Relates to verification of a name change

Summary of provisions

Section one provides that prior to the granting of any petition for name change, the court which the petition is before shall take all reasonable steps necessary to verify the information provided by the petitioner. Additionally, it provides that the Office of Court Administration (OCA) shall promulgate rules and regulations to give effect to the verification requirement.

Section two amends Section 61 of the Civil Rights Law to assure that even after the period of incarceration, parole or probation ends for a violent felon or sex offender, such individual would be required to disclose their conviction for purpose of a name change petition.

Section three amends Section 62 of the Civil Rights Law to assure that even after the period of incarceration, parole or probation ends for a violent felon or sex offender, such individual would be required to provide notice of their intent to change their name to the district attorney's office that prosecuted them as well as to the court which sentenced them.

Justification

The amount of change of name petitions in many courts around the state is voluminous. And in many courts, a change of name petition is viewed as a perfunctory matter, most times granted without any effort to verify the information provided by the petitioner. There are however myriad circumstances under which a change of name petition is used as a vehicle to escape legal process or obligation. The change of name, while ultimately traceable through a paper trail, creates an additional step for law enforcement in discovering an individual's original identity and legal obligation. This additional step often times allow such individual to escape detection in ordinary verification circumstances such as traffic stops.

Recognizing both the need to verify the identity of an individual seeking a name change and the volume and general character of such petitions, this bill direct the courts to take all reasonable steps in verification and authorizes OCA to promulgate such rules and regulations as are necessary to achieve the twin objectives of preventing name change in undue circumstances and utilizing the resources of the courts in an economical manner.

Additionally, this bill amends Sections 61 and 62 of the Civil Rights Law to require that convicted violent felons and sex offenders disclose their convictions on a name change petition and that they provide notice to the DA's office that prosecuted them and to the court that sentenced them of their intent to change their name. It would further require that such individuals publish notice of their name change, if granted, in not only the county of petition, but the county of conviction. Under current law, these requirements only exist when the violent felon or sex offender is incarcerated, on parole or on probation. By extending the notice requirements to any violent felon or sex offender, this bill recognizes the seriousness of such a conviction, and assures that a change of name petition includes all relevant information in order that due consideration may be given by the petitioned court. Further, by extending the publication requirement, it assures that communities are given due notice of such a name change, if granted.

Legislative history

2011-2012: Passed the Senate (S.528A/A.954A)

Fiscal implications

None to the state.

Effective date

180 days after it shall become law.