senate Bill S2248A

2013-2014 Legislative Session

Provides that no person convicted of certain felonies may 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
Apr 28, 2014 referred to judiciary
delivered to assembly
passed senate
Mar 27, 2014 advanced to third reading
Mar 26, 2014 2nd report cal.
Mar 25, 2014 1st report cal.356
Jan 08, 2014 referred to codes
returned to senate
died in assembly
May 22, 2013 referred to judiciary
delivered to assembly
passed senate
May 21, 2013 advanced to third reading
May 20, 2013 2nd report cal.
May 08, 2013 1st report cal.603
Feb 25, 2013 print number 2248a
amend and recommit to codes
Jan 15, 2013 referred to codes

Votes

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Mar 25, 2014 - Codes committee Vote

S2248A
15
0
committee
15
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

May 8, 2013 - Codes committee Vote

S2248A
11
0
committee
11
Aye
0
Nay
3
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: May 8, 2013

excused (1)

Bill Amendments

Original
A (Active)
Original
A (Active)

S2248 - Bill Details

See Assembly Version of this Bill:
A1528A
Current Committee:
Law Section:
Civil Rights Law
Laws Affected:
Amd §60, Civ Rts L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1746, A2726
2009-2010: S2104, A2917

S2248 - Bill Texts

view summary

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:S2248

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

PURPOSE: 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 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.

EXISTING LAW:

Section 60 of the civil rights law.

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 rights 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.

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 S.1746 of 2011 - Passed Senate
02/13/12

FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS:

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
________________________________________________________________________

                                  2248

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 15, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- 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.
                                                           LBD03869-01-3

S2248A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A1528A
Current Committee:
Law Section:
Civil Rights Law
Laws Affected:
Amd §60, Civ Rts L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1746, A2726
2009-2010: S2104, A2917

S2248A (ACTIVE) - Bill Texts

view summary

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:S2248A

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

PURPOSE: 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 PROVISIONS:

Section one amends Civil Rights Law section 60 by creating an
exception to the ability of a person to petition for a name change.
This exception 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, a felony defined in article 125 of the
Penal Law, or any of the following Penal. Law provisions: section
130.25, 130.40, 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 Department of Corrections and
Community Supervision or a county probation department as a result of
such conviction.

Section two provides that this act shall take effect immediately.

EXISTING LAW:

Section 60 of the Civil Rights Law currently allows every resident to
petition for a name change.

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 rights 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.

LEGISLATIVE HISTORY: 2011-2: S.1746 - Passed Senate both years
2009-10: S.2104 - Referred to Codes both years 2007-8: S.3440 - Passed
Senate both years

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect immediately.

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

                                 2248--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 15, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- 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 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 DEPARTMENT OF CORRECTIONS AND
COMMUNITY SUPERVISION 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.
                                                           LBD03869-02-3

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