HOUSE AMENDED
PRIOR PRINTER'S NOS. 437, 1859 PRINTER'S NO. 2000
No. 420 Session of 1997
INTRODUCED BY BRIGHTBILL, SALVATORE, WENGER, MUSTO, MURPHY,
TOMLINSON, KASUNIC, HART AND SLOCUM, FEBRUARY 10, 1997
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
MAY 6, 1998
AN ACT
1 Amending Title TITLES 54 (Names) AND 18 (CRIMES AND OFFENSES) of <--
2 the Pennsylvania Consolidated Statutes, providing further
3 procedures prior to name change orders; REQUIRING THE <--
4 DOMESTIC RELATIONS SECTION TO INVESTIGATE CHILD SUPPORT
5 FILES; AND DEFINING THE OFFENSE OF UNAUTHORIZED POSSESSION OR
6 USE OF PERSONAL IDENTIFYING INFORMATION.
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. SECTIONS 701 AND 702 OF TITLE 54 OF THE <--
12 PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:
13 § 701. COURT APPROVAL REQUIRED FOR CHANGE OF NAME.
14 (A) GENERAL RULE.--IT SHALL BE UNLAWFUL FOR ANY PERSON TO
15 ASSUME A NAME DIFFERENT FROM THE NAME BY WHICH SUCH PERSON IS
16 AND HAS BEEN KNOWN, UNLESS SUCH CHANGE IN NAME IS MADE PURSUANT
17 TO PROCEEDINGS IN COURT AS PROVIDED BY THIS CHAPTER.
18 (B) INFORMAL CHANGE OF NAME.--NOTWITHSTANDING SUBSECTION
1 (A), A PERSON MAY AT ANY TIME ADOPT AND USE ANY NAME IF SUCH
2 NAME IS USED CONSISTENTLY, NONFRAUDULENTLY AND EXCLUSIVELY. THE
3 ADOPTION OF SUCH NAME SHALL NOT HOWEVER BE IN CONTRAVENTION OF
4 THE PROHIBITIONS CONTAINED IN SECTION 702(C) (RELATING TO CHANGE
5 BY ORDER OF COURT).
6 § 702. Change by order of court.
7 (a) General rule.--The court of common pleas of any county
8 may by order change the name of any person resident in the
9 county.
10 (b) Procedure.--Prior to entry of an order of approval of
11 change of name, all of the following shall apply:
12 (1) The court must forward to the Pennsylvania State
13 Police a duplicate copy of the application for change of name
14 and a set of the person's fingerprints. The person applying
15 for the change of name is responsible for costs under this
16 paragraph.
17 (2) The Pennsylvania State Police shall use the
18 fingerprints to determine if the person is subject to 18
19 Pa.C.S. Ch. 91 (relating to criminal history record
20 information).
21 (3) The Pennsylvania State Police shall:
22 (i) if the person is subject to 18 Pa.C.S. Ch. 91,
23 note the name change on the person's criminal history
24 record information; or
25 (ii) if the person is not subject to 18 Pa.C.S. Ch.
26 91, destroy the fingerprints.
27 (4) Within 60 days of receipt of the material under
28 paragraph (1), the Pennsylvania State Police shall certify to
29 the court what action has been taken under paragraph (3).
30 (5) The procedure in this subsection shall not apply to
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1 proceedings involving:
2 (i) An election to resume a prior surname pursuant
3 to 54 Pa.C.S. § 704 (relating to divorced person may
4 resume prior name).
5 (ii) Name changes involving minor children in
6 adoption proceedings pursuant to 23 Pa.C.S. § 2904
7 (relating to name of adoptee).
8 (C) CONVICTED FELONS.-- <--
9 (1) THE COURT MAY ORDER A CHANGE OF NAME FOR A PERSON
10 CONVICTED OF A FELONY, SUBJECT TO PROVISIONS OF PARAGRAPH
11 (2), IF:
12 (I) AT LEAST TWO CALENDAR YEARS HAVE ELAPSED FROM
13 THE DATE OF COMPLETION OF A PERSON'S SENTENCE AND THAT
14 PERSON IS NOT SUBJECT TO THE PROBATION OR PAROLE
15 JURISDICTION OF ANY COURT, COUNTY PROBATION AGENCY OR THE
16 PENNSYLVANIA BOARD OF PROBATION AND PAROLE; OR
17 (II) THE PERSON HAS BEEN PARDONED.
18 (2) THE COURT MAY NOT ORDER A CHANGE OF NAME FOR A
19 PERSON CONVICTED OF MURDER, VOLUNTARY MANSLAUGHTER, RAPE,
20 INVOLUNTARY DEVIATE SEXUAL INTERCOURSE, STATUTORY SEXUAL
21 ASSAULT, SEXUAL ASSAULT, AGGRAVATED INDECENT ASSAULT, ROBBERY
22 AS DEFINED IN 18 PA.C.S. § 3701(A)(1)(I) (RELATING TO
23 ROBBERY), AGGRAVATED ASSAULT AS DEFINED IN 18 PA.C.S. §
24 2702(A)(1) OR (2) (RELATING TO AGGRAVATED ASSAULT), ARSON AS
25 DEFINED IN 18 PA.C.S. § 3301(A) (RELATING TO ARSON AND
26 RELATED OFFENSES), KIDNAPPING OR ROBBERY OF A MOTOR VEHICLE,
27 OR CRIMINAL ATTEMPT, CRIMINAL CONSPIRACY OR CRIMINAL
28 SOLICITATION TO COMMIT ANY OF THE OFFENSES LISTED ABOVE, OR
29 AN EQUIVALENT CRIME UNDER THE LAWS OF THIS COMMONWEALTH IN
30 EFFECT AT THE TIME OF THE COMMISSION OF THAT OFFENSE, OR AN
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1 EQUIVALENT CRIME IN ANOTHER JURISDICTION.
2 (3) THE COURT SHALL NOTIFY THE OFFICE OF ATTORNEY
3 GENERAL, THE PENNSYLVANIA STATE POLICE AND THE OFFICE OF THE
4 DISTRICT ATTORNEY OF THE COUNTY IN WHICH THE PERSON RESIDES
5 WHEN A CHANGE OF NAME FOR A PERSON CONVICTED OF A FELONY HAS
6 BEEN ORDERED. THE PENNSYLVANIA STATE POLICE, UPON RECEIPT OF
7 THIS NOTICE, SHALL INCLUDE THE CHANGE OF NAME INFORMATION IN
8 THE CENTRAL REPOSITORY AS PROVIDED FOR IN 18 PA.C.S. CH. 91
9 (RELATING TO CRIMINAL HISTORY RECORD INFORMATION).
10 SECTION 2. TITLE 54 IS AMENDED BY ADDING A SECTION TO READ: <--
11 § 702.1. DOMESTIC RELATIONS SECTION TO INVESTIGATE CHILD
12 SUPPORT FILES.
13 (A) GENERAL RULE.--THE DOMESTIC RELATIONS SECTION SERVING
14 THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH A PERSON
15 APPLIES FOR A CHANGE OF NAME SHALL CONDUCT AN INVESTIGATION OF
16 ALL CHILD SUPPORT FILES TO DETERMINE IF THE APPLICANT OWES OR IS
17 PAYING CHILD SUPPORT. THE DOMESTIC RELATIONS SECTION ALSO SHALL
18 CONTACT THE PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE TO
19 DETERMINE IF THE APPLICANT OWES SUPPORT IN ANOTHER COUNTY OR
20 STATE. THE APPLICANT SHALL PROVIDE HIS SOCIAL SECURITY NUMBER TO
21 THE COURT AND TO THE DOMESTIC RELATIONS SECTION ON A FORM NOT
22 OPEN TO PUBLIC REVIEW.
23 (B) THOSE OWING CHILD SUPPORT.--THE COURT MAY ORDER A CHANGE
24 OF NAME FOR ANYONE OWING CHILD SUPPORT, BUT SHALL NOTIFY THE
25 DOMESTIC RELATIONS SECTION OR OTHER OFFICE OR AGENCY IN CHARGE
26 OF THE SUPPORT CASE AND THE DEPARTMENT OF PUBLIC WELFARE OF THE
27 CHANGE OF NAME AND THE SOCIAL SECURITY NUMBER OF THE PERSON
28 GRANTED A CHANGE OF NAME.
29 SECTION 3. TITLE 18 IS AMENDED BY ADDING A SECTION TO READ:
30 § 4120. UNAUTHORIZED POSSESSION OR USE OF PERSONAL IDENTIFYING
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1 INFORMATION.
2 (A) OFFENSE DEFINED.--A PERSON COMMITS AN OFFENSE IF HE:
3 (1) POSSESSES PERSONAL IDENTIFYING INFORMATION OF
4 ANOTHER WITHOUT THE AUTHORIZATION OF THAT OTHER PERSON; OR
5 (2) USES PERSONAL IDENTIFYING INFORMATION OF ANOTHER
6 PERSON TO OBTAIN, OR TO ATTEMPT TO OBTAIN, CREDIT, GOODS OR
7 SERVICES IN THE NAME OF THE OTHER PERSON WITHOUT THE CONSENT
8 OF THAT OTHER PERSON.
9 (B) GRADING.--
10 (1) A VIOLATION OF SUBSECTION (A)(1) CONSTITUTES A
11 MISDEMEANOR OF THE THIRD DEGREE. A SECOND OR SUBSEQUENT
12 VIOLATION OF SUBSECTION (A)(1) CONSTITUTES A MISDEMEANOR OF
13 THE SECOND DEGREE.
14 (2) AN OFFENSE UNDER SUBSECTION (A)(2) SHALL FALL WITHIN
15 THE FOLLOWING CLASSIFICATIONS DEPENDING ON THE VALUE OF THE
16 CREDIT, GOODS OR SERVICES SECURED OR SOUGHT TO BE SECURED BY
17 MEANS OF THE UNAUTHORIZED USE OF PERSONAL IDENTIFYING
18 INFORMATION:
19 (I) IF THE VALUE INVOLVED EXCEEDS $500, THE
20 VIOLATION CONSTITUTES A MISDEMEANOR OF THE FIRST DEGREE;
21 (II) IF THE VALUE INVOLVED WAS $50 OR MORE BUT LESS
22 THAN $500, THE OFFENSE CONSTITUTES A MISDEMEANOR OF THE
23 SECOND DEGREE;
24 (III) IF THE VALUE INVOLVED WAS LESS THAN $50, THE
25 OFFENSE CONSTITUTES A MISDEMEANOR OF THE THIRD DEGREE;
26 (IV) IF THE VALUE INVOLVED CANNOT BE SATISFACTORILY
27 ASCERTAINED, THE OFFENSE CONSTITUTES A MISDEMEANOR OF THE
28 THIRD DEGREE; OR
29 (V) IF THE OFFENSE IS A SECOND OR SUBSEQUENT
30 VIOLATION, THE OFFENSE CONSTITUTES A FELONY OF THE THIRD
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1 DEGREE REGARDLESS OF THE AMOUNT INVOLVED.
2 (3) THE VALUE INVOLVED IN THE UNAUTHORIZED USE OF
3 PERSONAL IDENTIFYING INFORMATION PURSUANT TO ONE SCHEME OR
4 COURSE OF CONDUCT, WHETHER FROM THE SAME PERSON OR SEVERAL
5 PERSONS, MAY BE AGGREGATED IN DETERMINING THE CLASSIFICATION
6 OF THE OFFENSE.
7 (4) WHERE A PERSON COMMITS AN OFFENSE UNDER SUBSECTION
8 (A) AND THE VICTIM OF THE OFFENSE IS 60 YEARS OF AGE OR
9 OLDER, THE GRADING OF THE OFFENSE SHALL BE ONE GRADE HIGHER
10 THAN SPECIFIED IN PARAGRAPH (1) OR (2).
11 (C) DEFINITION.--AS USED IN THIS SECTION, THE TERM "PERSONAL
12 IDENTIFYING INFORMATION" MEANS THE NAME, ADDRESS, TELEPHONE
13 NUMBER, DRIVER'S LICENSE NUMBER, SOCIAL SECURITY NUMBER, PLACE
14 OF EMPLOYMENT, EMPLOYEE IDENTIFICATION NUMBER, MOTHER'S MAIDEN
15 NAME, CHECKING ACCOUNT NUMBER, SAVINGS ACCOUNT NUMBER, DEBIT
16 CARD NUMBER, MONEY ACCESS CARD NUMBER OR CREDIT CARD NUMBER OF
17 AN INDIVIDUAL PERSON.
18 SECTION 4. THE DEPARTMENT OF PUBLIC WELFARE SHALL DRAFT
19 RULES AND REGULATIONS AND SHALL PRINT THE FORM NECESSARY TO
20 COMPLY WITH THE ADDITION OF 54 PA.C.S. § 702.1.
21 Section 2 5. This act shall take effect in 60 days. <--
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