NY State Senate Bill 2009-S7667

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 11, 2010	print number 7667a
Jun 11, 2010	amend and recommit to finance
Jun 08, 2010	reported and committed to finance
Apr 29, 2010	referred to codes

Votes

- Jun 8, 2010 - Codes Committee Vote
  S7667
  
  Aye
  
  13
  
  Nay
  
  1
  
  Aye with Reservations
  
  2
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Codes Committee Vote: Jun 8, 2010
      
      aye (13)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Flanagan
      
      Golden
      
      Huntley
      
      Klein
      
      Lanza
      
      Saland
      
      Sampson
      
      Schneiderman
      
      Squadron
      
      Volker
      
      nay (1)
      
      Parker
      
      aye wr (2)
      
      Duane
      
      Perkins

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2009-S7667 - Details

See Assembly Version of this Bill:: A11349
Current Committee:: Senate Finance
Law Section:: Civil Rights Law
Laws Affected:: Add §61-a, Civ Rts L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S528, A954
2013-2014: S737, S6394, A2716

2009-S7667 - Summary

Relates to verification of a name change.

2009-S7667 - Sponsor Memo

                                 BILL NUMBER:  S7667

 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

 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. Finally, OCA is authorized to
create a fee schedule to recover the cost of verification.

Section two provides that this bill shall become law 180 days after it
is signed into law.

 JUSTIFICATION :
The amount of change of name petitions in many courts around the state
is voluminous. And the majority of such petitions are for innocuous

reasons such as taking the name of one's spouse. For these reasons, a
change of name petition is viewed in many courts 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.

 LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
None to the state. The cost of any verification will be borne by the
petitioner through a fee schedule created by OCA.

 EFFECTIVE DATE :
180 days after it shall become law.

2009-S7667 - Bill Text download pdf

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

                                  7667

                            I N  S E N A T E

                             April 29, 2010
                               ___________

Introduced  by  Sens. FUSCHILLO, C. JOHNSON, LARKIN, MAZIARZ, ONORATO --
  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 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 SUBDIVISION ONE  OF  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. This act shall take effect on the one hundred eightieth day after
it shall have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16944-02-0

co-Sponsors

View additional co-sponsors

2009-S7667A (ACTIVE) - Details

See Assembly Version of this Bill:: A11349
Current Committee:: Senate Finance
Law Section:: Civil Rights Law
Laws Affected:: Add §61-a, Civ Rts L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S528, A954
2013-2014: S737, S6394, A2716

2009-S7667A (ACTIVE) - Summary

Relates to verification of a name change.

2009-S7667A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7667A

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 verifica-
tion requirement. Finally, OCA is authorized to create a fee schedule to
recover the cost of verification.

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 the majority of such petitions are for innocuous
reasons such as taking the name of one's spouse. For these reasons, a
change of name petition is viewed in many courts 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 seek-
ing 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 offen-
der 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 consider-
ation 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:

New bill

FISCAL IMPLICATIONS:

None to the state. The cost of any verification will be borne by the
petitioner through a fee schedule created by OCA.

EFFECTIVE DATE:

180 days after it shall become law.

2009-S7667A (ACTIVE) - Bill Text download pdf

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

                                 7667--A

                            I N  S E N A T E

                             April 29, 2010
                               ___________

Introduced  by  Sens.  FUSCHILLO,  C. JOHNSON, LARKIN, LAVALLE, MAZIARZ,
  ONORATO, RANZENHOFER -- read  twice  and  ordered  printed,  and  when
  printed  to be committed to the Committee on Codes -- reported favora-
  bly from said committee and committed to the Committee on  Finance  --
  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-

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

                                                           LBD16944-03-0

S. 7667--A                          2

tion 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 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.

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Senate Bill S7667

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

Actions

Votes

Jun 8, 2010 - Codes Committee Vote

Codes Committee Vote: Jun 8, 2010

Bill Amendments

co-Sponsors

2009-S7667 - Details

2009-S7667 - Summary

2009-S7667 - Sponsor Memo

2009-S7667 - Bill Text download pdf

co-Sponsors

2009-S7667A (ACTIVE) - Details

2009-S7667A (ACTIVE) - Summary

2009-S7667A (ACTIVE) - Sponsor Memo

2009-S7667A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

Actions

Votes

Bill Amendments

co-Sponsors

2009-S7667 - Details

2009-S7667 - Summary

2009-S7667 - Sponsor Memo

2009-S7667 - Bill Text download pdf

co-Sponsors

2009-S7667A (ACTIVE) - Details

2009-S7667A (ACTIVE) - Summary

2009-S7667A (ACTIVE) - Sponsor Memo

2009-S7667A (ACTIVE) - Bill Text download pdf

Comments