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

                                11349--A

                          I N  A S S E M B L Y

                              June 3, 2010
                               ___________

Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Weisenberg)
  -- read once and referred to the Committee on Judiciary  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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,
REGULATIONS AND FEE SCHEDULE AS ARE NECESSARY 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  OBLI-
GATION.
  S  2.  Subdivision 2 of section 61 of the civil rights law, as amended
by chapter 320 of the laws of 2006, 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,
230.05, 230.06, AND 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 state division of parole or a
county probation department as a result of such conviction,]  the  peti-
tion  shall for each such conviction specify such felony conviction, the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16944-04-0
              

A. 11349--A                         2

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 chapter 320 of the laws of 2006, 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 state division of parole 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 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, 230.05, 230.06, AND subdivision 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 felo-
ny 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 peti-
tion 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.