Bill Text: NY S05240 | 2015-2016 | General Assembly | Introduced

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Bill Title: Limits the scope of information disclosed in a published notice of change of name.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2015-06-18 - SUBSTITUTED BY A2242 [S05240 Detail]

Download: New_York-2015-S05240-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5240
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      May 8, 2015
                                      ___________
       Introduced  by  Sens. SAVINO, HOYLMAN -- 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 limiting the  scope
         of information disclosed in a published notice of change of name
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  Section 64-a of the civil rights law, as amended by  chap-
    2  ter 83 of the laws of 2009, is amended to read as follows:
    3    S 64-a. Exemption from publication requirements. 1. If the court shall
    4  find  that  the publication of an applicant's change of name would jeop-
    5  ardize such applicant's  personal  safety,  BASED  ON  TOTALITY  OF  THE
    6  CIRCUMSTANCES  the  provisions of sections sixty-three and sixty-four of
    7  this article requiring publication shall be waived and shall be inappli-
    8  cable.  PROVIDED, HOWEVER, THE COURT SHALL NOT DENY SUCH WAIVER SOLEY ON
    9  THE BASIS THAT THE APPLICANT LACKS SPECIFIC INSTANCES OF OR  A  PERSONAL
   10  HISTORY  OF THREAT TO PERSONAL SAFETY. The court shall order the records
   11  of such change of name proceeding to be sealed, to  be  opened  only  by
   12  order  of the court for good cause shown or at the request of the appli-
   13  cant.
   14    2.  Notwithstanding any other provision of law, pending such a finding
   15  in subdivision one OF THIS SECTION where an applicant seeks relief under
   16  this section, the court shall immediately order the applicant's  current
   17  name,  proposed  new name, residential and business addresses, telephone
   18  numbers, and any other information contained in any pleadings or  papers
   19  submitted  to the court to be safeguarded and sealed in order to prevent
   20  their inadvertent or unauthorized use or disclosure while the matter  is
   21  pending.
   22    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05996-01-5