Bill Text: NY S06394 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to verification of a name change.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-01-21 - REFERRED TO CODES [S06394 Detail]

Download: New_York-2013-S06394-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6394
                                   I N  S E N A T E
                                   January 21, 2014
                                      ___________
       Introduced  by  Sen.  BALL  --  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 ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The civil rights law is amended by  adding  a  new  section
    2  61-a to read as follows:
    3    S 61-A. VERIFICATION. 1. PRIOR TO THE ISSUANCE OF ANY ORDER GRANTING A
    4  CHANGE  OF  NAME,  THE  COURT IN WHICH THE PETITION HAS BEEN FILED SHALL
    5  TAKE ALL REASONABLE STEPS TO VERIFY  THE  INFORMATION  PROVIDED  BY  THE
    6  PETITIONER PURSUANT TO SECTION SIXTY-ONE OF THIS ARTICLE.
    7    2.  THE OFFICE OF COURT ADMINISTRATION SHALL PROMULGATE SUCH RULES AND
    8  REGULATIONS TO IMPLEMENT THIS SECTION.  IN PROMULGATING SUCH  RULES  AND
    9  REGULATIONS, THE OFFICE SHALL TAKE INTO ACCOUNT THE LEGISLATURE'S INTENT
   10  THAT THE PROCESS OF VERIFICATION AS DESCRIBED IN SUBDIVISION ONE OF THIS
   11  SECTION  SHALL BE MEANT TO PREVENT THE PETITIONER FROM USING NAME CHANGE
   12  TO EVADE LEGAL PROCESS OR OBLIGATION.
   13    S 2. Subdivision 2 of section 61 of the civil rights law,  as  amended
   14  by  section 54 of subpart B of part C of chapter 62 of the laws of 2011,
   15  is amended to read as follows:
   16    2. If the petitioner stands convicted of a violent felony  offense  as
   17  defined in section 70.02 of the penal law or a felony defined in article
   18  one  hundred  twenty-five of such law or any of the following provisions
   19  of such law sections 130.25, 130.30,  130.40,  130.45,  255.25,  255.26,
   20  255.27,  article  two  hundred  sixty-three,  SECTIONS  135.10,  135.25,
   21  230.05, 230.06, subdivision two of section  230.30  or  SECTION  230.32,
   22  [and  is currently confined as an inmate in any correctional facility or
   23  currently under the supervision of the  department  of  corrections  and
   24  community  supervision  or  a county probation department as a result of
   25  such conviction,] the petition shall for each  such  conviction  specify
   26  such  felony conviction, the date of such conviction or convictions, and
   27  the court in which such conviction or convictions were entered.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01317-04-4
       S. 6394                             2
    1    S 3. Subdivision 2 of section 62 of the civil rights law,  as  amended
    2  by  section 55 of subpart B of part C of chapter 62 of the laws of 2011,
    3  is amended to read as follows:
    4    2.  If  the  petition  be  to  change  the name of a person [currently
    5  confined as an inmate in any correctional facility  or  currently  under
    6  the  supervision  of  the department of corrections and community super-
    7  vision or a county probation department as a result of a conviction for]
    8  WHO STANDS CONVICTED OF a violent felony offense as defined  in  section
    9  70.02  of the penal law or a felony defined in article one hundred twen-
   10  ty-five of such law or any of  the  following  provisions  of  such  law
   11  sections 130.25, 130.30, 130.40, 130.45, 255.25, 255.26, 255.27, article
   12  two hundred sixty-three, SECTIONS 135.10, 135.25, 230.05, 230.06, subdi-
   13  vision  two  of section 230.30 or SECTION 230.32, notice of the time and
   14  place when and where the petition will be presented shall be served,  in
   15  like  manner as a notice of a motion upon an attorney in an action, upon
   16  the district attorney of every county in  which  such  person  has  been
   17  convicted  of  such  felony  and  upon  the court or courts in which the
   18  sentence for such felony was entered. Unless a shorter period of time is
   19  ordered by the court,  said  notice  shall  be  served  upon  each  such
   20  district  attorney and court or courts not less than sixty days prior to
   21  the date on which such petition is noticed to be heard.
   22    S 4. This act shall take effect on the one hundred eightieth day after
   23  it shall have become a law.