PRIOR PRINTER'S NO. 3113 PRINTER'S NO. 3224
No. 2393 Session of 1996
INTRODUCED BY B. SMITH, GANNON, CALTAGIRONE, DALEY, CLARK,
DERMODY, MASLAND AND MAYERNIK, FEBRUARY 8, 1996
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, MARCH 13, 1996
AN ACT
1 Amending Title TITLES 18 (CRIMES AND OFFENSES) AND 54 (Names) of <--
2 the Pennsylvania Consolidated Statutes, REQUIRING THE <--
3 PENNSYLVANIA STATE POLICE TO RECEIVE NOTIFICATION WHEN THE
4 COURT ORDERS A CHANGE OF NAME FOR A PERSON WITH A CRIMINAL
5 RECORD; AND regulating change of name after conviction of a
6 felony.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 702 of Title 54 of the Pennsylvania <--
10 Consolidated Statutes is amended to read:
11 SECTION 1. TITLE 18 OF THE PENNSYLVANIA CONSOLIDATED <--
12 STATUTES IS AMENDED BY ADDING A SECTION TO READ:
13 § 9115. CHANGE OF NAME OF PERSON WITH A CRIMINAL HISTORY.
14 (A) GENERAL RULE.--WHENEVER THE COURT OF COMMON PLEAS OF ANY
15 COUNTY RECEIVES A PETITION FOR A CHANGE OF NAME UNDER 54 PA.C.S.
16 (RELATING TO NAMES), THE COURT SHALL REQUEST THE PENNSYLVANIA
17 STATE POLICE TO CONDUCT A CRIMINAL HISTORY INVESTIGATION TO
18 ESTABLISH WHETHER OR NOT THE PETITIONER HAS BEEN CONVICTED OF A
19 FELONY, MISDEMEANOR OR A SUMMARY OFFENSE WHICH UPON SECOND
1 CONVICTION WOULD BE GRADED A MISDEMEANOR. THE COURT MAY CHARGE
2 THE PETITIONER FOR THE COSTS OF THIS INVESTIGATION BUT SHALL
3 REIMBURSE THE PENNSYLVANIA STATE POLICE FOR SUCH COSTS. THE
4 PENNSYLVANIA STATE POLICE SHALL MAKE A REPORT OF ITS
5 INVESTIGATION TO THE COURT WITHIN TEN DAYS OF THE REQUEST FOR
6 SAME.
7 (B) TRANSMITTAL OF INFORMATION.--TO ENSURE THE CONTINUED
8 ACCURACY OF CRIMINAL HISTORY RECORDS, THE COURT SHALL REPORT TO
9 THE PENNSYLVANIA STATE POLICE THE CHANGE OF NAME THAT IT GRANTS
10 BY ORDER TO ANY PERSON WHO WAS THE SUBJECT OF AN INVESTIGATION
11 UNDER SUBSECTION (A).
12 SECTION 2. SECTIONS 701 AND 702 OF TITLE 54 ARE AMENDED TO
13 READ:
14 § 701. COURT APPROVAL REQUIRED FOR CHANGE OF NAME.
15 (A) GENERAL RULE.--IT SHALL BE UNLAWFUL FOR ANY PERSON TO
16 ASSUME A NAME DIFFERENT FROM THE NAME BY WHICH SUCH PERSON IS
17 AND HAS BEEN KNOWN, UNLESS SUCH CHANGE IN NAME IS MADE PURSUANT
18 TO PROCEEDINGS IN COURT AS PROVIDED BY THIS CHAPTER.
19 (B) INFORMAL CHANGE OF NAME.--NOTWITHSTANDING SUBSECTION
20 (A), A PERSON MAY AT ANY TIME ADOPT AND USE ANY NAME IF SUCH
21 NAME IS USED CONSISTENTLY, NONFRAUDULENTLY AND EXCLUSIVELY. THE
22 ADOPTION OF SUCH NAME SHALL NOT HOWEVER BE IN CONTRAVENTION OF
23 THE PROHIBITIONS CONTAINED IN SECTION 702(B) (RELATING TO CHANGE
24 BY ORDER OF COURT).
25 § 702. Change by order of court.
26 (a) General Rule.--The court of common pleas of any county
27 may by order change the name of any person resident in the
28 county.
29 (b) Convicted felons.--
30 (1) The court may order a change of name for a person
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1 convicted of a felony, subject to provisions of paragraph
2 (2), if:
3 (i) at least two calendar years have elapsed from
4 the date of completion of a person's sentence and that
5 person is not subject to the probation or parole
6 jurisdiction of any court, county probation agency or the
7 Pennsylvania Board of Probation and Parole; or
8 (ii) the person has been pardoned.
9 (2) The court may not order a change of name for a
10 person convicted of murder, voluntary manslaughter, rape,
11 involuntary deviate sexual intercourse, STATUTORY SEXUAL <--
12 ASSAULT, SEXUAL ASSAULT, AGGRAVATED INDECENT ASSAULT, robbery
13 as defined in 18 Pa.C.S. § 3701(a)(1)(i) (relating to
14 robbery), aggravated assault as defined in 18 Pa.C.S. §
15 2702(a)(1) or (2) (relating to aggravated assault), arson as
16 defined in 18 Pa.C.S. § 3301(a) (relating to arson and
17 related offenses), kidnapping, or robbery of a motor vehicle,
18 or criminal contempt ATTEMPT, criminal conspiracy or criminal <--
19 solicitation to commit any of the offenses listed above, or
20 an equivalent crime under the laws of this Commonwealth in
21 effect at the time of the commission of that offense, or an
22 equivalent crime in another jurisdiction.
23 (3) The court shall notify the Office of Attorney
24 General, THE PENNSYLVANIA STATE POLICE and the office of the <--
25 district attorney of the county in which the person resides
26 when a change of name for a person convicted of a felony has
27 been ordered. THE PENNSYLVANIA STATE POLICE, UPON RECEIPT OF <--
28 THIS NOTICE, SHALL INCLUDE THE CHANGE OF NAME INFORMATION IN
29 THE CENTRAL REPOSITORY AS PROVIDED FOR IN 18 PA.C.S. CH. 91
30 (RELATING TO CRIMINAL HISTORY RECORD INFORMATION).
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1 Section 2 3. This act shall take effect in 60 days. <--
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