SB 404 California Senate · 2023-2024 Regular Session

Prohibiting underage, unauthorized marriages.

Summary
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 victim's 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, 18 years of age or older, to knowingly and willfully sanction or 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 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.
Bill status passed 3 of 5 stages cleared
Introduction
Feb 2023
Committee Review
Sep 2023
Senate Passage
May 2023
Assembly Passage
Governor
Introduced Feb 9, 2023 Last action Sep 1, 2023
Floor votes · Senate May 24, 2023

How they voted

400
Passed
Total votes 40
May 24, 2023
D Democratic31
31 Yea
100% Yea
R Republican9
9 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
22
Key actions
8
Committee
6
Amendments
5
Sep 1, 2023
Lower · Passed
September 1 hearing: Held in committee and under submission.
lower
Jun 29, 2023
Lower · Passed
Read second time and amended. Re-referred to Com. on APPR.
lower
Jun 28, 2023
Lower · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (June 27).
lower
Jun 1, 2023
Committee
Referred to Com. on PUB. S.
lower
May 24, 2023
Upper · Passed
Read third time. Passed. (Ayes 40. Noes 0. Page 1265.) Ordered to the Assembly.
upper
May 18, 2023
Upper · Passed
Read second time and amended. Ordered to second reading.
upper
May 18, 2023
Upper · Passed
From committee: Do pass as amended. (Ayes 7. Noes 0. Page 1169.) (May 18).
upper
Apr 26, 2023
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0. Page 901.) (April 25). Re-referred to Com. on APPR.
upper
Mar 29, 2023
Committee
Re-referred to Com. on PUB S.
upper
Mar 23, 2023
Committee
Re-referred to Com. on RLS.
upper
Mar 22, 2023
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
upper
Feb 22, 2023
Committee
Referred to Com. on JUD.
upper
Feb 9, 2023
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 3 co-sponsors

Sponsors