Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Sep 22, 2015 |
signed chap.241 |
Sep 15, 2015 |
delivered to governor |
Jun 18, 2015 |
returned to assembly passed senate substituted for s5240 |
Jun 18, 2015 |
substituted by a2242 ordered to third reading cal.1829 committee discharged and committed to rules |
May 08, 2015 |
referred to codes |
Senate Bill S5240
Signed By Governor2015-2016 Legislative Session
Sponsored By
(D, IP) Senate District
Archive: Last Bill Status Via A2242 - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
co-Sponsors
(D, WF) 47th Senate District
2015-S5240 (ACTIVE) - Details
2015-S5240 (ACTIVE) - Sponsor Memo
BILL NUMBER:S5240 TITLE OF BILL: An act to amend the civil rights law, in relation to limiting the scope of information disclosed in a published notice of change of name PURPOSE OF BILL: The bill will amend the publication requirement to protect personal safety by waiving in certain instances the information that must be published for a name change order. SUMMARY OF PROVISIONS: The publication exemptions, as required by Section 64-a of the civil rights act, will be amended to include a finding by the court of the following circumstances: If the court shall find that the publication of an applicant's change of name would jeopardize such applicant's personal safety, based on totality of the circumstances the provisions of sections sixty-three and sixty-four of this article requiring publication shall be waived and shall be inapplicable. Provided, however, the court shall not deny such waiver solely on the basis that the applicant lacks specific instances of or a personal history of threat to personal safety. JUSTIFICATION: By limiting and/or waiving the amount of information required for publication purposes, this law will protect petitioner's personal safety. This legislation will follow-up on The Matter of E.P.L., 2009 NY Slip Op 29451 26 Misc 3d 336, which ruled that, "the petitioner requests that notice of the order granting his name change
2015-S5240 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5240 2015-2016 Regular Sessions I N S E N A T E May 8, 2015 ___________ Introduced by Sens. SAVINO, HOYLMAN -- 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 limiting the scope of information disclosed in a published notice of change of name THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 64-a of the civil rights law, as amended by chap- ter 83 of the laws of 2009, is amended to read as follows: S 64-a. Exemption from publication requirements. 1. If the court shall find that the publication of an applicant's change of name would jeop- ardize such applicant's personal safety, BASED ON TOTALITY OF THE CIRCUMSTANCES the provisions of sections sixty-three and sixty-four of this article requiring publication shall be waived and shall be inappli- cable. PROVIDED, HOWEVER, THE COURT SHALL NOT DENY SUCH WAIVER SOLEY ON THE BASIS THAT THE APPLICANT LACKS SPECIFIC INSTANCES OF OR A PERSONAL HISTORY OF THREAT TO PERSONAL SAFETY. The court shall order the records of such change of name proceeding to be sealed, to be opened only by order of the court for good cause shown or at the request of the appli- cant. 2. Notwithstanding any other provision of law, pending such a finding in subdivision one OF THIS SECTION where an applicant seeks relief under this section, the court shall immediately order the applicant's current name, proposed new name, residential and business addresses, telephone numbers, and any other information contained in any pleadings or papers submitted to the court to be safeguarded and sealed in order to prevent their inadvertent or unauthorized use or disclosure while the matter is pending. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05996-01-5
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