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