senate Bill S3261

Provides an exception to the publication requirement after a legal name change

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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

  • 31 / Jan / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • REFERRED TO CODES

Summary

Provides an exception to the publication requirement after a legal name change by only requiring certain individuals convicted of certain crimes to publish such legal name change.

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Bill Details

Versions:
S3261
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Civil Rights Law
Laws Affected:
Amd §§61 - 64, Civ Rts L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S415A
2009-2010: S4784A
2007-2008: S6483

Sponsor Memo

BILL NUMBER:S3261

TITLE OF BILL: An act to amend the civil rights law, in relation to the
publication requirement after a legal name change

PURPOSE: Amends the civil rights law by eliminating the publication
requirement for certain name changes while maintaining the publication
requirement for name changes for persons who have been convicted of a
violent felony.

SUMMARY OF PROVISIONS:

Section 1 Amends § 63 of the civil rights law by eliminating the publi-
cation requirement for certain name changes.

Section 2 Amends the affidavit of publication requirement filing by
limiting the requirement to petitioners who have been convicted of a
violent felony offense as defined in section 70.02 of the penal law or
other crimes enumerated in § 64 of the civil rights law.

Section 3 - Amends subdivision 2 of section 61 of the Civil Rights Law

Section 4 - Amends subdivision 2 of section 62 of the civil rights law
by mandating individuals who have been convicted of an added number of
offenses to petition all the district attorneys and courts not less than
60 days prior to the date on which the petition is to be heard.

Section 5 - Effective date

JUSTIFICATION: When an individual petitions for a name change they are
currently required to publish their new name and address in a local
newspaper. While this may seem reasonable to some, it is costly and
could possibly subject the petitioner to unwanted contact from a variety
of individuals.

This publication requirement has proven disastrous for some as they have
been contacted by inmates who are currently confined in correctional
facilities and have read the published information and decided to begin
a relationship by US mail. To receive suggestive photographs and unso-
licited correspondence is disturbing and basically leaves the petitioner
with no recourse.

This legislation will maintain the protections created by continuing to
require a petitioner who has been convicted of a violent felony offense
to publish the name change according to current requirements in the
civil rights law.

LEGISLATIVE HISTORY: 2009-2010: S.4784A/A.11262

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the ninetieth day after
it shall have become a law and shall apply to orders issued on and after
such effective date.

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

                                  3261

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 31, 2013
                               ___________

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the civil rights law, in  relation  to  the  publication
  requirement after a legal name change

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

  Section 1. Section 63 of the civil rights law, as amended  by  chapter
258 of the laws of 2006, is amended to read as follows:
  S 63. Order. If the court to which the petition is presented is satis-
fied  thereby,  or by the affidavit and certificate presented therewith,
that the petition is true, and that there is no reasonable objection  to
the  change  of name proposed, and if the petition be to change the name
of an infant, that the interests of the  infant  will  be  substantially
promoted  by  the  change, the court shall make an order authorizing the
petitioner to assume the name proposed. The order shall  further  recite
the  date  and place of birth of the applicant and, if the applicant was
born in the state of New York, such order shall set forth the number  of
his  OR HER birth certificate or that no birth certificate is available.
The order shall be directed to be entered and the papers on which it was
granted to be filed [prior to the publication hereinafter  directed]  in
the  clerk's  office of the county in which the petitioner resides if he
OR SHE be an individual, or in the office of  the  clerk  of  the  civil
court  of  the  city  of  New  York  if the order be made by that court.
[Such] IF THE PETITIONER HAS BEEN CONVICTED 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, SECTION 130.25, 130.30, 130.40, 130.45,
135.10, 135.25, 230.05,  230.06,  SUBDIVISION  TWO  OF  SECTION  230.30,
SECTION   230.32,   255.25,  255.26,  255.27,  OR  ARTICLE  TWO  HUNDRED
SIXTY-THREE OF SUCH LAW, SUCH order shall also direct  the  publication,
at  least  once,  within  sixty days after the making of the order, in a
designated newspaper in the county in which the order is directed to  be

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00906-01-3

S. 3261                             2

entered  and  if  the  petition  is  made  by  a  person [subject to the
provisions of subdivision two of section  sixty-two  of  this  article,]
CURRENTLY CONFINED AS AN INMATE IN ANY CORRECTIONAL FACILITY OR CURRENT-
LY  UNDER  THE  SUPERVISION  OF THE STATE DIVISION OF PAROLE OR A COUNTY
PROBATION DEPARTMENT AS A RESULT OF SUCH  CONVICTION,  in  a  designated
newspaper  in  any county wherein such person was convicted if different
from the county in which the order is otherwise directed to be  entered,
of a notice in substantially the following form:
  Notice  is  hereby  given  that  an  order entered by the ............
court,............ county, on the ...... day  of.......,  bearing  Index
Number...........,  a copy of which may be examined at the office of the
clerk, located at ................., in room  number.......,  grants  me
the  right  to assume the name of ................... My present address
is.........................; the date of my  birth  is  ...............;
the  place  of  my  birth  is  ....................;  my present name is
.................................
  S 2. Section 64 of the civil rights law, as amended by chapter 258  of
the  laws  of  2006  and  the closing paragraph as separately amended by
chapters 258, 320 and 481 of the laws of 2006, is  amended  to  read  as
follows:
  S  64.  Effect.  If the order shall be fully complied with, and within
ninety days after the making of the order, an affidavit of the  publica-
tion  thereof shall be filed, IF REQUIRED BY SECTION SIXTY-THREE OF THIS
ARTICLE, in the office in which the order  is  entered,  the  petitioner
shall be known by the name which is thereby authorized to be assumed. If
the  surname  of  a  parent  be changed as provided in this article, any
minor child of such parent at the time of  such  change  may  thereafter
assume such changed surname.
  Upon  compliance with the order and the filing of the affidavit of the
publication WHERE APPLICABLE, as provided in this section, the clerk  of
the  court  in  which  the order has been entered shall certify that the
order has been complied with; and, if the petition states that the peti-
tioner [stands] HAS BEEN  convicted  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 sections], SECTIONS 130.25, 130.30, 130.40, 130.45,  135.10,
135.25,  230.05,  230.06,  SUBDIVISION  TWO  OF  SECTION 230.30, SECTION
230.32, 255.25, 255.26, 255.27[,] OR article two  hundred  sixty-three[,
135.10,  135.25,  230.05,  230.06,  subdivision two of section 230.30 or
230.32] OF SUCH LAW, such clerk (1) shall deliver, by first class  mail,
a  copy  of  such  certified  order  to the division of criminal justice
services at its office in the county of Albany and (2) upon the clerk of
the court reviewing the petitioner's application  for  name  change  and
subsequent in-court inquiry, may, in the clerk's discretion, deliver, by
first class mail, the petitioner's new name with such certified order to
the court of competent jurisdiction which imposed the orders of support.
Such  certification shall appear on the original order and on any certi-
fied copy thereof and shall be entered in the  clerk's  minutes  of  the
proceeding.
  S  3.  Subdivision 2 of section 61 of the civil rights law, as amended
by section 54 of subpart B of part C of chapter 62 of the laws of  2011,
is amended to read as follows:
  2.  If  the petitioner [stands] HAS BEEN convicted 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  sections],  SECTION  130.25,  130.30, 130.40,

S. 3261                             3

130.45, 135.10, 135.25,  230.05,  230.06,  SUBDIVISION  TWO  OF  SECTION
230.30,  SECTION  230.32, 255.25, 255.26, 255.27, OR article two hundred
sixty-three[, 135.10, 135.25, 230.05, 230.06, subdivision two of section
230.30 or 230.32] OF SUCH LAW, and 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, the petition shall
for each such conviction specify such felony  conviction,  the  date  of
such  conviction  or convictions, and the court in which such conviction
or convictions were entered.
  S 4. Subdivision 2 of section 62 of the civil rights law,  as  amended
by  section 55 of subpart B of part C of chapter 62 of the laws of 2011,
is amended to read as follows:
  2. If the petition be  to  change  the  name  of  a  person  currently
confined  as  an  inmate in any correctional facility or currently under
the supervision of the department of corrections  and  community  super-
vision  or a county probation department as a result of a conviction for
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 sections], SECTION 130.25,
130.30, 130.40, 130.45, 135.10, 135.25, 230.05, 230.06, SUBDIVISION  TWO
OF  SECTION 230.30 OR SECTION 230.32, 255.25, 255.26, 255.27, OR article
two hundred sixty-three[, 135.10, 135.25,  230.05,  230.06,  subdivision
two  of  section  230.30  or 230.32] OF SUCH LAW, notice of the time and
place when and where the petition will be presented shall be served,  in
like  manner as a notice of a motion upon an attorney in an action, upon
the district attorney of every county in  which  such  person  has  been
convicted  of  such  felony  and  upon  the court or courts in which the
sentence for such felony was entered. Unless a shorter period of time is
ordered by the court,  said  notice  shall  be  served  upon  each  such
district  attorney and court or courts not less than sixty days prior to
the date on which such petition is noticed to be heard.
  S 5. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law  and shall apply to orders issued on and after such
effective date.

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