senate Bill S737A

Relates to verification of a 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

  • 09 / Jan / 2013
    • REFERRED TO CODES
  • 20 / May / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 24 / May / 2013
    • AMEND AND RECOMMIT TO FINANCE
  • 24 / May / 2013
    • PRINT NUMBER 737A
  • 04 / Jun / 2013
    • 1ST REPORT CAL.987
  • 05 / Jun / 2013
    • 2ND REPORT CAL.
  • 10 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 11 / Jun / 2013
    • PASSED SENATE
  • 11 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 11 / Jun / 2013
    • REFERRED TO JUDICIARY

Summary

Relates to verification of a name change.

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Bill Details

See Assembly Version of this Bill:
A2716A
Versions:
S737
S737A
Legislative Cycle:
2013-2014
Current Committee:
Assembly Judiciary
Law Section:
Civil Rights Law
Laws Affected:
Add §61-a, amd §§61 & 62, Civ Rts L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S528A, A954A
2009-2010: S7667A, A11349A

Sponsor Memo

BILL NUMBER:S737A

TITLE OF BILL:
An act
to amend the civil rights law, in relation to verification of a name
change

PURPOSE:
To assure that individuals are not able to legally change their names
in order to evade legal process or obligation as well as to assure
that convicted violent felons and sex offenders disclose their
convictions on the name change petitions and that such persons alert
the prosecuting agency and sentencing court of their intent to change
their names.

SUMMARY OF PROVISIONS:

Section one provides that prior to the granting of any petition for
name change, the court which the petition is before shall take all
reasonable steps necessary to verify the information provided by the
petitioner. Additionally, it provides that the Office of Court
Administration (OCA) shall promulgate rules and regulations to give
effect to the verification requirement.

Section two amends Section 61 of the Civil Rights Law to assure that
even after the period of incarceration, parole or probation ends for
a violent felon or sex offender, such individual would be required to
disclose their conviction for purpose of a name change petition.

Section three amends Section 62 of the Civil Rights Law to assure that
even after the period of incarceration, parole or probation ends for
a violent felon or sex offender, such individual would be required to
provide notice of their intent to change their name to the district
attorney's office that prosecuted them as well as to the court which
sentenced them.

JUSTIFICATION:
The amount of change of name petitions in many courts around the state
is voluminous. And in many courts, a change of name petition is
viewed as a perfunctory matter, most times granted without any effort
to verify the information provided by the petitioner. There are
however myriad circumstances under which a change of name petition is
used as a vehicle to escape legal process or obligation. The change
of name, while ultimately traceable through a paper trail, creates an
additional step for law enforcement in discovering an individual's
original identity and legal obligation. This additional step often
times allow such individual to escape detection in ordinary
verification circumstances such as traffic stops.

Recognizing both the need to verify the identity of an individual
seeking a name change and the volume and general character of such
petitions, this bill direct the courts to take all reasonable
steps in verification and authorizes OCA to promulgate such rules and
regulations as are necessary to achieve the twin objectives of
preventing name change in undue circumstances and utilizing the
resources of the courts in an economical manner.


Additionally, this bill amends Sections 61 and 62 of the Civil Rights
Law to require that convicted violent felons and sex offenders
disclose their convictions on a name change petition and that they
provide notice to the DA's office that prosecuted them and to the
court that sentenced them of their intent to change their name. It
would further require that such individuals publish notice of their
name change, if granted, in not only the county of petition, but the
county of conviction. Under current law, these requirements only
exist when the violent felon or sex offender is incarcerated, on
parole or on probation. By extending the notice requirements to any
violent felon or sex offender, this bill recognizes the seriousness
of such a conviction, and assures that a change of name petition
includes all relevant information in order that due consideration may
be given by the petitioned court. Further, by extending the
publication requirement, it assures that communities are given due
notice of such a name change, if granted.

LEGISLATIVE HISTORY:
2011-2012: Passed the Senate (S.528A/A.954A)

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE:
180 days after it shall become law.

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

                                 737--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  FUSCHILLO,  DeFRANCISCO,  LARKIN, LAVALLE -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee  on  Codes  --  reported  favorably  from said committee and
  committed to the Committee on Finance --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the civil rights law, in relation to verification  of  a
  name change

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

  Section 1. The civil rights law is amended by  adding  a  new  section
61-a to read as follows:
  S 61-A. VERIFICATION. 1. PRIOR TO THE ISSUANCE OF ANY ORDER GRANTING A
CHANGE  OF  NAME,  THE  COURT IN WHICH THE PETITION HAS BEEN FILED SHALL
TAKE ALL REASONABLE STEPS TO VERIFY  THE  INFORMATION  PROVIDED  BY  THE
PETITIONER PURSUANT TO SECTION SIXTY-ONE OF THIS ARTICLE.
  2.  THE OFFICE OF COURT ADMINISTRATION SHALL PROMULGATE SUCH RULES AND
REGULATIONS TO IMPLEMENT THIS SECTION.  IN PROMULGATING SUCH  RULES  AND
REGULATIONS, THE OFFICE SHALL TAKE INTO ACCOUNT THE LEGISLATURE'S INTENT
THAT THE PROCESS OF VERIFICATION AS DESCRIBED IN SUBDIVISION ONE OF THIS
SECTION  SHALL BE MEANT TO PREVENT THE PETITIONER FROM USING NAME CHANGE
TO EVADE LEGAL PROCESS OR OBLIGATION.
  S 2. 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 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 130.25, 130.30,  130.40,  130.45,  255.25,  255.26,
255.27,  article  two  hundred  sixty-three,  SECTIONS  135.10,  135.25,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01317-02-3

S. 737--A                           2

230.05, 230.06, subdivision two of section  230.30  or  SECTION  230.32,
[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 3. 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]
WHO  STANDS  CONVICTED OF a violent felony offense as defined in section
70.02 of the penal law or a felony defined in article one hundred  twen-
ty-five  of  such  law  or  any  of the following provisions of such law
sections 130.25, 130.30, 130.40, 130.45, 255.25, 255.26, 255.27, article
two hundred sixty-three, SECTIONS 135.10, 135.25, 230.05, 230.06, subdi-
vision two of section 230.30 or SECTION 230.32, 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 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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