California 2019-2020 Regular Session Status: Enacted 2 D cosponsors

SB 495 — Child custody.

Last action — Chaptered by Secretary of State. Chapter 551, Statutes of 2019.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 21, 2019. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 6 sponsors

    1 primary, 5 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 D).

  • 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

Existing law governs the determination of child custody and visitation in contested proceedings. Existing law requires the court, for purposes of deciding custody, to determine the best interests of the child based on certain factors, including the nature and amount of contact with both parents, and consistent with specified findings, including that the court's primary concern must be to ensure the health, safety, and welfare of the child. Existing law further provides that custody should be granted in a specified order of preference, according to the best interests of the child. Existing law prohibits the court, in granting custody to either parent, from preferring a parent as custodian because of the parent's sex. This bill would prohibit the court from considering the sex, gender identity, gender expression, or sexual orientation of a parent, legal guardian, or relative in determining the best interests of a child for the purpose of granting custody, and would make related findings.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 551, Statutes of 2019.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 2 p.m.

  4. Assembly amendments concurred in. (Ayes 32. Noes 0. Page 2436.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 62. Noes 0. Page 2845.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended.

  9. Read second time. Ordered to third reading.

  10. From committee: Do pass. (Ayes 9. Noes 0.) (June 4).

  11. Referred to Com. on JUD.

  12. In Assembly. Read first time. Held at Desk.

  13. Read third time. Passed. (Ayes 30. Noes 0. Page 592.) Ordered to the Assembly.

  14. Read second time. Ordered to third reading.

  15. From committee: Do pass. (Ayes 7. Noes 0. Page 553.) (April 2).

  16. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  17. Set for hearing April 2.

  18. Referred to Com. on JUD.

  19. From printer. May be acted upon on or after March 24.

  20. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 5 co-sponsors · 116 not signed on

Sponsors (1)

Co-sponsors (5)

Not signed on (116)

116 members have not signed on to this bill.

Show all 116 →

"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 32 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 22005
Democratic 10000
Republican 0003
Total 32008
% of votes cast 80%0%0%20%
How each member voted (40)
Member Party Vote
Rubio — Yea
Monning — Yea
Wieckowski — Yea
Mitchell — Yea
Bradford — Yea
Wilk — Yea
Beall — Yea
Atkins — Yea
Hill — Yea
Roth — Yea
Hueso — Yea
Leyva — Yea
Dodd — Yea
Skinner — Yea
Allen — Yea
Galgiani — Yea
Hertzberg — Yea
Portantino — Yea
Glazer — Yea
Nielsen — Yea
Chang — Yea
Pan — Yea
Moorlach — Not Voting
Borgeas — Not Voting
Bates — Not Voting
Morrell — Not Voting
Mark Stone — Not Voting
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Not Voting
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Not Voting

Official roll call →

Passed 62 Yea · 0 Nay · 17 Other
Party YeaNayPresentNot Voting
Unaffiliated 390013
Democratic 22000
Republican 1004
Total 620017
% of votes cast 78%0%0%22%
How each member voted (79)
Member Party Vote
Salas — Yea
Mayes — Yea
Frazier — Yea
Cooley — Yea
Smith — Yea
Gonzalez — Yea
Chau — Yea
Gloria — Yea
Bloom — Yea
Rodriguez — Yea
Santiago — Yea
Chiu — Yea
Gray — Yea
Holden — Yea
Daly — Yea
Eggman — Yea
Maienschein — Yea
Jones-Sawyer — Yea
Quirk — Yea
Mullin — Yea
Friedman — Yea
Ting — Yea
Kamlager-Dove — Yea
Levine — Yea
McCarty — Yea
Low — Yea
Nazarian — Yea
Burke — Yea
Cooper — Yea
Wood — Yea
Medina — Yea
Rendon — Yea
Chu — Yea
O'Donnell — Yea
Fong — Not Voting
Voepel — Not Voting
Brough — Not Voting
Kiley — Not Voting
Obernolte — Not Voting
Mathis — Not Voting
Bigelow — Not Voting
Melendez — Not Voting
Cunningham — Not Voting
Weber — Not Voting
Diep — Not Voting
Waldron — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Not Voting
Flora, Heath Republican Not Voting
Gallagher, James Republican Not Voting
Lackey, Tom Republican Yea

Official roll call →

Do pass.

Passed 9 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 6002
Democratic 3000
Republican 0001
Total 9003
% of votes cast 75%0%0%25%
How each member voted (12)
Member Party Vote
Chiu — Yea
Maienschein — Yea
Holden — Yea
Gonzalez — Yea
Chau — Yea
Fong — Not Voting
Obernolte — Not Voting
Mark Stone — Yea
Kalra, Ash Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Not Voting

Official roll call →

Passed 30 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 21006
Democratic 9000
Republican 0002
Total 30008
% of votes cast 79%0%0%21%
How each member voted (38)
Member Party Vote
Rubio — Yea
Monning — Yea
Wieckowski — Yea
Mitchell — Yea
Bradford — Yea
Wilk — Yea
Beall — Yea
Atkins — Yea
Hill — Yea
Roth — Yea
Hueso — Yea
Leyva — Yea
Dodd — Yea
Skinner — Yea
Allen — Yea
Galgiani — Yea
Hertzberg — Yea
Portantino — Yea
Glazer — Yea
Chang — Yea
Pan — Yea
Moorlach — Not Voting
Borgeas — Not Voting
Bates — Not Voting
Morrell — Not Voting
Nielsen — Not Voting
Mark Stone — Not Voting
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Not Voting

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 495 do?
Existing law governs the determination of child custody and visitation in contested proceedings. Existing law requires the court, for purposes of deciding custody, to determine the best interests of the child based on certain factors, including the nature and amount of contact with both parents, and consistent with specified findings, including that the court's primary concern must be to ensure the health, safety, and welfare of the child. Existing law further provides that custody should be granted in a specified order of preference, according to the best interests of the child. Existing law prohibits the court, in granting custody to either parent, from preferring a parent as custodian because of the parent's sex. This bill would prohibit the court from considering the sex, gender identity, gender expression, or sexual orientation of a parent, legal guardian, or relative in determining the best interests of a child for the purpose of granting custody, and would make related findings.
Who sponsors SB 495?
SB 495 is sponsored by Durazo, Maria Elena (Democratic), Atkins, Galgiani, Wiener, Scott D. (Democratic), Eggman, and Gloria.
What is the current status of SB 495?
This bill has been enacted into law. Introduced February 21, 2019. Enacted.
Where can I track SB 495?
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