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A04822 Summary:

BILL NOA04822
 
SAME ASNo Same As
 
SPONSORColton (MS)
 
COSPNSRCrouch, Blake, Perry, Raia
 
MLTSPNSRCymbrowitz, Rivera
 
Amd 60, Civ Rts L
 
Provides that no person convicted of certain felonies defined under specified laws of this state may file a petition for change of name while such person is incarcerated or under supervised release therefor.
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A04822 Actions:

BILL NOA04822
 
02/05/2019referred to judiciary
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A04822 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4822
 
SPONSOR: Colton (MS)
  TITLE OF BILL: An act to amend the civil rights law, in relation to prohibiting certain felons from changing their names   PURPOSE OR GENERAL IDEA OF BILL: To prevent the filing of a petition for change of name by anyone who was convicted of certain felonies and is currently confined as an inmate in any correctional facility, on parole, or on probation.   SUMMARY OF PROVISIONS: Section 1 of this bill amends Civil Rights Law section 60 by creating an exception to the ability of a person to petition for a name change. This exception prohibits any person who has been convicted (regardless of when such conviction was entered) of a violent felony as defined in section 70.02 of the Penal Law, a felony defined in article 125 of the Penal Law, or any of the following Penal Law provisions: section 130.25, 130.30, 130.40, 130.45, 255.25, 255.26, article 263, section 135.10, 230.05, 230,06, subdivision two of section 230.30, or section 230.32, and who 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 from applying for a name change. Section 2 of this bill provides that this act shall take effect imme- diately.   EXISTING LAW: Section 60 of the Civil Rights Law currently allows every resident to petition for a name change.   JUSTIFICATION: In the past, convicted felons have been able to change their names while in prison in order to achieve anonymity. In 2000, the Civil Rights Law was amended to provide a process whereby crime victims and communities are notified when certain violent felons petition for a legal name change, giving victims an opportunity to voice their objections. Howev- er, the process of objecting to a name change petition places an unnec- essary burden on crime victims. One way to alleviate this additional burden and protect the rights of victims of violent crime is to not allow violent-felons the opportunity to petition for a name change until they have completed their sentence requirements.   PRIOR LEGISLATIVE HISTORY: 2016: S.1060-A - Passed the Senate 2015: S.1060-A - Passed the Senate 2014: S.2248-A - Passed the Senate 2013: S.2248-A - Passed the Senate 2012: S.1746 - Passed the Senate 2011: S.1746 - Passed the Senate 2010: S.2104 - Referred to Codes 2009: S.2104 - Referred to Codes 2008: S.3440-A - Passed the Senate 2007: S.3440-A - Passed the Senate   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: This act shall take effect immediately.
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A04822 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4822
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 5, 2019
                                       ___________
 
        Introduced by M. of A. COLTON, CROUCH, BLAKE, PERRY, RAIA -- Multi-Spon-
          sored  by -- M.  of A. CYMBROWITZ, RIVERA -- read once and referred to
          the Committee on Judiciary
 
        AN ACT to amend the civil rights law, in relation to prohibiting certain
          felons from changing their names

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section 60 of the civil rights law, as amended by chapter
     2  695 of the laws of 1962, is amended to read as follows:
     3    § 60. Petition for change of name; exception.  1. A petition for leave
     4  to assume another name may be made by a resident of  the  state  to  the
     5  county  court  of the county or the supreme court in the county in which
     6  he or she resides, or, if he or she resides in the  city  of  New  York,
     7  either  to  the supreme court or to any branch of the civil court of the
     8  city of New York, in any county of the city of New York. The petition to
     9  change the name of an infant may be made by the infant  through  his  or
    10  her  next  friend,  or by either of his or her parents, or by his or her
    11  general guardian, or by the guardian of his or her person.
    12    2.   Notwithstanding the provisions  of  subdivision  two  of  section
    13  sixty-one  of  this  article,  on  and  after the effective date of this
    14  subdivision no petition may be made to change the name of any person who
    15  has been convicted (regardless of when such conviction was entered) of a
    16  violent felony offense as defined in section 70.02 of the penal law or a
    17  felony defined in article one hundred twenty-five of such law or any  of
    18  the  following  provisions  of such law: section 130.25, 130.30, 130.40,
    19  130.45, 255.25, 255.26, article two hundred sixty-three, section 135.10,
    20  230.05, 230.06, subdivision two of section 230.30,  or  section  230.32,
    21  and  who is currently confined as an inmate in any correctional facility
    22  or currently under the supervision of the department of corrections  and
    23  community  supervision  or  a county probation department as a result of
    24  such conviction.
    25    § 2. This act shall take effect immediately.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04427-01-9
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