Child custody.
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SB 495 — Child custody.
Last action — Chaptered by Secretary of State. Chapter 551, Statutes of 2019.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed Assembly
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 21, 2019. 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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6 sponsors
1 primary, 5 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (2 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
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
- Chaptered 10/07/19 - Chaptered Current pdf October 07, 2019
- Enrolled 09/04/19 - Enrolled pdf September 04, 2019
- Amended 08/19/19 - Amended Assembly pdf August 19, 2019
- Amended 03/25/19 - Amended Senate pdf March 25, 2019
- Introduced 02/21/19 - Introduced pdf February 21, 2019
- SB495 View text html
Action History
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Chaptered by Secretary of State. Chapter 551, Statutes of 2019.
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Approved by the Governor.
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Enrolled and presented to the Governor at 2 p.m.
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Assembly amendments concurred in. (Ayes 32. Noes 0. Page 2436.) Ordered to engrossing and enrolling.
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In Senate. Concurrence in Assembly amendments pending.
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Read third time. Passed. (Ayes 62. Noes 0. Page 2845.) Ordered to the Senate.
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Ordered to third reading.
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Read third time and amended.
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Read second time. Ordered to third reading.
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From committee: Do pass. (Ayes 9. Noes 0.) (June 4).
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Referred to Com. on JUD.
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In Assembly. Read first time. Held at Desk.
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Read third time. Passed. (Ayes 30. Noes 0. Page 592.) Ordered to the Assembly.
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Read second time. Ordered to third reading.
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From committee: Do pass. (Ayes 7. Noes 0. Page 553.) (April 2).
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From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
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Set for hearing April 2.
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Referred to Com. on JUD.
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From printer. May be acted upon on or after March 24.
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Introduced. Read first time. To Com. on RLS. for assignment. To print.
Sponsors
- Maria Elena Durazo · Primary
- Atkins · Cosponsor
- Galgiani · Cosponsor
- Scott D. Wiener · Cosponsor
- Eggman · Cosponsor
- Gloria · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 5 co-sponsors · 116 not signed on
Sponsors (1)
- Durazo, Maria Elena Democratic
Co-sponsors (5)
- Atkins
- Galgiani
- Wiener, Scott D. Democratic
- Eggman
- Gloria
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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 22 | 0 | 0 | 5 |
| Democratic | 10 | 0 | 0 | 0 |
| Republican | 0 | 0 | 0 | 3 |
| Total | 32 | 0 | 0 | 8 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 39 | 0 | 0 | 13 |
| Democratic | 22 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 4 |
| Total | 62 | 0 | 0 | 17 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 0 | 0 | 2 |
| Democratic | 3 | 0 | 0 | 0 |
| Republican | 0 | 0 | 0 | 1 |
| Total | 9 | 0 | 0 | 3 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 21 | 0 | 0 | 6 |
| Democratic | 9 | 0 | 0 | 0 |
| Republican | 0 | 0 | 0 | 2 |
| Total | 30 | 0 | 0 | 8 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 4 | 0 | 0 | 0 |
| Unaffiliated | 3 | 0 | 0 | 1 |
| Total | 7 | 0 | 0 | 1 |
| % of votes cast | 88% | 0% | 0% | 13% |
How each member voted (8)
| Member | Party | Vote |
|---|---|---|
| Allen | — | Yea |
| Monning | — | Yea |
| Wieckowski | — | Yea |
| Borgeas | — | Not Voting |
| Caballero, Anna M. | Democratic | Yea |
| Jackson, Corey A. | Democratic | Yea |
| Stern, Henry I. | Democratic | Yea |
| Umberg, Thomas J. | Democratic | Yea |
Subjects
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?
- Track SB 495 free on One Click Politics — get push/email alerts when it moves.
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