S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3363
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2017
                                ___________
 
 Introduced  by Sens. KRUEGER, SERRANO -- 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:
   § 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.
              

                                                            LBD05802-01-7

 S. 3363                             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 .................................
   § 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:
   §  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.
   §  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. 3363                             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.
   § 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.
   § 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.