senate Bill S2248A

Provides that no person convicted of certain felonies may file for change of name while incarcerated or under supervised release therefor

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 15 / Jan / 2013
    • REFERRED TO CODES
  • 25 / Feb / 2013
    • AMEND AND RECOMMIT TO CODES
  • 25 / Feb / 2013
    • PRINT NUMBER 2248A
  • 08 / May / 2013
    • 1ST REPORT CAL.603
  • 20 / May / 2013
    • 2ND REPORT CAL.
  • 21 / May / 2013
    • ADVANCED TO THIRD READING
  • 22 / May / 2013
    • PASSED SENATE
  • 22 / May / 2013
    • DELIVERED TO ASSEMBLY
  • 22 / May / 2013
    • REFERRED TO JUDICIARY
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 25 / Mar / 2014
    • 1ST REPORT CAL.356
  • 26 / Mar / 2014
    • 2ND REPORT CAL.
  • 27 / Mar / 2014
    • ADVANCED TO THIRD READING
  • 28 / Apr / 2014
    • PASSED SENATE
  • 28 / Apr / 2014
    • DELIVERED TO ASSEMBLY
  • 28 / Apr / 2014
    • REFERRED TO JUDICIARY

Summary

Provides that no person convicted of certain felonies defined under specified laws of this state may file a petition for change of name while such person is incarcerated or under supervised release therefor.

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Bill Details

See Assembly Version of this Bill:
A1528A
Versions:
S2248
S2248A
Legislative Cycle:
2013-2014
Current Committee:
Assembly Judiciary
Law Section:
Civil Rights Law
Laws Affected:
Amd ยง60, Civ Rts L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1746, A2726
2009-2010: S2104, A2917
2007-2008: A2059A

Sponsor Memo

BILL NUMBER:S2248A

TITLE OF BILL: An act to amend the civil rights law, in relation to
prohibiting certain felons from changing their names

PURPOSE: To prevent the filing of a petition for change of name by
anyone convicted of certain felonies and currently confined as an
inmate in any correctional facility, on parole, or on probation.

SUMMARY OF PROVISIONS:

Section one amends Civil Rights Law section 60 by creating an
exception to the ability of a person to petition for a name change.
This exception prohibits any person who has been convicted (regardless
of when such conviction was entered) of a violent felony as defined in
section 70.02 of the Penal Law, a felony defined in article 125 of the
Penal Law, or any of the following Penal. Law provisions: section
130.25, 130.40, 255.25, 255.26, article 263, section 135.10, 230.05,
230,06, subdivision two of section 230.30, or section 230.32, and who
is currently confined as an inmate in any correctional facility or
currently under the supervision of the Department of Corrections and
Community Supervision or a county probation department as a result of
such conviction.

Section two provides that this act shall take effect immediately.

EXISTING LAW:

Section 60 of the Civil Rights Law currently allows every resident to
petition for a name change.

JUSTIFICATION: In the past, convicted felons have been able to change
their names while in prison in order to achieve anonymity, In 2000,
the civil rights law was amended by providing for a process whereby
crime victims and communities are notified when certain violent felons
petition for a legal name change, giving victims an opportunity to
voice their objections. However, the process of objecting to a name
change petition places an unnecessary burden on crime victims. One way
to alleviate this additional burden and protect the rights of victims
of violent crime is to not allow violent felons the opportunity to
petition for a name change until they have completed their sentence
requirements.

LEGISLATIVE HISTORY: 2011-2: S.1746 - Passed Senate both years
2009-10: S.2104 - Referred to Codes both years 2007-8: S.3440 - Passed
Senate both years

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2248--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 15, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the civil rights law, in relation to prohibiting certain
  felons from changing their names

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Section 60 of the civil rights law, as amended by  chapter
695 of the laws of 1962, is amended to read as follows:
  S 60. Petition for change of name; EXCEPTION.  1. A petition for leave
to  assume  another  name  may be made by a resident of the state to the
county court of the county or the supreme court in the county  in  which
he  OR  SHE  resides,  or, if he OR SHE resides in the city of New York,
either to the supreme court or to any branch of the civil court  of  the
city of New York, in any county of the city of New York. The petition to
change  the  name  of an infant may be made by the infant through his OR
HER next friend, or by either of his OR HER parents, or by  his  OR  HER
general guardian, or by the guardian of his OR HER person.
  2.    NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION TWO OF SECTION
SIXTY-ONE OF THIS ARTICLE, ON AND  AFTER  THE  EFFECTIVE  DATE  OF  THIS
SUBDIVISION NO PETITION MAY BE MADE TO CHANGE THE NAME OF ANY PERSON WHO
HAS BEEN CONVICTED (REGARDLESS OF WHEN SUCH CONVICTION WAS ENTERED) OF A
VIOLENT FELONY OFFENSE AS DEFINED IN SECTION 70.02 OF THE PENAL LAW OR A
FELONY  DEFINED IN ARTICLE ONE HUNDRED TWENTY-FIVE OF SUCH LAW OR ANY OF
THE FOLLOWING PROVISIONS OF SUCH LAW: SECTION  130.25,  130.30,  130.40,
130.45, 255.25, 255.26, ARTICLE TWO HUNDRED SIXTY-THREE, SECTION 135.10,
230.05,  230.06,  SUBDIVISION  TWO OF SECTION 230.30, OR SECTION 230.32,
AND WHO IS CURRENTLY CONFINED AS AN INMATE IN ANY CORRECTIONAL  FACILITY
OR  CURRENTLY UNDER THE SUPERVISION OF THE DEPARTMENT OF CORRECTIONS AND
COMMUNITY SUPERVISION OR A COUNTY PROBATION DEPARTMENT AS  A  RESULT  OF
SUCH CONVICTION.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03869-02-3

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