Bill S3261-2013

Provides an exception to the publication requirement after a legal name change

Provides an exception to the publication requirement after a legal name change by only requiring certain individuals convicted of certain crimes to publish such legal name change.

Details

Actions

  • Jan 8, 2014: REFERRED TO CODES
  • Jan 31, 2013: REFERRED TO CODES

Memo

BILL NUMBER:S3261

TITLE OF BILL: An act to amend the civil rights law, in relation to the publication requirement after a legal name change

PURPOSE: Amends the civil rights law by eliminating the publication requirement for certain name changes while maintaining the publication requirement for name changes for persons who have been convicted of a violent felony.

SUMMARY OF PROVISIONS:

Section 1 Amends § 63 of the civil rights law by eliminating the publication requirement for certain name changes.

Section 2 Amends the affidavit of publication requirement filing by limiting the requirement to petitioners who have been convicted of a violent felony offense as defined in section 70.02 of the penal law or other crimes enumerated in § 64 of the civil rights law.

Section 3 - Amends subdivision 2 of section 61 of the Civil Rights Law

Section 4 - Amends subdivision 2 of section 62 of the civil rights law by mandating individuals who have been convicted of an added number of offenses to petition all the district attorneys and courts not less than 60 days prior to the date on which the petition is to be heard.

Section 5 - Effective date

JUSTIFICATION: When an individual petitions for a name change they are currently required to publish their new name and address in a local newspaper. While this may seem reasonable to some, it is costly and could possibly subject the petitioner to unwanted contact from a variety of individuals.

This publication requirement has proven disastrous for some as they have been contacted by inmates who are currently confined in correctional facilities and have read the published information and decided to begin a relationship by US mail. To receive suggestive photographs and unsolicited correspondence is disturbing and basically leaves the petitioner with no recourse.

This legislation will maintain the protections created by continuing to require a petitioner who has been convicted of a violent felony offense to publish the name change according to current requirements in the civil rights law.

LEGISLATIVE HISTORY: 2009-2010: S.4784A/A.11262

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law and shall apply to orders issued on and after such effective date.


Text

STATE OF NEW YORK ________________________________________________________________________ 3261 2013-2014 Regular Sessions IN SENATE January 31, 2013 ___________
Introduced by Sen. KRUEGER -- 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 the publication requirement after a legal name change THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 63 of the civil rights law, as amended by chapter 258 of the laws of 2006, is amended to read as follows: S 63. Order. If the court to which the petition is presented is satis- fied thereby, or by the affidavit and certificate presented therewith, that the petition is true, and that there is no reasonable objection to the change of name proposed, and if the petition be to change the name of an infant, that the interests of the infant will be substantially promoted by the change, the court shall make an order authorizing the petitioner to assume the name proposed. The order shall further recite the date and place of birth of the applicant and, if the applicant was born in the state of New York, such order shall set forth the number of his OR HER birth certificate or that no birth certificate is available. The order shall be directed to be entered and the papers on which it was granted to be filed [prior to the publication hereinafter directed] in the clerk's office of the county in which the petitioner resides if he OR SHE be an individual, or in the office of the clerk of the civil court of the city of New York if the order be made by that court. [Such] IF THE PETITIONER HAS BEEN CONVICTED 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, SECTION 130.25, 130.30, 130.40, 130.45, 135.10, 135.25, 230.05, 230.06, SUBDIVISION TWO OF SECTION 230.30, SECTION 230.32, 255.25, 255.26, 255.27, OR ARTICLE TWO HUNDRED SIXTY-THREE OF SUCH LAW, SUCH order shall also direct the publication, at least once, within sixty days after the making of the order, in a designated newspaper in the county in which the order is directed to be
entered and if the petition is made by a person [subject to the provisions of subdivision two of section sixty-two of this article,] CURRENTLY CONFINED AS AN INMATE IN ANY CORRECTIONAL FACILITY OR CURRENT- LY UNDER THE SUPERVISION OF THE STATE DIVISION OF PAROLE OR A COUNTY PROBATION DEPARTMENT AS A RESULT OF SUCH CONVICTION, in a designated newspaper in any county wherein such person was convicted if different from the county in which the order is otherwise directed to be entered, of a notice in substantially the following form: Notice is hereby given that an order entered by the ............ court,............ county, on the ...... day of......., bearing Index Number..........., a copy of which may be examined at the office of the clerk, located at ................., in room number......., grants me the right to assume the name of ................... My present address is.........................; the date of my birth is ...............; the place of my birth is ....................; my present name is ................................. S 2. Section 64 of the civil rights law, as amended by chapter 258 of the laws of 2006 and the closing paragraph as separately amended by chapters 258, 320 and 481 of the laws of 2006, is amended to read as follows: S 64. Effect. If the order shall be fully complied with, and within ninety days after the making of the order, an affidavit of the publica- tion thereof shall be filed, IF REQUIRED BY SECTION SIXTY-THREE OF THIS ARTICLE, in the office in which the order is entered, the petitioner shall be known by the name which is thereby authorized to be assumed. If the surname of a parent be changed as provided in this article, any minor child of such parent at the time of such change may thereafter assume such changed surname. Upon compliance with the order and the filing of the affidavit of the publication WHERE APPLICABLE, as provided in this section, the clerk of the court in which the order has been entered shall certify that the order has been complied with; and, if the petition states that the peti- tioner [stands] HAS BEEN convicted 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 sections], SECTIONS 130.25, 130.30, 130.40, 130.45, 135.10, 135.25, 230.05, 230.06, SUBDIVISION TWO OF SECTION 230.30, SECTION 230.32, 255.25, 255.26, 255.27[,] OR article two hundred sixty-three[, 135.10, 135.25, 230.05, 230.06, subdivision two of section 230.30 or 230.32] OF SUCH LAW, such clerk (1) shall deliver, by first class mail, a copy of such certified order to the division of criminal justice services at its office in the county of Albany and (2) upon the clerk of the court reviewing the petitioner's application for name change and subsequent in-court inquiry, may, in the clerk's discretion, deliver, by first class mail, the petitioner's new name with such certified order to the court of competent jurisdiction which imposed the orders of support. Such certification shall appear on the original order and on any certi- fied copy thereof and shall be entered in the clerk's minutes of the proceeding. S 3. Subdivision 2 of section 61 of the civil rights law, as amended by section 54 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows: 2. If the petitioner [stands] HAS BEEN convicted 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 sections], SECTION 130.25, 130.30, 130.40,
130.45, 135.10, 135.25, 230.05, 230.06, SUBDIVISION TWO OF SECTION 230.30, SECTION 230.32, 255.25, 255.26, 255.27, OR article two hundred sixty-three[, 135.10, 135.25, 230.05, 230.06, subdivision two of section 230.30 or 230.32] OF SUCH LAW, and 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, the petition shall for each such conviction specify such felony conviction, the date of such conviction or convictions, and the court in which such conviction or convictions were entered. S 4. Subdivision 2 of section 62 of the civil rights law, as amended by section 55 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows: 2. If the petition be to change the name of a person currently confined as an inmate in any correctional facility or currently under the supervision of the department of corrections and community super- vision or a county probation department as a result of a conviction for 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 sections], SECTION 130.25, 130.30, 130.40, 130.45, 135.10, 135.25, 230.05, 230.06, SUBDIVISION TWO OF SECTION 230.30 OR SECTION 230.32, 255.25, 255.26, 255.27, OR article two hundred sixty-three[, 135.10, 135.25, 230.05, 230.06, subdivision two of section 230.30 or 230.32] OF SUCH LAW, notice of the time and place when and where the petition will be presented shall be served, in like manner as a notice of a motion upon an attorney in an action, upon the district attorney of every county in which such person has been convicted of such felony and upon the court or courts in which the sentence for such felony was entered. Unless a shorter period of time is ordered by the court, said notice shall be served upon each such district attorney and court or courts not less than sixty days prior to the date on which such petition is noticed to be heard. S 5. This act shall take effect on the ninetieth day after it shall have become a law and shall apply to orders issued on and after such effective date.

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