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

                                  2705

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 28, 2015
                               ___________

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
253 of the laws of 2014, 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 newspa-
per in the county in which the order is directed to be  entered  and  if

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05450-01-5
              

S. 2705                             2

the  petition is made by a person [subject to the provisions of subdivi-
sion two of section sixty-two of this article,] CURRENTLY CONFINED AS AN
INMATE IN ANY CORRECTIONAL FACILITY OR CURRENTLY 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 wher-
ein 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
...................    The  city  and  state  of  my present address are
.........................;  the  month  and  year  of   my   birth   are
................;  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. 2705                             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.