1Amending Title 54 (Names) of the Pennsylvania Consolidated
2Statutes, further providing for court approval required for
3change of name and change by order of court.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Sections 701 and 702 of Title 54 of the
7Pennsylvania Consolidated Statutes are amended to read:

8§ 701. Court approval required for change of name.

9(a) General rule.--Except as set forth in subsection (b), it
10shall be unlawful for any person to assume a name different from
11the name by which such person is and has been known, unless such
12change in name is made pursuant to proceedings in court in
13accordance with subsection (a.1).

14(a.1) Procedure.--

15(1) An individual must file a petition in the orphans' 
16court division of the court of common pleas of the county in
17which the individual resides. If a petitioner is married, the
18petitioner's spouse may join as a party petitioner, in which

1event, upon compliance with the provisions of this
2subsection, the spouse shall also be entitled to the benefits
3of this subsection.

4(2) The petition must set forth all of the following:

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

6(ii) The reason for the name change.

7(iii) The current residence of petitioner.

8(iv) Any residence of the petitioner for the five
9years prior to the date of the petition.

10(v) If the petitioner requests the court proceed
11under paragraph (3)(iii).

12(3) Upon filing of the petition, the court shall do all
13of the following:

14(i) Set a date for a hearing on the petition. The
15hearing shall be held not less than one month nor more
16than three months after the petition is filed.

17(ii) Except as provided in subparagraph (iii), by
18order, direct that notice be given of the filing of the
19petition and of the date set for the hearing on the
20petition and that the notice be treated as [follows:

21(A) Published in two newspapers of general
22circulation in the county where the petitioner
23resides or a county contiguous to that county. One of
24the publications may be in the official paper for the
25publication of legal notices in the county.

26(B) Given] given to any nonpetitioning parent of
27a child whose name may be affected by the
28proceedings.

29(iii) If the court finds that the notice required in
30subparagraph (ii) would jeopardize the safety of the

1person seeking the name change or his or her child or
2ward, the notice required shall be waived by order of the
3court. Upon granting the request to waive any notice
4requirement, the court shall seal the file. In all cases
5filed under this paragraph, whether or not the name
6change petition is granted, there shall be no public
7access to any court record of the name change petition,
8proceeding or order, unless the name change is granted
9but the file is not sealed. The records shall only be
10opened by order of the court in which the petition was
11granted based upon a showing of good cause or at the
12applicant's request.

13(4) At the hearing, [the following apply:

14(i) Any] any person having lawful objection to the
15change of name may appear and be heard.

16[(ii) The petitioner must present to the court all
17of the following:

18(A) Proof of publication of the notice under
19paragraph (3)(ii) unless petitioner requested the
20court proceed under paragraph (3)(iii) and the court
21granted the request.

22(B) An official search of the proper offices of
23the county where petitioner resides and of any other
24county where petitioner has resided within five years
25prior to filing the petition showing that there are
26no judgments, decrees of record or other similar
27matters against the petitioner. This clause may be
28satisfied by a certificate given by a corporation
29authorized by law to make the search under this
30clause.]

1(5) The court may enter a decree changing the name as
2petitioned if the court is satisfied after the hearing that
3there is no lawful objection to the granting of the petition.

4(b) Informal change of name.--Notwithstanding subsection
5(a), a person may at any time adopt and use any name if such
6name is used consistently, nonfraudulently and exclusively. The
7adoption of such name shall not, however, be in contravention of
8the prohibitions contained in section 702(c) (relating to change
9by order of court).

10§ 702. Change by order of court.

11(a) General rule.--The orphans' court division of the court
12of common pleas of any county may by order change the name of
13any person resident in the county.

14(b) Procedure.--Prior to entry of an order of approval of
15change of name, all of the following shall apply:

16(1) The court must forward to the Pennsylvania State
17Police a duplicate copy of the application for change of name
18and a set of the person's fingerprints. The person applying
19for the change of name is responsible for costs under this
20paragraph.

21(2) The Pennsylvania State Police shall use the 
22fingerprints to determine if the person is subject to 18 
23Pa.C.S. Ch. 91 (relating to criminal history record 
24information).

25(3) The Pennsylvania State Police shall:

26(i) if the person is subject to 18 Pa.C.S. Ch. 91, 
27note the name change on the person's criminal history 
28record information; or

29(ii) if the person is not subject to 18 Pa.C.S. Ch. 
3091, destroy the fingerprints.

1(4) Within 60 days of receipt of the material under
2paragraph (1), the Pennsylvania State Police shall certify to
3the court what action has been taken under paragraph (3).

4(5) The procedure in this subsection shall not apply to
5proceedings involving:

6(i) An election to resume a prior surname pursuant
7to section 704 (relating to divorced person may resume
8prior name).

9(ii) Name changes involving minor children in
10adoption proceedings.

11(iii) A name change involving a minor child whose
12name is being changed pursuant to section 703 (relating
13to effect on children) or because of the change of name
14of the child's parent.

15(c) Convicted felons.--

16(1) The court may order a change of name for a person
17convicted of a felony[, subject to provisions of paragraph
18(2),] if:

19(i) at least [two] one calendar [years have] year 
20has elapsed from the date of completion of a person's
21sentence and that person is not subject to the probation
22or parole jurisdiction of any court, county probation
23agency or the Pennsylvania Board of Probation and Parole;
24or

25(ii) the person has been pardoned.

26[(2) The court may not order a change of name for a 
27person convicted of murder, voluntary manslaughter, rape, 
28involuntary deviate sexual intercourse, statutory sexual 
29assault, sexual assault, aggravated indecent assault, robbery 
30as defined in 18 Pa.C.S. § 3701(a)(1)(i) (relating to
 

1robbery), aggravated assault as defined in 18 Pa.C.S. § 
22702(a)(1) or (2) (relating to aggravated assault), arson as 
3defined in 18 Pa.C.S. § 3301(a) (relating to arson and 
4related offenses), kidnapping or robbery of a motor vehicle 
5or criminal attempt, criminal conspiracy or criminal 
6solicitation to commit any of the offenses listed above or an 
7equivalent crime under the laws of this Commonwealth in 
8effect at the time of the commission of that offense or an 
9equivalent crime in another jurisdiction.]

10(3) The court shall notify the Office of Attorney
11General, the Pennsylvania State Police and the office of the
12district attorney of the county in which the person resides
13when a change of name for a person convicted of a felony has
14been ordered. The Pennsylvania State Police, upon receipt of
15this notice, shall include the change of name information in
16the central repository as provided for in 18 Pa.C.S. Ch. 91.

17Section 2. This act shall take effect in 60 days.