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S5240Senate2015-2016 SessionSame asA2242

Limits the scope of information disclosed in a published notice of change of name

Sponsor Diane J. SavinoSD-23+1 co-sponsorAffects Legal
Status
Senate Floor Calendar
Impact
Pending
Outcome
Companion signed

Bill progress

Signed via A2242

What's happening

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Who cares

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Sponsors

Primary sponsor
Diane J. Savino

Senator · Senate District 23

Chair, Banks

1 Co-sponsor

History

  1. Substituted by A2242
  2. Ordered to third reading cal.1829
  3. Committee discharged and committed to rules
  4. Referred to codes

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A2242Assembly

Limits the scope of information disclosed in a published notice of change of name

Signed by Governor · Sponsor Harry B. Bronson

Signed into law

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S5240

Title of bill

An act to amend the civil rights law, in relation to limiting the scope of information disclosed in a published notice of change of name

Purpose of bill

The bill will amend the publication requirement to protect personal safety by waiving in certain instances the information that must be published for a name change order.

Summary of provisions

The publication exemptions, as required by Section 64-a of the civil rights act, will be amended to include a finding by the court of the following circumstances: If the court shall find that the publication of an applicant's change of name would jeopardize such applicant's personal safety, based on totality of the circumstances the provisions of sections sixty-three and sixty-four of this article requiring publication shall be waived and shall be inapplicable. Provided, however, the court shall not deny such waiver solely on the basis that the applicant lacks specific instances of or a personal history of threat to personal safety.

Justification

By limiting and/or waiving the amount of information required for publication purposes, this law will protect petitioner's personal safety. This legislation will follow-up on The Matter of E.P.L., 2009 NY Slip Op 29451 26 Misc 3d 336, which ruled that, "the petitioner requests that notice of the order granting his name change not be published in a newspaper in this county or maintained as a court record accessible to the public. Civil Rights Law § 64-a authorizes waiver of publication and sealing of the court record upon a finding that publication of a name change would jeopardize the safety of the person whose name is changed." Under the court ruling and this bill those seeking to have the publication of a name change waived, will have such waiver granted based on a showing that such publication, under a totality of the circumstances, may jeopardize petitioner's personal safety without the necessity of showing actual past or historical abuse or violence against the particular petitioner,

Legislative history

New bill in the Senate. A.9409 of 2014 passed the Assembly.

Fiscal implications for state and local governments

None.

Effective date

Immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.