S T A T E O F N E W Y O R K
________________________________________________________________________
2716--A
2013-2014 Regular Sessions
I N A S S E M B L Y
January 17, 2013
___________
Introduced by M. of A. WEISENBERG, COLTON, GALEF -- Multi-Sponsored by
-- M. of A. STECK -- read once and referred to the Committee on Judi-
ciary -- 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 AND
REGULATIONS 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 OBLIGATION.
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,
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01317-03-3
A. 2716--A 2
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.