This bill has been amended

Bill S2248-2013

Provides that no person convicted of certain felonies may 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.

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  • Jan 15, 2013: REFERRED TO CODES

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 2248 2013-2014 Regular Sessions IN SENATE 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.

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