b) Upon the request of the petitioner and a finding that a petitioner has met the criteria set forth in subdivision (d) of California Rule of Court 2.550, or a successor rule or provision addressing the same subject matter, the court shall, without a public hearing, seal an entire petition, as described in subdivision (a), and all court records and papers associated with the proceedings.
(c) This section is retroactive and applies to all petitions and papers associated with the proceedings described in subdivision (a), regardless of the date of filing, including those that were filed prior to the effective date of the act that added this subdivision. The Judicial Council shall ensure that all courts have implemented a method to ensure the court maintains the confidentiality of all petitions and papers associated with the proceedings described in subdivision (a), regardless of the date of filing, including those that were filed prior to the effective date of the act that added this subdivision.
(1) If a person or entity or the court discovers that a court record in the proceeding, including the register of actions, is not being kept confidential by the court, the court shall immediately take steps to make the record confidential as soon as it is brought to the courts attention and without a fee or requirement for a court order directing the correction. a person or entity may apply ex parte and without a fee to the court for an order to make those records confidential.
(2) A confidential record pursuant to this section shall not be posted publicly, on the internet or otherwise, by a person other than the petitioner.
(d) A violation of this section constitutes an injury. Commencing six months after the operative date of this act, a person or entity may institute proceedings for injunctive relief, declaratory relief, or a writ of mandate in a court of competent jurisdiction to enforce this section. A court shall award reasonable attorneys fees and costs to a plaintiff who prevails on a cause of action against a private party pursuant to this subdivision.
(e) (1) In addition to any other sanctions, penalties, or remedies provided by law, commencing six months after the operative date of this act, a petitioner who has been harmed by a disclosure or continuing disclosure of confidential information in violation of this section, including, but not limited to, unauthorized access or sharing of confidential or sealed records, may bring a civil action in a court of competent jurisdiction against a private person or entity that caused the harm. A civil action pursuant to this subdivision may be brought by a petitioner or on behalf of a petitioner by the petitioners parent, guardian, or guardian ad litem, if the petitioner is a minor.
(2) If a private person or entity is found liable in a cause of action brought pursuant to paragraph (1), the private person or entity shall be liable to the petitioner for all of the following:
(A) Actual damages, but not less than liquidated damages in the amount of five thousand dollars ($5,000).
(B) Punitive damages upon proof of willful or reckless disregard of the law.
(C) Reasonable attorneys fees and costs.
SEC. 3. The Legislature finds and declares that Section 2 of this act, which amends Section 103437 of the Health and Safety Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:It is in the best interest for the public to keep these records confidential to ensure the privacy and safety of transgender and nonbinary individuals who have experienced, and continue to experience, a growing epidemic of harassment and violence in California and across the country. According to the UCLA School of Laws Williams Institute, in 2021 transgender people were over four times more likely to experience violent victimization, including rape, assault, and aggravated or simple assault, than their cisgender peers. In 2022, the U.S. Transgender Survey found that nearly one-third (30 percent) of transgender respondents reported that they were verbally harassed in the last 12 months because of their gender identity or expression and, according to the Hate Crime in California 2023 report by the Department of Justice, between 2022 and 2023, hate crime events motivated by antitransgender bias increased by 10.2 percent. Being outed and having their personal information exposed puts transgender and nonbinary individuals at greater risk for harassment, discrimination, and violence. It also significantly increases their risk of mental health harms and suicide. According to a joint study conducted by researchers at Columbia University, Harvard University, the Williams Institute, and the Fenway Institute at Fenway Health, transgender adults are seven times more likely to contemplate suicide, four times more likely to attempt it, and eight times more likely to engage in nonsuicidal self-injury than cisgender adults. Allowing transgender individuals to choose when and how they decide to share their personal information is vital in protecting their mental and physical health.
SEC. 3. The Legislature finds and declares that Section 2 of this act, which amends Section 103437 of the Health and Safety Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:It is in the best interest for the public to keep these records confidential to ensure the privacy and safety of transgender and nonbinary individuals who have experienced, and continue to experience, a growing epidemic of harassment and violence in California and across the country. According to the UCLA School of Laws Williams Institute, in 2021 transgender people were over four times more likely to experience violent victimization, including rape, assault, and aggravated or simple assault, than their cisgender peers. In 2022, the U.S. Transgender Survey found that nearly one-third (30 percent) of transgender respondents reported that they were verbally harassed in the last 12 months because of their gender identity or expression and, according to the Hate Crime in California 2023 report by the Department of Justice, between 2022 and 2023, hate crime events motivated by antitransgender bias increased by 10.2 percent. Being outed and having their personal information exposed puts transgender and nonbinary individuals at greater risk for harassment, discrimination, and violence. It also significantly increases their risk of mental health harms and suicide. According to a joint study conducted by researchers at Columbia University, Harvard University, the Williams Institute, and the Fenway Institute at Fenway Health, transgender adults are seven times more likely to contemplate suicide, four times more likely to attempt it, and eight times more likely to engage in nonsuicidal self-injury than cisgender adults. Allowing transgender individuals to choose when and how they decide to share their personal information is vital in protecting their mental and physical health.
SEC. 3. The Legislature finds and declares that Section 2 of this act, which amends Section 103437 of the Health and Safety Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
### SEC. 3.
It is in the best interest for the public to keep these records confidential to ensure the privacy and safety of transgender and nonbinary individuals who have experienced, and continue to experience, a growing epidemic of harassment and violence in California and across the country. According to the UCLA School of Laws Williams Institute, in 2021 transgender people were over four times more likely to experience violent victimization, including rape, assault, and aggravated or simple assault, than their cisgender peers. In 2022, the U.S. Transgender Survey found that nearly one-third (30 percent) of transgender respondents reported that they were verbally harassed in the last 12 months because of their gender identity or expression and, according to the Hate Crime in California 2023 report by the Department of Justice, between 2022 and 2023, hate crime events motivated by antitransgender bias increased by 10.2 percent. Being outed and having their personal information exposed puts transgender and nonbinary individuals at greater risk for harassment, discrimination, and violence. It also significantly increases their risk of mental health harms and suicide. According to a joint study conducted by researchers at Columbia University, Harvard University, the Williams Institute, and the Fenway Institute at Fenway Health, transgender adults are seven times more likely to contemplate suicide, four times more likely to attempt it, and eight times more likely to engage in nonsuicidal self-injury than cisgender adults. Allowing transgender individuals to choose when and how they decide to share their personal information is vital in protecting their mental and physical health.
SEC. 4. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:To address the increase in discrimination, violence, harassment, and hate crimes motivated by antitransgender bias, in order to prevent their personal information being exposed by being nonconsensually outed, it is necessary that this act take effect immediately.
SEC. 4. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:To address the increase in discrimination, violence, harassment, and hate crimes motivated by antitransgender bias, in order to prevent their personal information being exposed by being nonconsensually outed, it is necessary that this act take effect immediately.
SEC. 4. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
### SEC. 4.
To address the increase in discrimination, violence, harassment, and hate crimes motivated by antitransgender bias, in order to prevent their personal information being exposed by being nonconsensually outed, it is necessary that this act take effect immediately.