California 2023-2024 Regular Session Status: Passed Senate Bipartisan · 4 D · 1 R cosponsors

SB 404 — Prohibiting underage, unauthorized marriages.

Last action — September 1 hearing: Held in committee and under submission.

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

This bill died with 2023-2024 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

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 Text

Action History

  1. September 1 hearing: Held in committee and under submission.

  2. July 12 set for first hearing. Placed on APPR. suspense file.

  3. Read second time and amended. Re-referred to Com. on APPR.

  4. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (June 27).

  5. Referred to Com. on PUB. S.

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

  7. Read third time. Passed. (Ayes 40. Noes 0. Page 1265.) Ordered to the Assembly.

  8. Read second time. Ordered to third reading.

  9. Read second time and amended. Ordered to second reading.

  10. From committee: Do pass as amended. (Ayes 7. Noes 0. Page 1169.) (May 18).

  11. Set for hearing May 18.

  12. May 8 hearing: Placed on APPR suspense file.

  13. Set for hearing May 8.

  14. 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.

  15. Set for hearing April 25.

  16. Re-referred to Com. on PUB S.

  17. Re-referred to Com. on RLS.

  18. Withdrawn from committee.

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

  20. Referred to Com. on JUD.

  21. From printer. May be acted upon on or after March 12.

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

Sponsors

Sponsorship breakdown

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1 sponsors · 4 co-sponsors · 117 not signed on

Sponsors (1)

Co-sponsors (4)

Not signed on (117)

117 members have not signed on to this bill.

Show all 117 →

"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

Do pass as amended and be re-referred to the Committee on [Appropriations]

Passed 8 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 4000
Unaffiliated 2000
Republican 2000
Total 8000
% of votes cast 100%0%0%0%
How each member voted (8)
Member Party Vote
Jones-Sawyer — Yea
Santiago — Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Jackson, Corey A. Democratic Yea
Ortega, Liz Democratic Yea
Alanis, Juan Republican Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11000
Democratic 22000
Republican 7000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Roth — Yea
Atkins — Yea
Portantino — Yea
Newman — Yea
Min — Yea
Wilk — Yea
Eggman — Yea
Glazer — Yea
Dodd — Yea
Bradford — Yea
Skinner — Yea
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Ashby, Angelique V. Democratic Yea
Becker, Josh Democratic Yea
Blakespear, Catherine S. Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Menjivar, Caroline Democratic Yea
Nguyen, Stephanie Democratic Yea
Padilla, Stephen C. Democratic Yea
Rubio, Susan Democratic Yea
Smallwood-Cuevas, Lola Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Wiener, Scott D. Democratic Yea
Alvarado-Gil, Marie Republican Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea
Seyarto, Kelly Republican Yea

Official roll call →

Subjects

civil-rights
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 404 do?
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.
Who sponsors SB 404?
SB 404 is sponsored by Blakespear, Catherine S. (Democratic), Gonzalez, Lena A. (Democratic), Ochoa Bogh, Rosilicie (Republican), Wahab, Aisha (Democratic), and Rubio, Susan (Democratic).
What is the current status of SB 404?
This bill died with 2023-2024 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 404?
Track SB 404 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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