Senate amends, unanimously passes bill tightening penalties for unlawful marriages

Senator Ron Allen, sponsor of substitute Senate Bill 146, told the Senate Feb. 7 that the bill clarifies how underage and unlawful marriages are handled and makes certain offenses third-degree felonies. Senator Allen said he would forward a list of 16 alleged child marriages to the attorney general’s office for further investigation and enforcement.

The Senate considered an amendment offered by Senator Valentine that deleted language on page 2 referencing persons “authorized under section 30-1-6 to solemnize a marriage.” Valentine said the change was intended to avoid creating disparate penalties for performing illegal marriages. Senator Valentine argued the existing statutory references might leave some unlawful marriages subject to lesser penalties.

Sponsor Ron Allen called the amendment “friendly,” saying removing the specific authorization language would close a loophole: “The people that we're trying to deal with here in terms of their child abuse are very good at picking out loopholes,” he said. With that change, Allen said the bill’s language more clearly covers any person who performs an unlawful marriage.

After debate and a summation from the sponsor, the Senate called the question and held a roll-call vote. The first substitute to SB146 passed 28 ayes, 0 nays, with 1 absent. The president announced the bill will be referred to the House for further action.

The action moves the bill forward to the next chamber; Senator Ron Allen said he will transmit evidence of alleged underage marriages to the attorney general’s office for possible investigation and prosecution.