senate Bill S1746

2011-2012 Legislative Session

Provides that no person convicted of certain felonies may not file for change of name while incarcerated or under supervised release therefor

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 13, 2012 referred to judiciary
delivered to assembly
passed senate
Feb 07, 2012 advanced to third reading
Feb 06, 2012 2nd report cal.
Jan 31, 2012 1st report cal.157
Jan 04, 2012 referred to codes
returned to senate
died in assembly
Feb 08, 2011 referred to judiciary
delivered to assembly
passed senate
Feb 01, 2011 advanced to third reading
Jan 31, 2011 2nd report cal.
Jan 25, 2011 1st report cal.32
Jan 12, 2011 referred to codes

Votes

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Jan 31, 2012 - Codes committee Vote

S1746
12
1
committee
12
Aye
1
Nay
2
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: Jan 31, 2012

nay (1)
aye wr (2)
excused (1)

Jan 25, 2011 - Codes committee Vote

S1746
12
1
committee
12
Aye
1
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: Jan 25, 2011

nay (1)
aye wr (3)

Co-Sponsors

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S1746 - Bill Details

See Assembly Version of this Bill:
A2726
Current Committee:
Assembly Judiciary
Law Section:
Civil Rights Law
Laws Affected:
Amd ยง60, Civ Rts L
Versions Introduced in 2009-2010 Legislative Session:
S2104, A2917

S1746 - Bill Texts

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Provides that no person convicted of certain felonies defined under specified laws of this state may file a petition for change of name while such person is incarcerated or under supervised release therefor.

view sponsor memo
BILL NUMBER:S1746

TITLE OF BILL:
An act
to amend the civil rights law, in relation to prohibiting certain felons
from changing their names

PURPOSE OR GENERAL IDEA OF BILL:
To prevent the filing of a petition for change of name by anyone
convicted of certain felonies and currently confined as an inmate in
any correctional facility, on parole, or on probation.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Creates an exception to Section 60 of the civil rights law
to prevent certain felons from filing a petition for a legal change
of name. Prohibits any person who has been convicted (regardless of
when such conviction was entered) of a violent felony as defined in
section 70.02 of the penal law or a felony defined in article 125 of
such law or any of the following provisions of such law: section
130.25, 130.30, 130.40, 130.45, 255.25, 255.26, article 263, section
135.10, 230.05, 230,06, subdivision two of section 230.30, or
section 230.32, and who 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.

Section 2: Enacts this bill immediately.

JUSTIFICATION:
In the past, convicted felons have been able to change their names
while in prison in order to achieve anonymity. In 2000, the civil
rights law was amended by providing for a process whereby crime
victims and communities are notified when certain violent felons
petition for a legal name change, giving victims an opportunity to
voice their objections. However, the process of objecting to a name
change petition places an unnecessary burden on crime victims. One
way to alleviate this additional burden and protect the tights of
victims of violent crime is to not allow violent felons the
opportunity to petition for a name change until they have completed
their sentence requirements.

PRIOR LEGISLATIVE HISTORY:
2002: A.9828-A
2003-2004: A.6607
2005-2006: A.1856
2007-2008: S.3440A - Referred to Codes, Passed Senate
2009-2010: S.2104 - Referred to Codes

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  1746

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 12, 2011
                               ___________

Introduced  by  Sens. GOLDEN, JOHNSON, LARKIN, RANZENHOFER -- 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 prohibiting certain
  felons from changing their names

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section 60 of the civil rights law, as amended by chapter
695 of the laws of 1962, is amended to read as follows:
  S 60. Petition for change of name; EXCEPTION.  1. A petition for leave
to assume another name may be made by a resident of  the  state  to  the
county  court  of the county or the supreme court in the county in which
he OR SHE resides, or, if he OR SHE resides in the  city  of  New  York,
either  to  the supreme court or to any branch of the civil court of the
city of New York, in any county of the city of New York. The petition to
change the name of an infant may be made by the infant  through  his  OR
HER  next  friend,  or by either of his OR HER parents, or by his OR HER
general guardian, or by the guardian of his OR HER person.
  2.   NOTWITHSTANDING THE PROVISIONS  OF  SUBDIVISION  TWO  OF  SECTION
SIXTY-ONE  OF  THIS  ARTICLE,  ON  AND  AFTER THE EFFECTIVE DATE OF THIS
SUBDIVISION NO PETITION MAY BE MADE TO CHANGE THE NAME OF ANY PERSON WHO
HAS BEEN CONVICTED (REGARDLESS OF WHEN SUCH CONVICTION WAS ENTERED) 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: SECTION 130.25, 130.30, 130.40,
130.45, 255.25, 255.26, ARTICLE TWO HUNDRED SIXTY-THREE, SECTION 135.10,
230.05, 230.06, SUBDIVISION TWO OF SECTION 230.30,  OR  SECTION  230.32,
AND  WHO 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.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04232-01-1

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