Sponsored by:
Assemblyman MICHAEL PATRICK CARROLL
District 25 (Morris and Somerset)
Assemblyman REED GUSCIORA
District 15 (Hunterdon and Mercer)
SYNOPSIS
Provides that, upon request of applicant, change of name would be confidential and not constitute public record.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning change of name, amending N.J.S.2A:52-1 and N.J.S.2A:52-2, and supplementing Title 2Aof the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2A:52-1 is amended to read as follows:
2A:52-1. Any person may institute an action in Superior Court, for authority to assume another name. The complaint for a change of name shall be accompanied by a sworn affidavit stating the applicant's name, date of birth, social security number, whether or not the applicant has ever been convicted of a crime, and whether any criminal charges are pending against him and, if such convictions or pending charges exist, shall provide such details in connection therewith sufficient to readily identify the matter referred to. If the applicant so directs, the complaint for a change of name shall be submitted under seal and shall not constitute a public record.
A complaint for a change of name shall be accompanied by the results of a judgment search initiated by the applicant and the applicant's sworn affidavit stating that there are no pending lawsuits, judgments, or bankruptcy proceedings against him. The sworn affidavit shall also recite that the action for a change of name is not being instituted for purposes of avoiding or obstructing criminal prosecution or for avoiding creditors or perpetrating a criminal or civil fraud If criminal charges are pending, the applicant shall serve a copy of the complaint and affidavit upon any State or county prosecuting authority responsible for the prosecution of any pending charges.
A person commits a crime of the fourth degree if he knowingly gives or causes to be given false information under this section.
(cf: P.L.1993, c.228, s.1)
2. N.J.S.2A:52-2 is amended to read as follows:
2A:52-2. Such person, from and after the day specified therefor in the judgment in the action, shall be known by the name which, by the judgment, he is authorized to assume, and by no other. The judgment for change of name shall include the applicant's social security number and date of birth. The clerk of the court shall forward a copy of the judgment to the State Bureau of Identification in the Division of State Police if the person has been convicted of a crime or if there are criminal charges pending against him.
At the direction of the
applicant, the judgment for change of name shall be placed under seal and shall
not constitute a public
record under P.L.1963, c.73 (C.47:1A-1 et seq.).
(cf: P.L.1993, c.228, s.2)
3. (New section) a. Notwithstanding the provisions of any other law, an applicant for a change of name may direct that the complaint for a change of name and the judgment for a change of name shall not constitute public records under P.L.1963, c.73 (C.47:1A-1 et seq.) and that all documents relating to a change of name shall be maintained under seal.
b. The applicant for a change of name may direct that notice of the application and judgment shall not be published.
4. This act shall take effect on the 90th day following enactment and shall apply to all actions for change of name brought on or after the effective date.
STATEMENT
This bill would allow name changes to be confidential and not available to the public, if the applicant for a name change so requests. Under the bill, at the direction of the applicant a complaint and judgment for a change of name would not constitute public records under the Open Public Records Act, P.L.1963, c.73 (C.47:1A-1 et seq.), and all documents relating to a change of name would be maintained under seal. The bill also requires that all complaints for a change of name would be accompanied by the results of a judgment search initiated by the applicant, as well as the applicant's sworn affidavit stating that there are no pending lawsuits, judgments, or bankruptcy proceedings against him.