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

                                 954--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M.  of  A.  WEISENBERG  -- read once and referred to the
  Committee on Judiciary -- recommitted to the Committee on Judiciary in
  accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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  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 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,

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

                                                           LBD00089-03-1

A. 954--A                           2

230.05, 230.06, 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  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 3. 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]
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  twen-
ty-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, subdi-
vision 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 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 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.