Bill S1746-2011

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

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.

Details

Actions

  • Feb 13, 2012: referred to judiciary
  • Feb 13, 2012: DELIVERED TO ASSEMBLY
  • Feb 13, 2012: PASSED SENATE
  • Feb 7, 2012: ADVANCED TO THIRD READING
  • Feb 6, 2012: 2ND REPORT CAL.
  • Jan 31, 2012: 1ST REPORT CAL.157
  • Jan 4, 2012: REFERRED TO CODES
  • Jan 4, 2012: returned to senate
  • Jan 4, 2012: died in assembly
  • Feb 8, 2011: referred to judiciary
  • Feb 8, 2011: DELIVERED TO ASSEMBLY
  • Feb 8, 2011: PASSED SENATE
  • Feb 1, 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

VOTE: COMMITTEE VOTE: - Codes - Jan 25, 2011
Ayes (12): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Gianaris, Huntley, Espaillat
Ayes W/R (3): Duane, Perkins, Squadron
Nays (1): Parker
VOTE: COMMITTEE VOTE: - Codes - Jan 31, 2012
Ayes (12): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Gianaris, Perkins, Espaillat
Ayes W/R (2): Duane, Squadron
Nays (1): Parker
Excused (1): Huntley

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 1746 2011-2012 Regular Sessions IN SENATE 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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus