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                                                       PRINTER'S NO. 437

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 420 Session of 1997


        INTRODUCED BY BRIGHTBILL, SALVATORE, WENGER, MUSTO, MURPHY,
           TOMLINSON, KASUNIC, HART AND SLOCUM, FEBRUARY 10, 1997

        REFERRED TO JUDICIARY, FEBRUARY 10, 1997

                                     AN ACT

     1  Amending Title 54 (Names) of the Pennsylvania Consolidated
     2     Statutes, providing further procedures prior to name change
     3     orders.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 702 of Title 54 of the Pennsylvania
     7  Consolidated Statutes is amended to read:
     8  § 702.  Change by order of court.
     9     (a)  General rule.--The court of common pleas of any county
    10  may by order change the name of any person resident in the
    11  county.
    12     (b)  Procedure.--Prior to entry of an order of approval of
    13  change of name, all of the following shall apply:
    14         (1)  The court must forward to the Pennsylvania State
    15     Police a duplicate copy of the application for change of name
    16     and a set of the person's fingerprints. The person applying
    17     for the change of name is responsible for costs under this
    18     paragraph.

     1         (2)  The Pennsylvania State Police shall use the
     2     fingerprints to determine if the person is subject to 18
     3     Pa.C.S. Ch. 91 (relating to criminal history record
     4     information).
     5         (3)  The Pennsylvania State Police shall:
     6             (i)  if the person is subject to 18 Pa.C.S. Ch. 91,
     7         note the name change on the person's criminal history
     8         record information; or
     9             (ii)  if the person is not subject to 18 Pa.C.S. Ch.
    10         91, destroy the fingerprints.
    11         (4)  Within 60 days of receipt of the material under
    12     paragraph (1), the Pennsylvania State Police shall certify to
    13     the court what action has been taken under paragraph (3).
    14         (5)  The procedure in this subsection shall not apply to
    15     proceedings involving:
    16             (i)  An election to resume a prior surname pursuant
    17         to 54 Pa.C.S. § 704 (relating to divorced person may
    18         resume prior name).
    19             (ii)  Name changes involving minor children in
    20         adoption proceedings pursuant to 23 Pa.C.S. § 2904
    21         (relating to name of adoptee).
    22     Section 2.  This act shall take effect in 60 days.






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