Scott D. Wiener
- Democratic
- Senator
- District 11
Author
(1) The United States Constitution generally requires a state to give full faith and credit to the public acts, records, and judicial proceedings of every other state. Existing law authorizes, upon the demand made by another state, the extradition of a person charged with committing an act in this state that results in a crime in the demanding state, as specified. Existing law sets forth procedures by which a person may enforce a judgment for the payment of money and child custody orders issued by the court of a state other than California. Existing law authorizes a California court or attorney to issue a subpoena if a foreign subpoena has been sought in this state. Existing law generally prohibits a provider of health care, a health care service plan, or a contractor from disclosing medical information regarding a patient, enrollee, or subscriber without first obtaining an authorization, unless a specified exception applies, including that the disclosure is in response to a subpoena. This bill would prohibit a provider of health care, a health care service plan, or a contractor from releasing medical information related to a person or entity allowing a child to receive gender-affirming health care or gender-affirming mental health care in response to a criminal or civil action, including a foreign subpoena, based on another state's law that authorizes a person to bring a civil or criminal action against a person or entity that allows a child to receive gender-affirming health care or gender-affirming mental health care. The bill additionally would prohibit law enforcement agencies from knowingly making or participating in the arrest or extradition of an individual pursuant to an out-of-state arrest warrant based on another state's law against providing, receiving, or allowing a child to receive gender-affirming health care or gender-affirming mental health care in this state, as specified. (2) Existing law, known as the Uniform Child Custody Jurisdiction and Enforcement Act, provides the state exclusive jurisdictional basis for making an initial child custody determination, and permits a California court to assume temporary emergency jurisdiction in specified circumstances. Existing law permits a court to decline to exercise its jurisdiction if it determines that it is an inconvenient forum and a court in another state is a more appropriate forum. Existing law permits a California court to decline to exercise its jurisdiction if the petitioner has wrongfully taken the child from another state or engaged in similar reprehensible conduct, except as specified. Existing law prohibits a court from considering the taking or retention of a child from a person who has legal custody of the child if there is evidence that the taking or retention was a result of domestic violence. The bill would prohibit the enforcement of an order based on another state's law authorizing a child to be removed from their parent or guardian based on that parent or guardian allowing their child to receive gender-affirming health care or gender-affirming mental health care. The bill would prohibit a court from finding that it is an inconvenient forum where the law or policy of another state that may take jurisdiction limits the ability of a parent to obtain gender-affirming health care or gender-affirming mental health care, as defined, and the provision of such care is at issue in the case before the court. The bill would authorize a court to take temporary jurisdiction because a child has been unable to obtain gender-affirming health care. The bill would additionally prohibit a court from considering the taking or retention of a child from a person who has legal custody of the child, if the taking or retention was for obtaining gender-affirming health care or mental health care. The bill would declare its provisions to be severable. (3) This bill would incorporate additional changes to Sections 2029.300 and 2029.350 of the Code of Civil Procedure proposed by AB 2091 to be operative only if this bill and AB 2091 are enacted and this bill is enacted last.
Chaptered by Secretary of State. Chapter 810, Statutes of 2022.
Approved by the Governor.
Enrolled and presented to the Governor at 3 p.m.
Assembly amendments concurred in. (Ayes 30. Noes 9. Page 5371.) Ordered to engrossing and enrolling.
Set for hearing August 30.
From committee: That the Assembly amendments be concurred in. (Ayes 8. Noes 2. Page 5347.)
Read third time. Passed. Ordered to the Senate.
From committee: Be re-referred to Com. on JUD. pursuant to Senate Rule 29.10(d). (Ayes 5. Noes 0. Page 5201.) Re-referred to Com. on JUD.
Re-referred to Com. on RLS pursuant to Senate Rule 29.10(d).
In Senate. Concurrence in Assembly amendments pending.
Ordered to third reading.
Read third time and amended.
Ordered to third reading.
Read third time and amended. (Ayes 56. Noes 17. Page 6000.)
Read third time and amended. (Ayes 52. Noes 18. Page 5780.)
Ordered to third reading.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 11. Noes 4.) (August 3).
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 28).
From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 7. Noes 1.) (June 8). Re-referred to Com. on PUB. S.
Coauthors revised.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 32. Noes 0. Page 2723.) Ordered to the Assembly.
Read second time. Ordered to third reading.
From inactive file on motion of Senator Wiener.
Ordered to second reading.
Ordered to inactive file on request of Senator Wiener.
Read second time. Ordered to third reading.
From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
Set for hearing March 22.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0. Page 422.) (March 9). Re-referred to Com. on APPR.
Set for hearing March 9.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on HUMAN S.
Read first time.
From printer. May be acted upon on or after February 5.
Introduced. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB107 | HTML |
| 01/05/21 - Introduced | |
| 02/18/21 - Amended Senate | |
| 04/28/22 - Amended Assembly | |
| 06/01/22 - Amended Assembly | |
| 06/29/22 - Amended Assembly | |
| 08/08/22 - Amended Assembly | |
| 08/22/22 - Amended Assembly | |
| 08/25/22 - Amended Assembly | |
| 09/06/22 - Enrolled | |
| 09/29/22 - Chaptered |
| Document | Format |
|---|---|
| 03/05/21- Senate Human Services | |
| 01/05/22- Sen. Floor Analyses | |
| 06/05/22- Assembly Judiciary | |
| 06/27/22- Assembly Public Safety | |
| 08/01/22- Assembly Appropriations | |
| 08/05/22- ASSEMBLY FLOOR ANALYSIS | |
| 08/10/22- ASSEMBLY FLOOR ANALYSIS | |
| 08/22/22- ASSEMBLY FLOOR ANALYSIS | |
| 08/26/22- ASSEMBLY FLOOR ANALYSIS | |
| 08/29/22- Senate Judiciary | PDF PDF |
| 08/30/22- Sen. Floor Analyses |
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