NY State Senate Bill 2011-S415

Archive: Last Bill Status - In Senate Committee Rules 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 12, 2012	committee discharged and committed to rules
Feb 21, 2012	notice of committee consideration - requested
Jan 04, 2012	referred to codes
Dec 23, 2011	print number 415a
Dec 23, 2011	amend and recommit to codes
Jan 05, 2011	referred to codes

Bill Amendments

Original

A (Active)

2011-S415 - Details

See Assembly Version of this Bill:: A6100
Current Committee:: Senate Rules
Law Section:: Civil Rights Law
Laws Affected:: Amd §§61 - 64, Civ Rts L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4784, A11262
2013-2014: S3261, A983
2015-2016: S2705
2017-2018: S3363

2011-S415 - Summary

Provides an exception to the publication requirement after a legal name change by only requiring certain individuals convicted of certain crimes to publish such legal name change.

2011-S415 - Sponsor Memo

                                BILL NUMBER:S415

TITLE OF BILL:

An act
to amend the civil rights law, in relation to the publication requirement
after a legal name change

PURPOSE:

Amends the civil rights law by eliminating the publication requirement
for certain name changes while maintaining the publication
requirement for name changes for persons who have been convicted of a
violent felony.

SUMMARY OF PROVISIONS:

Section 1 Amends § 63 of the civil rights law by eliminating the
publication requirement for certain name changes.

Section 2 Amends the affidavit of publication requirement filing by
limiting the requirement to petitioners who have been convicted of a
violent felony offense as defined in section 70.02 of the penal law
or other crimes enumerated in § 64 of the civil rights law.

Section 3 - Effective date.

JUSTIFICATION:

When an individual petitions for a name change they are currently
required to publish their new name and address in a local newspaper.
While this may seem reasonable to some, it is costly and could
possibly subject the petitioner to unwanted contact from a variety of
individuals.

This publication requirement has proven disastrous for some as they
have been contacted by inmates who are currently confined in
correctional facilities and have read the published information and
decided to begin a relationship by US mail. To receive
suggestive photographs and unsolicited correspondence is disturbing
and basically leaves the petitioner with no recourse.

This legislation will maintain the protections created by continuing
to require a petitioner who has been convicted of a violent felony
offense to publish the name change according to current requirements
in the civil rights law.

LEGISLATIVE HISTORY:

2009-2010: S.4784A/A.11262

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:


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.

2011-S415 - Bill Text download pdf

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

                                   415

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen. KRUEGER -- 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  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,
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

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

                                                           LBD00677-01-1

S. 415                              2

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:
  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,

S. 415                              3

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.

2011-S415A (ACTIVE) - Details

See Assembly Version of this Bill:: A6100
Current Committee:: Senate Rules
Law Section:: Civil Rights Law
Laws Affected:: Amd §§61 - 64, Civ Rts L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4784, A11262
2013-2014: S3261, A983
2015-2016: S2705
2017-2018: S3363

2011-S415A (ACTIVE) - Summary

Provides an exception to the publication requirement after a legal name change by only requiring certain individuals convicted of certain crimes to publish such legal name change.

2011-S415A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S415A

TITLE OF BILL:
An act
to amend the civil rights law, in relation to the publication requirement
after a legal name change

PURPOSE:
Amends the civil rights law by eliminating the publication requirement
for certain name changes while maintaining the publication
requirement for name changes for persons who have been convicted of a
violent felony.

SUMMARY OF PROVISIONS:
Section 1 Amends § 63 of the civil rights law by eliminating the
publication requirement for certain name changes.

Section 2 Amends the affidavit of publication requirement filing by
limiting the requirement to petitioners who have been convicted of a
violent felony offense as defined in section 70.02 of the penal law
or other crimes enumerated in § 64 of the civil rights law.

Section 3 - Amends subdivision 2 of section 61 of the Civil Rights Law
Section 4 - Amends subdivision 2 of section 62 of the civil rights
law by mandating individuals who have been convicted of an added
number of offenses to petition all the district attorneys and courts

not less than 60 days prior to the date on which the petition is to
be heard.

Section 5 - Effective date

JUSTIFICATION:
When an individual petitions for a name change they are currently
required to publish their new name and address in a local newspaper.
While this may seem reasonable to some, it is costly and could
possibly subject the petitioner to unwanted contact from a variety of
individuals.

This publication requirement has proven disastrous for some as they
have been contacted by inmates who are currently confined in
correctional facilities and have read the published information and
decided to begin a relationship by US mail. To receive suggestive
photographs and unsolicited correspondence is disturbing and
basically leaves the petitioner with no recourse.

This legislation will maintain the protections created by continuing to
require a petitioner who has been convicted of a violent felony
offense to publish the name change according to current requirements
in the civil rights law.

LEGISLATIVE HISTORY:
2009-2010: S.4784A/A.11262

FISCAL IMPLICATIONS:
None.


EFFECTIVE DATE:
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.

2011-S415A (ACTIVE) - Bill Text download pdf

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

                                 415--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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,
SECTION  230.32,  255.25,  255.26,  255.27,  OR  ARTICLE   TWO   HUNDRED

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

                                                           LBD00677-02-1

S. 415--A                           2

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  section 54 of subpart B of part C of chapter 62 of the laws of 2011,
is amended to read as follows:

S. 415--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
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 4. 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
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 OR 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.

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Senate Bill S415

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

2011-S415 - Details

2011-S415 - Summary

2011-S415 - Sponsor Memo

2011-S415 - Bill Text download pdf

2011-S415A (ACTIVE) - Details

2011-S415A (ACTIVE) - Summary

2011-S415A (ACTIVE) - Sponsor Memo

2011-S415A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S415

Share this bill

Sponsored By

Liz Krueger

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

2011-S415 - Details

2011-S415 - Summary

2011-S415 - Sponsor Memo

2011-S415 - Bill Text download pdf

2011-S415A (ACTIVE) - Details

2011-S415A (ACTIVE) - Summary

2011-S415A (ACTIVE) - Sponsor Memo

2011-S415A (ACTIVE) - Bill Text download pdf

Comments