Senator Wiener's legislation expands confidentiality protections for court records related to gender marker and name change petitions, extending safeguards previously limited to minors to all petitioners regardless of age. The bill requires courts to keep confidential all petitions and associated documents for gender marker changes, name changes aligned with gender identity, or combined name and gender marker modifications.
The measure establishes new enforcement mechanisms, allowing individuals to seek court orders maintaining confidentiality without fees if records are improperly disclosed. Starting six months after enactment, petitioners harmed by unauthorized disclosures may pursue civil actions against private parties, with remedies including actual damages of at least $5,000, punitive damages, and attorney fees. Courts must seal records upon request when petitioners meet established criteria, and the Judicial Council must ensure all courts implement confidentiality protocols for both existing and future records.
These provisions apply retroactively to all relevant court records, including those filed before the bill's effective date. The legislation prohibits public posting of confidential records by anyone except the petitioner and requires courts to limit access primarily to petitioners and their legal representatives. As an urgency statute, the bill would take effect immediately upon enactment to address current privacy and safety concerns.
![]() Anna CaballeroD Senator | Committee Member | Not Contacted | |
![]() Scott WienerD Senator | Bill Author | Not Contacted | |
![]() Tim GraysonD Senator | Committee Member | Not Contacted | |
![]() Sabrina CervantesD Senator | Bill Author | Not Contacted | |
![]() Megan DahleR Senator | Committee Member | Not Contacted |
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Senator Wiener's legislation expands confidentiality protections for court records related to gender marker and name change petitions, extending safeguards previously limited to minors to all petitioners regardless of age. The bill requires courts to keep confidential all petitions and associated documents for gender marker changes, name changes aligned with gender identity, or combined name and gender marker modifications.
The measure establishes new enforcement mechanisms, allowing individuals to seek court orders maintaining confidentiality without fees if records are improperly disclosed. Starting six months after enactment, petitioners harmed by unauthorized disclosures may pursue civil actions against private parties, with remedies including actual damages of at least $5,000, punitive damages, and attorney fees. Courts must seal records upon request when petitioners meet established criteria, and the Judicial Council must ensure all courts implement confidentiality protocols for both existing and future records.
These provisions apply retroactively to all relevant court records, including those filed before the bill's effective date. The legislation prohibits public posting of confidential records by anyone except the petitioner and requires courts to limit access primarily to petitioners and their legal representatives. As an urgency statute, the bill would take effect immediately upon enactment to address current privacy and safety concerns.
Ayes | Noes | NVR | Total | Result |
---|---|---|---|---|
11 | 2 | 0 | 13 | PASS |
![]() Anna CaballeroD Senator | Committee Member | Not Contacted | |
![]() Scott WienerD Senator | Bill Author | Not Contacted | |
![]() Tim GraysonD Senator | Committee Member | Not Contacted | |
![]() Sabrina CervantesD Senator | Bill Author | Not Contacted | |
![]() Megan DahleR Senator | Committee Member | Not Contacted |