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2014 SESSION

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HB 233 Sex offenders; requires circuit court to find good cause before accepting name change applications.

Introduced by: Robert B. Bell | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

How name of person may be changed; sex offenders; probationers; incarcerated persons. Establishes procedures for name change applications from probationers, persons required to register as sex offenders, and incarcerated persons. The court is required to send a copy of the application to certain attorneys for the Commonwealth and to conduct a hearing. The court may order a change of name if the court determines that it would not frustrate a legitimate law-enforcement purpose, is not sought for a fraudulent purpose, and would not otherwise infringe on the rights of others. An order granting a change of name that fails to comport with the statutory requirements is void ad initio, and the attorney for the Commonwealth for the jurisdiction where the application was filed has the authority to bring an independent action to have the order declared void.

SUMMARY AS PASSED HOUSE:

How name of person may be changed; sex offenders; probationers; incarcerated persons. Provides that applications for a change of name by persons for whom registration with the Sex Offender and Crimes Against Minors Registry is required may only be accepted by a court after a finding that good cause exists for such application. The bill provides that if the court accepts an application from a probationer, person for whom registration with the Sex Offender and Crimes Against Minors Registry is required, or incarcerated person, a copy of the application shall be mailed or delivered to the attorney for the Commonwealth for the jurisdiction where the petition was filed and the attorney for the Commonwealth for any jurisdiction where a conviction occurred that resulted in the petitioner's restricted status. The bill also provides that the attorney for the Commonwealth where the petition was filed shall be entitled to respond and represent the interests of the Commonwealth. The bill provides that the court shall conduct a hearing on such applications and may order a change of name if the court determines that it would not frustrate a legitimate law-enforcement purpose, is not sought for a fraudulent purpose, and would not otherwise infringe upon the rights of others. The bill also provides that the order shall contain written findings stating the court's basis for granting the order.

The bill also provides that any order granting a change of name that fails to comport with the requirements is void ab initio and that the attorney for the Commonwealth for the jurisdiction where the petition was filed has the authority to bring an independent action at any time to have such order declared void. The bill also provides that if an order granting a change of name is declared void or if a person is convicted of perjury for unlawfully changing his name, the clerk of the court entering the order or the order of conviction shall transmit a certified copy of the order to the State Registrar of Vital Records, the Department of Motor Vehicles, the State Board of Elections, the Central Criminal Records Exchange, and any agency or department of the Commonwealth that has issued a license to the person where such license utilizes the person's changed name.

SUMMARY AS INTRODUCED:

How name of person may be changed; sex offenders. Provides that applications for a change of name by persons for whom registration with the Sex Offender and Crimes Against Minors Registry is required pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1 may only be accepted by a court after a finding that good cause exists for such application.