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.

---

S1746-2011 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

S1746-2011 Meetings

Codes: Jan 25, 2011, Codes: Jan 31, 2012

S1746-2011 Calendars

Active List: Feb 8, 2011 , Active List: Feb 13, 2012 , Floor Calendar: Jan 31, 2011 , Floor Calendar: Feb 1, 2011 , Floor Calendar: Feb 6, 2012 , Floor Calendar: Feb 7, 2011 , Floor Calendar: Feb 7, 2012 , Floor Calendar: Feb 8, 2011 , Floor Calendar: Feb 13, 2012

S1746-2011 Votes

S1746-2011 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.

S1746-2011 Text

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

                                    1746

                         2011-2012 Regular Sessions

                              I N  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.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD04232-01-1