Bill Text: CA AB2367 | 2017-2018 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Certificates of death: amended certificates.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2018-08-16 - In committee: Held under submission. [AB2367 Detail]

Download: California-2017-AB2367-Introduced.html

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CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 2367

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Introduced by Assembly Member Berman

February 14, 2018

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An act to amend Sections 102140, 103245, and 103250 of the Health and Safety Code, relating to vital records.

LEGISLATIVE COUNSEL'S DIGEST

AB 2367, as introduced, Berman. Certificates of death: amended originals.

Existing law prohibits a marriage license or certificate of death from being altered or changed in any respect after its acceptance for registration by a local registrar, except when supplemental information required for statistical purposes is furnished. Existing law provides for the amendment of a certificate of death, which amendments are filed with the local registrar and State Registrar. Existing law requires the State Registrar to send a certified copy of the newly amended certificate of death to the applicant without additional charge, except for those amendments that are filed within one year of the date of occurrence of the event.

This bill would require the issuance of an amended original certificate of death if a person is able to assert that the facts are not correctly stated on the certificate and the incorrect information does not change a finding, conclusion, or determination. The bill would require the State Registrar to send the applicant a certified copy of the amended original certificate if the amendment results in a new original certificate of death.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill Text

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

SECTION 1.

 Section 102140 of the Health and Safety Code is amended to read:

102140.

 No alteration or change in any respect shall be made on any (a) Except as provided in subdivision (b), a marriage license or certificate shall not be altered or changed in any respect after its acceptance for registration by the local registrar, or on other records made in pursuance of pursuant to this part, except where when supplemental information required for statistical purposes is furnished.

(b) If a person is able to assert pursuant to Section 103225 that the facts are not correctly stated on a certificate of death and the incorrect information does not change a finding, conclusion, or determination, an amended original certificate shall be issued.

SEC. 2.

 Section 103245 of the Health and Safety Code is amended to read:

103245.

 (a) If the amendment is accepted, the State Registrar shall transmit copies of the amendment to the local registrar and county recorder in whose offices copies of the original record and information are on file.

(b) If the accepted amendment is to a certificate of death and the incorrect information does not change a finding, conclusion, or determination, an amended original certificate shall be transmitted with the amendment to the local registrar and county recorder in whose offices copies of the original record and information are on file.

SEC. 3.

 Section 103250 of the Health and Safety Code is amended to read:

103250.

 The State Registrar shall send a certified copy of the newly amended record of birth, death death, or marriage to the applicant without additional charge, except for those amendments that are filed within one year of the date of occurrence of the event. If the amendment results in a new original certificate of death pursuant to subdivision (b) of Section 103245, then the State Registrar shall send the applicant a certified copy of the amended original certificate.