NY State Senate Bill 2019-S1669

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
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Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to codes
Jan 15, 2019	referred to codes

2019-S1669 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Civil Rights Law
Laws Affected:: Add §61-a, amd §§61 & 62, Civ Rts L
Versions Introduced in 2017-2018 Legislative Session:: S6197

2019-S1669 (ACTIVE) - Summary

Requires the court to take all reasonable steps to verify certain information prior to the issue of an order granting a change of name.

2019-S1669 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1669

SPONSOR: BROOKS
 
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

2019-S1669 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1669
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             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 ASSEM-
 BLY, 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 super-
 vision 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 twen-
 ty-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, subdi-
 vision  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.

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Senate Bill S1669

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

2019-S1669 (ACTIVE) - Details

2019-S1669 (ACTIVE) - Summary

2019-S1669 (ACTIVE) - Sponsor Memo

2019-S1669 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1669

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Sponsored By

John E. Brooks

Archive: Last Bill Status - In Senate Committee Codes Committee

2019-S1669 (ACTIVE) - Details

2019-S1669 (ACTIVE) - Summary

2019-S1669 (ACTIVE) - Sponsor Memo

2019-S1669 (ACTIVE) - Bill Text download pdf

Comments