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.
BILL NUMBER: S4784
TITLE OF BILL : An act to amend the civil rights law, in relation to the publication requirement after a legal name change
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 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.
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.
STATE OF NEW YORK ________________________________________________________________________ 4784 2009-2010 Regular Sessions IN SENATE April 27, 2009 ___________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 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]ONLY if the petition is made by a person subject to the provisions of subdivision two of section sixty-two of this article, AND 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 thatEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09743-01-9 S. 4784 2
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 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 130.25, 130.30, 130.40, 130.45, 255.25, 255.26, 255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06, subdivision two of section 230.30 or 230.32, such clerk (1) shall deliv- er, 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 certified copy thereof and shall be entered in the clerk's minutes of the proceeding. S 3. 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.