Regular Session 2015-2016 House Bill 0301 P.N. 0299

PRINTER'S NO. 299

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

301

Session of

2015

INTRODUCED BY COHEN, FRANKEL, V. BROWN, BROWNLEE, M. DALEY,

McNEILL, SCHLOSSBERG AND THOMAS, FEBRUARY 2, 2015

REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 2, 2015

AN ACT

Amending Title 54 (Names) of the Pennsylvania Consolidated

Statutes, in judicial change of name, further providing for

court approval required for change of name and change by

order of court.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 701 and 702 of Title 54 of the

Pennsylvania Consolidated Statutes are amended to read:

§ 701. Court approval required for change of name.

(a) General rule.--Except as set forth in subsection (b), it

shall be unlawful for any person to assume a name different from

the name by which such person is and has been known, unless such

change in name is made pursuant to proceedings in court in

accordance with subsection (a.1).

(a.1) Procedure.--

(1) An individual must file a petition in the orphans'

court division of the court of common pleas of the county in

which the individual resides. If a petitioner is married, the

petitioner's spouse may join as a party petitioner, in which

event, upon compliance with the provisions of this

subsection, the spouse shall also be entitled to the benefits

of this subsection.

(2) The petition must set forth all of the following:

(i) The intention to change the petitioner's name.

(ii) The reason for the name change.

(iii) The current residence of petitioner.

(iv) Any residence of the petitioner for the five

years prior to the date of the petition.

(v) If the petitioner requests the court proceed

under paragraph (3)(iii).

(3) Upon filing of the petition, the court shall do all

of the following:

(i) Set a date for a hearing on the petition. The

hearing shall be held not less than one month nor more

than three months after the petition is filed.

(ii) Except as provided in subparagraph (iii), by

order, direct that notice be given of the filing of the

petition and of the date set for the hearing on the

petition and that the notice be [treated as follows:

(A) Published in two newspapers of general

circulation in the county where the petitioner

resides or a county contiguous to that county. One of

the publications may be in the official paper for the

publication of legal notices in the county.

(B) Given] given to any nonpetitioning parent of

a child whose name may be affected by the

proceedings.

(iii) If the court finds that the notice required in

subparagraph (ii) would jeopardize the safety of the

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person seeking the name change or his or her child or

ward, the notice required shall be waived by order of the

court. Upon granting the request to waive any notice

requirement, the court shall seal the file. In all cases

filed under this paragraph, whether or not the name

change petition is granted, there shall be no public

access to any court record of the name change petition,

proceeding or order, unless the name change is granted

but the file is not sealed. The records shall only be

opened by order of the court in which the petition was

granted based upon a showing of good cause or at the

applicant's request.

(4) At the hearing, [the following apply:

(i) Any] any person having lawful objection to the

change of name may appear and be heard.

[(ii) The petitioner must present to the court all

of the following:

(A) Proof of publication of the notice under

paragraph (3)(ii) unless petitioner requested the

court proceed under paragraph (3)(iii) and the court

granted the request.

(B) An official search of the proper offices of

the county where petitioner resides and of any other

county where petitioner has resided within five years

prior to filing the petition showing that there are

no judgments, decrees of record or other similar

matters against the petitioner. This clause may be

satisfied by a certificate given by a corporation

authorized by law to make the search under this

clause.]

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(5) The court may enter a decree changing the name as

petitioned if the court is satisfied after the hearing that

there is no lawful objection to the granting of the petition.

(b) Informal change of name.--Notwithstanding subsection

(a), a person may at any time adopt and use any name if such

name is used consistently, nonfraudulently and exclusively. The

adoption of such name shall not, however, be in contravention of

the prohibitions contained in section 702(c) (relating to change

by order of court).

§ 702. Change by order of court.

(a) General rule.--The orphans' court division of the court

of common pleas of any county may by order change the name of

any person resident in the county.

(b) Procedure.--Prior to entry of an order of approval of

change of name, all of the following shall apply:

(1) The court must forward to the Pennsylvania State

Police a duplicate copy of the application for change of name

and a set of the person's fingerprints. The person applying

for the change of name is responsible for costs under this

paragraph.

(2) The Pennsylvania State Police shall use the

fingerprints to determine if the person is subject to 18

Pa.C.S. Ch. 91 (relating to criminal history record

information).

(3) The Pennsylvania State Police shall:

(i) if the person is subject to 18 Pa.C.S. Ch. 91,

note the name change on the person's criminal history

record information; or

(ii) if the person is not subject to 18 Pa.C.S. Ch.

91, destroy the fingerprints.

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(4) Within 60 days of receipt of the material under

paragraph (1), the Pennsylvania State Police shall certify to

the court what action has been taken under paragraph (3).

(5) The procedure in this subsection shall not apply to

proceedings involving:

(i) An election to resume a prior surname pursuant

to section 704 (relating to divorcing and divorced person

may resume prior name).

(ii) Name changes involving minor children in

adoption proceedings.

(iii) A name change involving a minor child whose

name is being changed pursuant to section 703 (relating

to effect on children) or because of the change of name

of the child's parent.

(1) The court may order a change of name for a person

convicted of a felony[, subject to provisions of paragraph

(2),] if:

(i) at least [two] one calendar [years have] year

has elapsed from the date of completion of a person's

sentence and that person is not subject to the probation

or parole jurisdiction of any court, county probation

agency or the Pennsylvania Board of Probation and Parole;

(ii) the person has been pardoned.

[(2) The court may not order a change of name for a

person convicted of murder, voluntary manslaughter, rape,

involuntary deviate sexual intercourse, statutory sexual

assault, sexual assault, aggravated indecent assault, robbery

as defined in 18 Pa.C.S. § 3701(a)(1)(i) (relating to

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robbery), aggravated assault as defined in 18 Pa.C.S. §

2702(a)(1) or (2) (relating to aggravated assault), arson as

defined in 18 Pa.C.S. § 3301(a) (relating to arson and

related offenses), kidnapping or robbery of a motor vehicle

or criminal attempt, criminal conspiracy or criminal

solicitation to commit any of the offenses listed above or an

equivalent crime under the laws of this Commonwealth in

effect at the time of the commission of that offense or an

equivalent crime in another jurisdiction.]

(3) The court shall notify the Office of Attorney

General, the Pennsylvania State Police and the office of the

district attorney of the county in which the person resides

when a change of name for a person convicted of a felony has

been ordered. The Pennsylvania State Police, upon receipt of

this notice, shall include the change of name information in

the central repository as provided for in 18 Pa.C.S. Ch. 91.

Section 2. This act shall take effect in 60 days.

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