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.
Ayes (61): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Excused (2): O'Mara, Parker
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.
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.
STATE OF NEW YORK ________________________________________________________________________ 2248--A 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 -- 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