Coerced marriage., the official text

An act to amend, repeal, and add Section 2211 of the Family Code, and to amend Section 265 of the Penal Code, relating to marriage.

LEGISLATIVE COUNSEL'S DIGEST

(1) Existing law makes it a crime for a person to take a woman unlawfully, against her will, and by force, menace, or duress, compel her to marry that person, to marry any other person, or to be defiled, as specified.
This bill would eliminate the crime of compelling a person to be defiled. The bill would specify that the crime of compelling a person to marry shall be applied equally regardless of the age of the victim of a forced marriage at the time of the forced marriage.
(2) Existing law provides that a marriage is voidable and may be adjudged a nullity if certain conditions existed at the time of the marriage, including, among others, the party commencing the proceeding was under the age of consent, either party was of unsound mind, the consent of either party was obtained by fraud or by force, or either party was, at the marriage, physically incapable of entering into the marriage state, and that incapacity continues, and appears to be incurable. Existing law requires a proceeding to obtain a judgment of nullity of marriage for the causes described above to be commenced by specified parties within specified periods, including, among others, by the party whose consent was obtained by fraud or by force, within 4 years after the marriage.
This bill would, commencing January 1, 2027, authorize a court to grant permission, upon a showing of good cause, for a party to proceed with a petition for nullity of marriage that is filed beyond the relevant filing period if the party’s consent to the marriage was obtained by force. The bill would require the Judicial Council to modify or develop the forms necessary to implement those provisions.

The people of the State of California do enact as follows:

SECTION 1.
Section 2211 of the Family Code is amended to read:
2211.
A proceeding to obtain a judgment of nullity of marriage, for causes set forth in Section 2210, must be commenced within the periods and by the parties, as follows:
(a) For causes mentioned in subdivision (a) of Section 2210, by any of the following:
(1) The party to the marriage who was married under the age of legal consent, within four years after arriving at the age of consent.
(2) A parent, guardian, conservator, or other person having charge of the minor, at any time before the married minor has arrived at the age of legal consent.
(b) For causes mentioned in subdivision (b) of Section 2210, by either of the following:
(1) Either party during the life of the other.
(2) The former spouse.
(c) For causes mentioned in subdivision (c) of Section 2210, by the party injured, or by a relative or conservator of the party of unsound mind, at any time before the death of either party.
(d) For causes mentioned in subdivision (d) of Section 2210, by the party whose consent was obtained by fraud, within four years after the discovery of the facts constituting the fraud.
(e) For causes mentioned in subdivision (e) of Section 2210, by the party whose consent was obtained by force, within four years after the marriage.
(f) For causes mentioned in subdivision (f) of Section 2210, by the injured party, within four years after the marriage.
(g) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.

SEC. 2.
Section 2211 is added to the Family Code, to read:
2211.
A proceeding to obtain a judgment of nullity of marriage, for causes set forth in Section 2210, shall be commenced within the periods and by the parties, as follows:
(a) For causes mentioned in subdivision (a) of Section 2210, by any of the following:
(1) The party to the marriage who was married under the age of legal consent, within four years after arriving at the age of consent.
(2) A parent, guardian, conservator, or other person having charge of the minor, at any time before the married minor has arrived at the age of legal consent.
(b) For causes mentioned in subdivision (b) of Section 2210, by either of the following:
(1) Either party during the life of the other.
(2) The former spouse.
(c) For causes mentioned in subdivision (c) of Section 2210, by the party injured, or by a relative or conservator of the party of unsound mind, at any time before the death of either party.
(d) For causes mentioned in subdivision (d) of Section 2210, by the party whose consent was obtained by fraud, within four years after the discovery of the facts constituting the fraud.
(e) For causes mentioned in subdivision (e) of Section 2210, by the party whose consent was obtained by force, within four years after the marriage.
(f) For causes mentioned in subdivision (f) of Section 2210, by the injured party, within four years after the marriage.
(g) (1) If the petition for nullity of marriage on the grounds identified in subdivision (e) is filed beyond the relevant period provided, a court may grant permission for a party to proceed with the petition upon a showing of good cause.
(2) The Judicial Council shall modify or develop the forms necessary to implement this subdivision.
(h) This section shall become operative on January 1, 2027.

SEC. 3.
Section 265 of the Penal Code is amended to read:
265.
(a) A person who compels another person, unlawfully, against their will, and by force, menace, or duress, to marry them or to marry another person shall be punished by imprisonment pursuant to subdivision (h) of Section 1170.
(b) This section shall be applied equally regardless of the age of the victim of a forced marriage at the time of the forced marriage.