SB 1071
Death certificates.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
Appropriations
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Bill overview
This bill allows a family member of a deceased person to request a new death certificate if a court has determined the manner of death differently than what is currently listed on the original certificate. The request must be supported by a certified copy of the court’s decision. The State Registrar will issue a new certificate reflecting the court’s determination, which will replace the original. Local registrars are required to transmit copies of the old certificate to the State Registrar and seal any copies they cannot transmit.
Key provisions
- Family members can request a new death certificate after a judicial determination of the manner of death.
- The request must be supported by a certified copy of the court’s plea, verdict, or judgment.
- The State Registrar must review the request and issue a new certificate if specific criteria are met.
- The new certificate will supersede the original.
- Local registrars must transmit copies of the original certificate to the State Registrar.
- A judicial determination of homicide (showing criminal responsibility or civil liability) will be considered.
- Family members can include additional certified court records to aid in the determination.
- The State Registrar’s determination is solely based on the submitted court documents.
Who is affected
- Families of deceased individuals
- State Registrars
- Local Registrars and County Recorders
- Legal professionals involved in death investigations
Sponsors
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Primary sponsor
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SB1071:v98#DOCUMENT
Bill Start
| Amended IN Senate April 23, 2026 |
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
Senate Bill
No. 1071
| Introduced by Senator Ochoa Bogh Senators Ochoa Bogh and Archuleta (Principal coauthor: Assembly Member Petrie-Norris) (Coauthors: Senators Allen, Alvarado-Gil, Archuleta, Choi, Grove, Jones, McNerney, Niello, Padilla, Seyarto, Strickland, Valladares, and Wahab) (Coauthors: Assembly Members Jeff Gonzalez, Hadwick, Krell, Macedo, and Wallis) |
| February 13, 2026 |
An act to add Chapter 10.5 (commencing with Section 103210) to Part 1 of Division 102 of the Health and Safety Code, relating to death certificates.
LEGISLATIVE COUNSEL'S DIGEST
SB 1071, as amended, Ochoa Bogh. Death certificates.
Existing law requires that each death be registered with the local registrar of births and deaths in the district in which the death was officially pronounced or the body was found. Existing law establishes the required contents of the death certificate, including, but not limited to, the decedent’s name, sex, race, and the disease or conditions leading directly to death and antecedent causes, among other relevant identifying and medical information.
When the facts are incorrectly stated in a certificate of death, including a typographical error, existing law authorizes a person to make an affidavit under oath stating the changes necessary to make the record correct. Existing law requires that specified information be filed with the state or local registrar, and if the amendments are accepted, the State Registrar is required to transmit copies of the amendment to the county recorder in whose offices the copies of the original record and information are on file. Existing law requires the amendment to be filed with and become a part of the record to which it pertains.
This bill would authorize a family member of the deceased, when a judicial determination is made on the manner of a deceased person’s death, to submit a written request to the State Registrar for a new death certificate reflecting the newly determined manner of death. This bill would require the request to be supported by a certified copy of the plea, verdict, statement of decision, or a judgment showing that the manner of death was determined by a finder of fact to be different than stated on the existing certificate. The bill would require the State Registrar to review the request and issue a new death certificate if specified conditions are met, including, but not limited to, that the request identifies the determination of manner of death in the certified court record. The bill would require the State Registrar to transmit copies of the new death certificate and the new certificate will supplant any previously issued certificate for the deceased person. The bill would require the local registrar to transmit any copies of the previously issued death certificate to the State Registrar if it is practical to do so and if it is not practical to do so, seal a cover over the copy, as specified.
The bill would specify that a plea, verdict, statement of decision, or judgment reflects a judicial determination that the manner of death was homicide if it shows criminal responsibility or civil liability for the death of the deceased person. The bill would authorize a family member of the deceased to include additional certified court records with their request to permit the State Registrar to determine the manner of death. The bill would require a determination by the State Registrar to be based solely on the request and the submitted certified court documents.
By imposing new duties on local registrars, this bill would impose a state-mandated program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Chapter 10.5 (commencing with Section 103210) is added to Part 1 of Division 102 of the Health and Safety Code, to read:
CHAPTER 10.5. Certificate Issued After Judicial Determination of Manner of Death
103210.
(a) When a judicial determination of a manner of a deceased person’s death has become final, a family member of the deceased may submit a written request to the State Registrar for a new death certificate for the deceased person on the ground that the manner of death stated on the registered certificate does not reflect the ultimate judicial determination. The request shall be supported by a certified copy of the plea, verdict, statement of decision, or judgment showing either expressly or implicitly that the manner of death was determined by a finder of fact to be different than stated on the existing certificate.
(b) The State Registrar shall review the request and issue a new death certificate with the judicially determined manner of death identified in the request if all of the following criteria are met:
(1) The request identifies the determination of manner of death in the certified court record.
(2) The request identifies a differing manner of death stated on the existing certificate.
(3) The request is accompanied with the payment of the fee required by Section 103700.
(c) Once the certificate is issued, the State Registrar shall transmit copies of the new death certificate to both of the following:
(1) The local registrar and county recorder in whose offices copies of the previously issued death certificate are on file.
(2) The person who submitted the request.
(d) Upon receipt of the new death certificate, the local registrar and county recorder shall transmit any copies of the previously issued death certificate to the State Registrar if it is practical to do so. If it is impractical to do so, then they shall effectually seal a cover over the copy in a manner as not to deface or destroy the copy and forward a verified statement of their action to the state registrar.
(e) The new death certificate shall supplant any previously issued death certificate registered for the deceased person and shall be the only death certificate of the deceased person open to public inspection. The request and previously issued death certificate shall remain as part of the records of the State Registrar. All records and information referred to in this section, other than the newly issued death certificate, shall be available only upon the order of a court of competent jurisdiction.
(f) (1) A plea, verdict, statement of decision, or judgment reflects a judicial determination that the manner of death was a homicide if it shows criminal responsibility or civil liability for the murder, the manslaughter, an act causing the death, the wrongful death, or an act that to a reasonable person is likely to cause great bodily injury and results in the death, of the deceased person.(2) A family member of the deceased may include additional certified court records with the request in subdivision (a) to permit the State Registrar to determine that the manner of death was judicially determined to be a homicide and explain the relevance of the additional records.(3) A determination by the State Registrar under this section shall be based solely on the request and certified court documents submitted with the request, and the State Registrar is not required to obtain or review any additional documents.
SEC. 2.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.