BILL NUMBER: SB 651	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 25, 2011
	AMENDED IN SENATE  MARCH 31, 2011

INTRODUCED BY   Senator Leno
   (Coauthors: Senators De León, Pavley, and Yee)
   (Coauthors: Assembly Members Ammiano, Blumenfield, Chesbro,
Gordon, Huffman, Portantino, and Skinner)

                        FEBRUARY 18, 2011

   An act to amend Section 297 of the Family Code, relating to family
law.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 651, as amended, Leno. Family law: domestic partnerships.
   Existing law provides that 2 unmarried, unrelated adults who have
chosen to share one another's lives in an intimate and committed
relationship of mutual caring may establish a domestic partnership by
filing a declaration with the Secretary of State if certain
requirements are met, including that both persons have a common
residence.
   This bill would eliminate the requirement that domestic partners
have a common residence.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 297 of the Family Code is amended to read:
   297.  (a) Domestic partners are two adults who have chosen to
share one another's lives in an intimate and committed relationship
of mutual caring.
   (b) A domestic partnership shall be established in California when
both persons file a Declaration of Domestic Partnership with the
Secretary of State pursuant to this division, and, at the time of
filing, all of the following requirements are met:
   (1) Neither person is married to someone else or is a member of
another domestic partnership with someone else that has not been
terminated, dissolved, or adjudged a nullity.
   (2) The two persons are not related by blood in a way that would
prevent them from being married to each other in this state.
   (3) Both persons are at least 18 years of age.
   (4) Either of the following:
   (A) Both persons are members of the same sex.
   (B) One or both of the persons meet the eligibility criteria under
Title II of the Social Security Act as defined in  42 U.S.C.
Section 402(a)   Section 402(a) of Title 42 of the
United States Code  for old-age insurance benefits or Title XVI
of the Social Security Act as defined in  42 U.S.C. Section
1381   Section 1381 of Title 42 of the United States
Code  for aged individuals. Notwithstanding any other provision
of this section, persons of opposite sexes may not constitute a
domestic partnership unless one or both of the persons are over the
age of 62.
   (5) Both persons are capable of consenting to the domestic
partnership. 
   (c) "Have a common residence" means that both domestic partners
share the same residence. It is not necessary that the legal right to
possess the common residence be in both of their names. Two people
have a common residence even if one or both have additional
residences. Domestic partners do not cease to have a common residence
if one leaves the common residence but intends to return.