Regular Session 2021-2022 Senate Bill 1150 P.N. 1533

PRINTER'S NO. 1533

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1150

Session of

2022

INTRODUCED BY CAPPELLETTI, KEARNEY, MUTH, L. WILLIAMS, SAVAL,

KANE, FONTANA AND STREET, APRIL 1, 2022

REFERRED TO JUDICIARY, APRIL 1, 2022

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 for change by

order of court, providing for change by administrative

application and further providing for effect on children.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 701(a), (a.1) heading, (1) and (4)(ii)(B)

and (b) of Title 54 of the Pennsylvania Consolidated Statutes

are amended and the section is amended by adding a subsection 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) or pursuant to the

administrative procedures provided in subsection (a.2).

(a.1) [Procedure] Court petition procedure.--

(1) An individual [must] may file a petition in 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.

* * *

(4) At the hearing, the following apply:

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

the following:

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[(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.]

* * *

(a.2) Administrative procedure.--

(1) Except as provided in paragraph (2), an individual

may apply for a change of name by filing an application with

the Department of Health. The Department of Health shall

prescribe the application form and the manners in which it

shall be filed, subject to the following:

(i) An applicant may obtain and submit the

application for a change of name either electronically

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through the Department of Health's publicly accessible

Internet website or physically at any driver license and

photo center location of the Department of Transportation

of the Commonwealth, in addition to any other Department

of Health location accessible to the public where the

Department of Health makes available the application

form.

(ii) If an individual submits an application at a

driver license or photo center location of the Department

of Transportation, the Department of Transportation shall

promptly transmit the application to the Department of

Health in a secure manner to be determined by the

Department of Health, in consultation with the Department

of Transportation.

(iii) The Department of Health shall distribute the

application form to the Department of Transportation.

(iv) The Department of Health shall make the

following available on its publicly accessible Internet

website:

(A) the electronic application for a change of

name;

(B) the list of Department of Health locations

at which an individual may obtain and submit an

application; and

submitted at any Department of Transportation driver

license or photo center location.

(2) Notwithstanding paragraph (1), an individual seeking

a change of name shall do so by filing a petition with the

court of common pleas pursuant to the procedure under

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subsection (a.1) if any of the following circumstances apply:

(i) The application is for change of name of a minor

and the minor's parent, legal guardian or legal

representative does not provide consent for the

applicant's name change. The application for a change of

name of a minor may proceed under this subsection if the

applicant can demonstrate to the satisfaction of the

Department of Health at the conference scheduled under

paragraph (4)(i) that:

(A) the applicant provided notice to the

nonapplying parent as required under paragraph (4)

(iii) and made a reasonable attempt to obtain written

and notarized consent from the nonapplying parent;

and

(B) there is no objection from the nonapplying

parent.

(ii) The applicant is unable to obtain and present

the required documentation for purposes of applying for a

name change, including documentation required by the

Department of Health, as prescribed by rule or

regulation, to permit the Department of Health to confirm

the identity of the applicant and identify the correct

record of live birth to be amended.

(3) The application must set forth all of the following:

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

(ii) The reason for the name change.

(iii) The current residence of the applicant.

(iv) Any residence of the applicant for the five

years prior to the date of the application.

(4) Upon filing of the application, the Department of

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Health shall do all of the following:

(i) Set a date for a conference on the application,

which shall be held not less than one month nor more than

three months after the application is filed.

(ii) Seal the file. There shall be no public access

to any name change application or record related thereto,

except that it may be opened at the applicant's request.

Applications and records related thereto shall not be

subject to access under the act of February 14, 2008

(P.L.6, No.3), known as the Right-to-Know Law.

(iii) Direct that notice be given of the filing of

the application, by certified mail, return receipt

requested, to any nonapplying parent of a minor whose

name may be affected by the proceedings and notice shall

include the date of the scheduled conference under

subparagraph (i) and that the nonapplying parent may

appear to object to the application at said conference.

(5) At the conference, the following apply:

(i) An individual having lawful objection to the

change of name may be heard.

(ii) The applicant must present to the Department of

Health all of the following:

(A) Proof of service of the notice under

paragraph (4)(iii).

(B) Any other documentation required by the

Department of Health by rule or regulation to permit

the Department of Health to confirm the identity of

the applicant and identify the correct record of live

birth to be amended.

(6) The Department of Health may change the name as

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applied if the Department of Health is satisfied after the

hearing that there is no lawful objection to the granting of

the application.

(7) Any person aggrieved by the Department of Health's

determination under this subsection may appeal to the

Commonwealth Court in accordance with 2 Pa.C.S. (relating to

administrative law and procedure).

(8) Nothing under this subsection, including electing to

file an application for a name change, shall preclude an

individual from the alternative option of filing a petition

for a change of name in a court of common pleas pursuant to

the procedures under subsection (a.1).

(9) The following words and phrases when used in this

subsection shall have the meanings given to them in this

paragraph unless the context clearly indicates otherwise:

"Minor." An individual who is under 18 years of age and

not emancipated.

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

(a), a person may adopt and use any name if the name is used

consistently, nonfraudulently and exclusively. The adoption of

the name shall not, however, be in contravention of the

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

order of court) or 702.1(c) (relating to change by

administrative application).

Section 2. Section 702(c) of Title 54 is amended to read:

§ 702. Change by order of court.

* * *

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

convicted of a felony[, subject to provisions of paragraph

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(2),] if:

(i) [at least two calendar years have elapsed from

the date of completion of a person's sentence and] that

person has completed the person's sentence and is not

subject to the probation or parole jurisdiction of any

court, county probation agency or the Pennsylvania Board

of Probation and Parole; or

(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

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 3. Title 54 is amended by adding a section to read:

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§ 702.1. Change by administrative application.

(a) General rule.--The Department of Health may change the

name of any individual filing an application under section

701(a.2) (relating to court approval required for change of

name).

(b) Procedure.--Prior to the approval of change of name, all

of the following shall apply:

(1) The Department of Health must forward to the

Pennsylvania State Police a duplicate copy of the application

for change of name and a set of the applicant's fingerprints.

The applicant is responsible for costs under this paragraph.

(2) The Pennsylvania State Police shall use the

fingerprints to determine if the applicant is subject to 18

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

information).

(3) The Pennsylvania State Police shall:

(i) if the applicant is subject to 18 Pa.C.S. Ch.

91, note the name change on the applicant's criminal

history record information; or

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

Ch. 91, destroy the fingerprints.

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

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

the department 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).

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(ii) Name changes involving minor children in

adoption proceedings.

(iii) A name change involving a minor child whose

name is being changed under section 703 (relating to

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

the child's parent.

(1) The Department of Health may order a change of name

for an applicant convicted of a felony if:

(i) the individual has completed the individual's

sentence and is not subject to the probation or parole

jurisdiction of any court, county probation agency or the

Pennsylvania Board of Probation and Parole; or

(ii) the individual has been pardoned.

(2) The Department of Health shall notify the Office of

Attorney General, the Pennsylvania State Police and the

office of the district attorney of the county in which the

applicant resides when a change of name for an individual

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.

(d) Rules and regulations.--The Department of Health may

prescribe any rules and regulations necessary to implement the

provisions of this section and section 701(a.1).

(e) Definition.--As used in this section, the term "minor"

means an individual who is under 18 years of age and not

emancipated.

Section 4. Section 703(b) of Title 54 is amended to read:

§ 703. Effect on children.

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* * *

(b) Further change on attaining majority.--Any minor child

whose surname has been changed pursuant to subsection (a) upon

attaining majority shall also be entitled to the benefits of

[section 702 (relating to change by order of court).] sections

702 (relating to change by order of court) and 702.1 (relating

to change by administrative application).

Section 5. This act shall take effect in 60 days.

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