AB 433 — Birth certificates: issuance.
Last action — Chaptered by Secretary of State - Chapter 718, Statutes of 2011.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 14, 2011. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 D).
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Cleared a recorded vote
Passed 5 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Under existing law, whenever a person born in this state has undergone surgical treatment for the purpose of altering his or her sexual characteristics to those of the opposite sex, a new birth certificate may be prepared reflecting the change of gender and any change of name. A petition for the issuance of a new birth certificate is permitted to be filed in the superior court of the county in which the petitioner resides. Existing law requires the petition to be accompanied by an affidavit of the physician documenting the sex change and allows for the filing of objections by any person who can, in those objections, show good cause against the change in birth certificate. This bill would instead authorize a person who has undergone clinically appropriate treatment for the purpose of gender transition to file a petition in any superior court to recognize the change in gender and, additionally, if applicable, a name change and request for a new birth certificate. The bill would make the physician's affidavit conclusive proof of gender change if it contains specified language. The bill would delete the provisions of existing law that authorize the filing of objections, and would require the court to grant the petition if the affidavit shows that the petitioner has undergone clinically appropriate treatment for the purpose of gender transition. The bill would also make related changes.
Bill Text
- Chaptered 10/09/11 - Chaptered Current pdf October 09, 2011
- Enrolled 08/24/11 - Enrolled pdf August 24, 2011
- Amended 06/10/11 - Amended Senate pdf June 10, 2011
- Amended 03/29/11 - Amended Assembly pdf March 29, 2011
- Introduced 02/14/11 - Introduced pdf February 14, 2011
- AB433 View text html
Action History
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Chaptered by Secretary of State - Chapter 718, Statutes of 2011.
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Approved by the Governor.
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Enrolled and presented to the Governor at 3:30 p.m.
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Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 51. Noes 26. Page 2482.).
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In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 12 pursuant to Assembly Rule 77.
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Read third time. Passed. Ordered to the Assembly. (Ayes 23. Noes 13. Page 1848.).
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Read second time and amended. Ordered to third reading.
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From committee: Do pass as amended. (Ayes 4. Noes 1.) (June 7).
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Referred to Com. on JUD.
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In Senate. Read first time. To Com. on RLS. for assignment.
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Read third time. Passed. Ordered to the Senate. (Ayes 52. Noes 22. Page 1230.)
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Read second time. Ordered to third reading.
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Read second time and amended. Ordered to second reading.
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From committee: Do pass as amended. (Ayes 7. Noes 3.) (March 22).
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Referred to Com. on JUD.
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From printer. May be heard in committee March 17.
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Read first time. To print.
Sponsors
- Josh Lowenthal · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on · 6 voted No
Sponsors (1)
- Lowenthal, Josh Democratic
Co-sponsors (0)
None.
Not signed on (121)
121 members have not signed on to this bill.
Show all 121 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 50 | 24 | 0 | 3 |
| Republican | 0 | 2 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 51 | 26 | 0 | 3 |
| % of votes cast | 64% | 33% | 0% | 4% |
How each member voted (80)
| Member | Party | Vote |
|---|---|---|
| Gordon | — | Yea |
| Hagman | — | Nay |
| Butler | — | Yea |
| Yamada | — | Yea |
| Furutani | — | Not Voting |
| Garrick | — | Nay |
| Campos | — | Yea |
| Portantino | — | Yea |
| John A. Pérez | — | Yea |
| Mitchell | — | Yea |
| Gatto | — | Yea |
| Fletcher | — | Yea |
| Gorell | — | Not Voting |
| Chesbro | — | Yea |
| Halderman | — | Nay |
| Bonilla | — | Yea |
| Atkins | — | Yea |
| Hall | — | Yea |
| Conway | — | Nay |
| Hayashi | — | Yea |
| Cook | — | Nay |
| Beall | — | Yea |
| Davis | — | Yea |
| Donnelly | — | Nay |
| Huffman | — | Yea |
| Jeffries | — | Nay |
| Knight | — | Nay |
| Mendoza | — | Yea |
| Miller | — | Nay |
| Monning | — | Yea |
| Nestande | — | Nay |
| Nielsen | — | Nay |
| Norby | — | Nay |
| Pan | — | Yea |
| Silva | — | Nay |
| Skinner | — | Yea |
| Solorio | — | Yea |
| Torres | — | Yea |
| Wagner | — | Nay |
| Wieckowski | — | Yea |
| Feuer | — | Yea |
| Fong | — | Yea |
| Allen | — | Yea |
| Alejo | — | Yea |
| Carter | — | Yea |
| Cedillo | — | Yea |
| Huber | — | Yea |
| Perea | — | Yea |
| Swanson | — | Yea |
| Williams | — | Yea |
| Achadjian | — | Nay |
| Ammiano | — | Yea |
| Block | — | Yea |
| Blumenfield | — | Yea |
| Bradford | — | Yea |
| Brownley | — | Yea |
| Buchanan | — | Yea |
| Harkey | — | Nay |
| Hill | — | Yea |
| Hueso | — | Yea |
| Lara | — | Yea |
| Logue | — | Nay |
| Ma | — | Yea |
| Mansoor | — | Nay |
| Morrell | — | Nay |
| Olsen | — | Nay |
| Smyth | — | Nay |
| Valadao | — | Nay |
| Eng | — | Yea |
| Dickinson | — | Yea |
| Fuentes | — | Yea |
| Galgiani | — | Not Voting |
| Beth Gaines | — | Nay |
| Bill Berryhill | — | Nay |
| Bonnie Lowenthal | — | Yea |
| Roger Hernández | — | Yea |
| V. Manuel Pérez | — | Yea |
| Calderon, Lisa | Democratic | Yea |
| Grove, Shannon | Republican | Nay |
| Jones, Brian W. | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 21 | 12 | 0 | 4 |
| Democratic | 2 | 0 | 0 | 0 |
| Republican | 0 | 1 | 0 | 0 |
| Total | 23 | 13 | 0 | 4 |
| % of votes cast | 58% | 33% | 0% | 10% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Yee | — | Yea |
| Evans | — | Not Voting |
| Fuller | — | Nay |
| Lowenthal | — | Yea |
| De León | — | Yea |
| Negrete McLeod | — | Yea |
| Hancock | — | Yea |
| Harman | — | Not Voting |
| Hernandez | — | Yea |
| Cannella | — | Nay |
| Runner | — | Nay |
| Rubio | — | Not Voting |
| Kehoe | — | Yea |
| Anderson | — | Nay |
| Blakeslee | — | Nay |
| Corbett | — | Yea |
| Dutton | — | Nay |
| Leno | — | Yea |
| Lieu | — | Yea |
| Pavley | — | Yea |
| Steinberg | — | Yea |
| Vargas | — | Yea |
| Walters | — | Nay |
| Wolk | — | Yea |
| Wright | — | Yea |
| Alquist | — | Yea |
| Huff | — | Nay |
| Liu | — | Yea |
| Price | — | Yea |
| Simitian | — | Yea |
| Wyland | — | Nay |
| Emmerson | — | Nay |
| Correa | — | Yea |
| DeSaulnier | — | Yea |
| Beth Gaines | — | Not Voting |
| Bill Berryhill | — | Nay |
| La Malfa | — | Nay |
| Calderon, Lisa | Democratic | Yea |
| Padilla, Stephen C. | Democratic | Yea |
| Strickland, Tony | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 4 | 1 | 0 | 0 |
| Total | 4 | 1 | 0 | 0 |
| % of votes cast | 80% | 20% | 0% | 0% |
How each member voted (5)
| Member | Party | Vote |
|---|---|---|
| Evans | — | Yea |
| Corbett | — | Yea |
| Harman | — | Nay |
| Blakeslee | — | Yea |
| Leno | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 49 | 21 | 0 | 4 |
| Democratic | 3 | 0 | 0 | 0 |
| Republican | 0 | 1 | 0 | 1 |
| Total | 52 | 22 | 0 | 5 |
| % of votes cast | 66% | 28% | 0% | 6% |
How each member voted (79)
| Member | Party | Vote |
|---|---|---|
| Halderman | — | Nay |
| Feuer | — | Yea |
| Galgiani | — | Yea |
| Butler | — | Yea |
| Gordon | — | Yea |
| Hall | — | Yea |
| Carter | — | Yea |
| Hayashi | — | Yea |
| Huber | — | Yea |
| Hueso | — | Yea |
| Huffman | — | Yea |
| Ma | — | Yea |
| Cedillo | — | Yea |
| Portantino | — | Yea |
| John A. Pérez | — | Yea |
| Mitchell | — | Yea |
| Fletcher | — | Yea |
| Chesbro | — | Yea |
| Davis | — | Yea |
| Pan | — | Yea |
| Perea | — | Yea |
| Skinner | — | Yea |
| Swanson | — | Yea |
| Torres | — | Yea |
| Williams | — | Yea |
| Bonilla | — | Yea |
| Yamada | — | Yea |
| Atkins | — | Yea |
| Gorell | — | Not Voting |
| Campos | — | Yea |
| Hagman | — | Nay |
| Harkey | — | Nay |
| Jeffries | — | Nay |
| Knight | — | Nay |
| Lara | — | Yea |
| Logue | — | Nay |
| Mendoza | — | Yea |
| Miller | — | Nay |
| Block | — | Yea |
| Donnelly | — | Nay |
| Monning | — | Yea |
| Morrell | — | Nay |
| Nielsen | — | Not Voting |
| Norby | — | Nay |
| Smyth | — | Nay |
| Solorio | — | Yea |
| Valadao | — | Nay |
| Wagner | — | Nay |
| Wieckowski | — | Yea |
| Achadjian | — | Nay |
| Alejo | — | Yea |
| Ammiano | — | Yea |
| Beall | — | Yea |
| Blumenfield | — | Yea |
| Bradford | — | Yea |
| Brownley | — | Yea |
| Buchanan | — | Yea |
| Hill | — | Yea |
| Mansoor | — | Nay |
| Nestande | — | Nay |
| Olsen | — | Nay |
| Silva | — | Nay |
| Conway | — | Nay |
| Cook | — | Nay |
| Eng | — | Yea |
| Dickinson | — | Yea |
| Fuentes | — | Yea |
| Furutani | — | Not Voting |
| Garrick | — | Not Voting |
| Gatto | — | Yea |
| Bill Berryhill | — | Nay |
| Bonnie Lowenthal | — | Yea |
| Roger Hernández | — | Yea |
| V. Manuel Pérez | — | Yea |
| Allen, Benjamin | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Fong, Mike | Democratic | Yea |
| Grove, Shannon | Republican | Nay |
| Jones, Brian W. | Republican | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 7 | 2 | 0 | 0 |
| Republican | 0 | 1 | 0 | 0 |
| Total | 7 | 3 | 0 | 0 |
| % of votes cast | 70% | 30% | 0% | 0% |
How each member voted (10)
| Member | Party | Vote |
|---|---|---|
| Atkins | — | Yea |
| Huffman | — | Yea |
| Monning | — | Yea |
| Silva | — | Nay |
| Wieckowski | — | Yea |
| Huber | — | Yea |
| Wagner | — | Nay |
| Feuer | — | Yea |
| Dickinson | — | Yea |
| Jones, Brian W. | Republican | Nay |
Subjects
Frequently asked questions
- What does AB 433 do?
- Under existing law, whenever a person born in this state has undergone surgical treatment for the purpose of altering his or her sexual characteristics to those of the opposite sex, a new birth certificate may be prepared reflecting the change of gender and any change of name. A petition for the issuance of a new birth certificate is permitted to be filed in the superior court of the county in which the petitioner resides. Existing law requires the petition to be accompanied by an affidavit of the physician documenting the sex change and allows for the filing of objections by any person who can, in those objections, show good cause against the change in birth certificate. This bill would instead authorize a person who has undergone clinically appropriate treatment for the purpose of gender transition to file a petition in any superior court to recognize the change in gender and, additionally, if applicable, a name change and request for a new birth certificate. The bill would make the physician's affidavit conclusive proof of gender change if it contains specified language. The bill would delete the provisions of existing law that authorize the filing of objections, and would require the court to grant the petition if the affidavit shows that the petitioner has undergone clinically appropriate treatment for the purpose of gender transition. The bill would also make related changes.
- Who sponsors AB 433?
- AB 433 is sponsored by Lowenthal, Josh (Democratic).
- What is the current status of AB 433?
- This bill has been enacted into law. Introduced February 14, 2011. Enacted.
- Where can I track AB 433?
- Track AB 433 free on One Click Politics — get push/email alerts when it moves.
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