What's happening
This bill requires courts to verify information in name change petitions to prevent evasion of legal obligations and modifies notice procedures for those convicted of certain felonies.
Why it matters
Strengthens safeguards against fraud in name change petitions. by requiring courts to proactively verify the information provided, aiming to stop individuals from using a legal name change to escape debts, lawsuits, or other legal accountability.
Mandates the Office of Court Administration to create detailed verification procedures. , ensuring statewide consistency and explicitly aligning rules with the legislative goal of preventing misuse of the name change process.
Expands notification requirements for name changes by those convicted of specific serious felonies. , ensuring that district attorneys and courts involved in the original conviction are alerted—regardless of whether the individual is currently incarcerated or under supervision—potentially aiding in monitoring and public safety.
Removes the previous limitation that notice requirements only apply to individuals currently in custody or under supervision. , broadening oversight to include anyone with certain felony convictions, even after their release, thereby closing a potential loophole for people with serious criminal records.
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Who cares
Headline styles
Tighten Name Change Rules
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 8
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1669
2019-2020 Regular Sessions
IN SENATE
January 15, 2019
Introduced by Sen. BROOKS -- 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 verification of a name change
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The civil rights law is amended by adding a new section 61-a to read as follows:
§ 61-a. Verification. 1. Prior to the issuance of any order granting a change of name, the court in which the petition has been filed shall take all reasonable steps to verify the information provided by the petitioner pursuant to section sixty-one of this article.
2. The office of court administration shall promulgate such rules and regulations to implement this section. In promulgating such rules and regulations, the office shall take into account the legislature's intent that the process of verification as described in subdivision one of this section shall be meant to prevent the petitioner from using name change to evade legal process or obligation.
§ 2. 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 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, sections 135.10, 135.25, 230.05, 230.06, subdivision two of section 230.30 or section 230.32, [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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06858-01-9
S. 1669 2
such felony conviction, the date of such conviction or convictions, and the court in which such conviction or convictions were entered.
§ 3. 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 supervision or a county probation department as a result of a conviction for] who 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, sections 135.10, 135.25, 230.05, 230.06, subdivision two of section 230.30 or section 230.32, 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.
§ 4. This act shall take effect on the one hundred eightieth day after it shall have become a law.
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 verification of a name change
Purpose
The purpose of this bill is to ensure that certain individuals are not able to legally change their name in order to evade a legal process or obligation. As well as to ensure that convicted violent felons, and sex offenders disclose their convictions on the name change petition and that such persons alert the prosecuting agency, and sentencing court of their intent to change their name.
Summary of provisions
Section 1. amends the civil rights law by adding a new section 61-a which provides that prior to the issuance of an order granting a name change the court will take reasonable steps to verify the information provided by the petitioner.
Section 2. amends section 61 of the civil rights law to ensure 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 3. amends section amends subdivision 2 of section 62 of civil rights law to ensure 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.
Section 4. is the enacting clause.
Justification
The amount of change of name petitions filed in courts around the state is voluminous. In addition, many courts is considered these proceedings a perfunctory matter, most times granted without any effort to verify the information provided by the petitioner. There are however a myriad of circumstances under which a change of name petition is used as a vehicle to escape a 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 identi- ty which allows individuals to evade detection in ordinary verification circumstances such as traffic stops.
Recognizing both the need to verify the identity of an individual seek- ing a name change, and the general character of such petitions, this bill directs the courts to take all reasonable steps in verification. Further, this bill authorizes OCA to promulgate such rules and regu- lations as necessary to achieve the twin objectives of preventing name change in undue circumstances and utilizing the resources of the courts in an economical manner.
Fiscal implications
None to the State
Effective date
This act shall take effect on the one hundred eightieth day after it shall have become a law
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.