Corrections.
Summary
Existing law establishes the state prisons under the jurisdiction of the Department of Corrections and Rehabilitation. Existing law authorizes a person sentenced to imprisonment in the state prison or a county jail for a felony to be, during the period of confinement, deprived of those rights, and only those rights, as is reasonably related to legitimate penological interests. This bill would require the Department of Corrections and Rehabilitation to, during initial intake and classification, and in a private setting, ask each individual entering into the custody of the department to specify the individual's gender identity whether the individual identifies as transgender, nonbinary, or intersex, and their gender pronoun and honorific. The bill would prohibit the department from disciplining a person for refusing to answer or not disclosing complete information in response to these questions. The bill would authorize a person under the jurisdiction of the department to update this information. The bill would prohibit staff, contractors, and volunteers of the department from failing to consistently use the gender pronoun and honorific an individual has specified in verbal and written communications with or regarding that individual that involve the use of a pronoun or honorific. The bill would require the department, for a person who is transgender, nonbinary, or intersex to only conduct a search of that person according to the search policy for their gender identity or according to the gender designation of the facility where they are housed, based on the individual's search preference. The bill would additionally require the department to house the person in a correctional facility designated for men or women based on the individual's preference, except as specified.
Bill status
signed
all 5 stages cleared
Introduction
Jan 2019
Committee Review
Aug 2019
Senate Passage
May 2019
Assembly Passage
Aug 2020
Signed into Law
Sep 2020
Introduced Jan 14, 2019
Signed Sep 26, 2020
Floor votes · Senate May 23, 2019 · Assembly Aug 31, 2020
How they voted
27–6
Passed · 1 other
Total votes 34
May 23, 2019
D
Democratic26
100% Yea
R
Republican8
75% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
36
Key actions
13
Committee
7
Amendments
6
Sep 26, 2020
Signed into law
Approved by the Governor.
legislature
Aug 31, 2020
Assembly · Passed
Assembly Vote: pass (47-13-12)
assembly
Aug 31, 2020
Upper · Passed
Assembly amendments concurred in. (Ayes 29. Noes 10.) Ordered to engrossing and enrolling.
upper
Aug 30, 2020
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Aug 30, 2020
Lower · Passed
Read third time. Passed. (Ayes 52. Noes 15. Page 5305.) Ordered to the Senate.
lower
Aug 24, 2020
Lower · Passed
Read third time and amended.
lower
Sep 6, 2019
Lower · Passed
Read third time and amended.
lower
Sep 3, 2019
Lower · Passed
Read second time and amended. Ordered to second reading.
lower
Aug 30, 2019
Lower · Passed
From committee: Do pass as amended. (Ayes 11. Noes 5.) (August 30).
lower
Jun 26, 2019
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (June 25). Re-referred to Com. on APPR.
lower
Jun 3, 2019
Committee
Referred to Com. on PUB. S.
lower
May 23, 2019
Upper · Passed
Read third time. Passed. (Ayes 29. Noes 8. Page 1262.) Ordered to the Assembly.
upper
May 17, 2019
Upper · Passed
Read second time and amended. Ordered to second reading.
upper
May 17, 2019
Upper · Passed
From committee: Do pass as amended. (Ayes 4. Noes 2. Page 1090.) (May 16).
upper
Apr 24, 2019
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1. Page 802.) (April 23). Re-referred to Com. on APPR.
upper
Mar 27, 2019
Committee
Re-referred to Com. on PUB. S.
upper
Jan 24, 2019
Committee
Referred to Com. on RLS.
upper
Jan 14, 2019
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 2 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Scott Wiener
DDemocratic
Co
Cathleen Galgiani
DDemocratic
Co
Mark Stone
DDemocratic
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