Senate Bill S4784A

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

                                 4784--A
    Cal. No. 581

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes  --  recommitted  to
  the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
  reported favorably from said committee, ordered to  first  and  second
  report,  ordered  to  a  third reading, amended and ordered reprinted,
  retaining its place in the order of third reading

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,

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

                                                           LBD09743-02-0

S. 4784--A                          2

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
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 chapter 320 of the laws of 2006, is amended to read as follows:

S. 4784--A                          3

  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,
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
state division of parole 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 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 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,  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.