What's happening
This bill prohibits certain violent felons, while incarcerated or under supervision, from legally changing their names in New York.
Why it matters
Targets those convicted of serious violent and sex-related felonies. , such as homicide, certain sexual offenses, and violent assaults, restricting their ability to change their names while still incarcerated or under state supervision. This aims to address concerns about public safety and offender accountability.
Limits loopholes for identity concealment. by preventing name changes for covered felons until they have completed their sentence and supervision, making it harder for individuals to obscure their criminal history to the public, employers, or victims during this period.
Affects rehabilitation and reintegration options. , as name changes can sometimes be part of a fresh start for returning citizens. The restriction reflects a legislative judgment that, for certain crimes, public protection outweighs the rehabilitative value of a name change until the sentence is fully served.
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Who cares
People convicted of covered felonies
The bill would bar them from petitioning for a name change while incarcerated or under state corrections or county probation supervision for those convictions, regardless of when they were convicted.
Courts handling name-change petitions
County courts, Supreme Court and New York City Civil Court would face a new restriction on who may petition for a name change.
Department of Corrections and Community Supervision and county probation departments
Supervision by these agencies for a covered conviction would trigger the name-change petition ban.
Headline styles
No Name Changes for Felons
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- 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.
Ban Name Changes for Felons
In Assembly Committee · Judiciary · Sponsor William Colton
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
234
2017-2018 Regular Sessions
IN SENATE (Prefiled)
January 4, 2017
Introduced by Sens. GOLDEN, YOUNG -- 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 prohibiting certain felons from changing their names
The People of the State of New York, represented in Senate and Assembly, 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:
§ 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04909-01-7
S. 234 2
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the civil rights law, in relation to prohibiting certain felons from changing their names
Purpose or general idea of bill
To prevent the filing of a petition for change of name by anyone who was convicted of certain felonies and is currently confined as an inmate in any correctional facility, on parole, or on probation.
Summary of provisions
Section 1 of this bill 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, 130.30, 130.40, 130.45, 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 from applying for a name change.
Section 2 of this bill provides that this act shall take effect immediately.
Existing law
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 to provide 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.
Prior legislative history
2016: S.1060-A - Passed the Senate 2015: S.1060-A - Passed the Senate 2014: S.2248-A - Passed the Senate 2013: S.2248-A - Passed the Senate 2012: S.1746 - Passed the Senate 2011: S.1746 - Passed the Senate 2010: S.2104 - Referred to Codes 2009: S.2104 - Referred to Codes 2008: S.3440-A - Passed the Senate 2007: S.3440-A - Passed the Senate
Fiscal implications
None to the State. EFFECTIVE DATE : This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.