Scott Wiener
- Democratic
- Senator
- District 11
Author
Existing law authorizes a person to file a petition with the superior court seeking a judgment recognizing their change of gender to female, male, or nonbinary, including a person who is under 18 years of age. Existing law authorizes a person to file a single petition to simultaneously change the petitioner's name and recognize the change to the petitioner's gender and sex identifier, as specified. Existing law requires that either of those petitions, if filed by a person under 18 years of age, and any papers associated with the proceeding, be kept confidential by the court. Existing law requires the court to limit access to these records to specified individuals, including, among others, the minor, the minor's parents, and their attorney. This bill would expand the above-described confidentiality protections to other petitioners regardless of age. The bill would also expand these protections to court records associated with a proceeding under separate provisions of existing law for a change of name to conform a petitioner's name to their gender identity. The bill would require the court to limit access to the court records in these proceedings to certain individuals, as specified. The bill would apply these confidentiality provisions in the case of (1) a petition filed on or after July 1, 2026; (2) a petition filed before July 1, 2026, if the petitioner files a request to keep the records confidential, as specified; or (3) records that were previously made confidential by statute or otherwise. The bill would prohibit a person or private entity, other than the petitioner, from publicly posting one of the above-described confidential records on the internet or otherwise. The bill would make a violation of these confidentiality requirements an injury and, commencing 6 months after the effective date of this bill, would authorize a person or entity to institute proceedings for injunctive relief, declaratory relief, or a writ of mandate to enforce them. The bill would require a court to award reasonable attorney's fees and costs to a plaintiff who prevails on a cause of action against a private party pursuant to this authority. The bill would also authorize a petitioner who has been harmed by a disclosure or continuing disclosure of records, as specified, to, commencing 6 months after the effective date of this bill, bring a civil action against a person or private entity that caused the harm. The bill would require a person or private entity found liable to pay actual damages or statutory damages, punitive damages, and reasonable attorney's fees and costs, as specified. The bill would, on or before July 1, 2026, require the Judicial Council, as necessary, to develop forms and rules to implement the bill's provisions. Under the bill, nothing in these provisions would preclude a court from granting a motion to seal all court records of a person's change of name or gender and sex identifier, or both, pursuant to a specified California Rule of Court. The bill would state that whether a transgender person's gender identity conforms with their assigned sex at birth is intimate personal information entitled to protection under the right to privacy, and that a transgender person has a privacy interest in concealing their transgender identity. The bill would make legislative findings and declarations in support of its provisions. The bill would declare that its provisions are severable. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. This bill would declare that it is to take effect immediately as an urgency statute.
Chaptered by Secretary of State. Chapter 738, Statutes of 2025.
Approved by the Governor.
Enrolled and presented to the Governor at 2 p.m.
Assembly amendments concurred in. (Ayes 29. Noes 8. Page 3036.) Ordered to engrossing and enrolling.
In Senate. Concurrence in Assembly amendments pending.
Read third time. Urgency clause adopted. Passed. (Ayes 60. Noes 16. Page 3410.) Ordered to the Senate.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 11. Noes 4.) (August 29).
August 20 set for first hearing. Placed on APPR. suspense file.
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 9. Noes 1.) (June 17).
In Assembly. Read first time. Held at Desk.
Read third time. Urgency clause adopted. Passed. (Ayes 28. Noes 10. Page 1372.) Ordered to the Assembly.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 5. Noes 1. Page 1190.) (May 23).
Set for hearing May 23.
May 5 hearing: Placed on APPR. suspense file.
Set for hearing May 5.
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 11. Noes 2. Page 833.) (April 22).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
Set for hearing April 22.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
From printer. May be acted upon on or after February 8.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB59 | HTML |
| 01/08/25 - Introduced | |
| 03/20/25 - Amended Senate | |
| 04/10/25 - Amended Senate | |
| 04/24/25 - Amended Senate | |
| 05/23/25 - Amended Senate | |
| 06/18/25 - Amended Assembly | |
| 09/02/25 - Amended Assembly | |
| 09/17/25 - Enrolled | |
| 10/13/25 - Chaptered |
| Document | Format |
|---|---|
| 04/18/25- Senate Judiciary | |
| 05/02/25- Senate Appropriations | |
| 05/23/25- Senate Appropriations | |
| 05/27/25- Sen. Floor Analyses | |
| 06/13/25- Assembly Judiciary | |
| 08/18/25- Assembly Appropriations | |
| 09/03/25- ASSEMBLY FLOOR ANALYSIS | |
| 09/12/25- Sen. Floor Analyses |
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