Bill Text: CA SB1477 | 2011-2012 | Regular Session | Amended
Bill Title: Confidential records: name changes.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2012-08-13 - Re-referred to Com. on APPR. pursuant to Joint Rule 10.5. [SB1477 Detail]
Download: California-2011-SB1477-Amended.html
BILL NUMBER: SB 1477 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 6, 2012
AMENDED IN ASSEMBLY JUNE 26, 2012
AMENDED IN SENATE MAY 15, 2012
AMENDED IN SENATE APRIL 18, 2012
INTRODUCED BY Senator Anderson
FEBRUARY 24, 2012
An act to amend , r epeal, and add Section
1277 of , and to add Section 1278.2 to, the Code of Civil
Procedure, relating to confidential records.
LEGISLATIVE COUNSEL'S DIGEST
SB 1477, as amended, Anderson. Confidential records: name changes.
Existing
(1) Existing law establishes the
procedure for a person to change his or her name. In the case of a
petition for the name change of a person under 18 years of age,
existing law requires the petition to include the name and address of
the minor's parent or parents, as specified, and requires a minor's
nonconsenting parent to be served with notice of the time and place
of the hearing. When a proceeding for a change of name is commenced
by the filing of a petition, existing law requires the court to issue
an order reciting the filing of the petition, the name of the person
by whom it is filed, and the name proposed, except as specified.
Existing law also authorizes an address confidentiality program for
victims of domestic violence, sexual assault, or stalking for the
purposes of enabling state and local agencies to respond to requests
for public records without disclosing a program participant's
residence address contained in any public record and otherwise
providing for confidentiality of identity for that person, subject to
specified conditions. Existing law provides that if a petition for a
change of name alleges a specified reason or circumstance and the
petitioner is a participant in the address confidentiality program,
the action for a change of name is exempt from the publication
requirement.
This bill would authorize a court , until January
1, 2016, to waive the above-described requirements for
publication and notice if required to protect the best
interests of the child the court finds in writing or
on the record that a waiver is necessary, and upon a showing by
the petitioner that the child and petitioner are participants in the
address confidentiality program, that the petitioner
court has issued a final order that awards
the petitioner sole custody of the child and does not
grant the nonpetitioning parent any visitation with the child, as
specified , that the child is protected by an order pursuant to
the Domestic Violence Prevention Act that prevents the
nonpetitioning parent from having contact with the child for
at least 5 years until the child is 18 years of age
or older , and that the nonpetitioning parent is not subject to
an order to pay child support for the minor.
If a court waives the publication and notice requirements
described above and enters an order granting a child's change of name
petition, this bill would, until January 1, 2016, require the
petitioner to provide notice of the child's name change to the
nonpetitioning parent by serving the nonpetitioning parent with a
copy of the order, as specified.
This bill would also require the Judicial Council to study the
effect of waiving the publication and notice requirements, as
described above, and to report all of its findings to the Legislature
on or before April 1, 2015, as specified. The bill would, until
January 1, 2016, require any court that waives the publication and
notice requirements and enters an order granting a child's change of
name petition to provide a copy of the order to the Judicial Council,
as specified.
This bill would also revise the provisions that authorize a
petition for name change change of name
to be exempt from the notice and publication requirements described
above to require the petitioner to establish that he or she is an
active participant in the address confidentiality program and that
the name that he or she is seeking to acquire is on file with the
Secretary of State.
(2) Existing law requires a petition or application for change of
name to be heard at a hearing if objections are filed by any person
who can show good reason against the name change. Existing law
authorizes the court to examine on oath any of the petitioners,
remonstrants, or other persons, touching the petition or application,
and to enter an order granting the change of name or dismissing the
petition or application, as specified.
This bill would require a court, in any hearing pursuant to the
provisions described above in which a petition is filed to change the
name of a minor, to permit a child who is 14 years of age or older
to address the court regarding the proposed name change if the child
wishes to do so, unless the court finds that it would not be in the
best interest of the child and states the reasons for that finding on
the record.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1277 of the Code of Civil Procedure is amended
to read:
1277. (a) If a proceeding for a change of name is commenced by
the filing of a petition, except as provided in subdivisions
(b), (c), and (e), (c), (d), and (f), the court
shall thereupon make an order reciting the filing of the petition,
the name of the person by whom it is filed, and the name proposed.
The order shall direct all persons interested in the matter to appear
before the court at a time and place specified, which shall be not
less than six nor more than 12 weeks from the time of making the
order, unless the court orders a different time, to show cause why
the application for change of name should not be granted. The order
shall direct all persons interested in the matter to make known any
objection that they may have to the granting of the petition for
change of name by filing a written objection, which includes the
reasons for the objection, with the court at least two court days
before the matter is scheduled to be heard and by appearing in court
at the hearing to show cause why the petition for change of name
should not be granted. The order shall state that, if no written
objection is timely filed, the court may grant the petition without a
hearing.
A copy of the order to show cause shall be published pursuant to
Section 6064 of the Government Code in a newspaper of general
circulation to be designated in the order published in the county. If
no newspaper of general circulation is published in the county, a
copy of the order to show cause shall be posted by the clerk of the
court in three of the most public places in the county in which the
court is located, for a like period. Proof shall be made to the
satisfaction of the court of this publication or posting, at the time
of the hearing of the application.
Four weekly publications shall be sufficient publication of the
order to show cause. If the order is published in a daily newspaper,
publication once a week for four successive weeks shall be
sufficient.
If a petition has been filed for a minor by a parent and the other
parent, if living, does not join in consenting thereto, the
petitioner shall cause, not less than 30 days prior to the hearing,
to be served notice of the time and place of the hearing or a copy of
the order to show cause on the other parent pursuant to Section
413.10, 414.10, 415.10, or 415.40. If notice of the hearing cannot
reasonably be accomplished pursuant to Section 415.10 or 415.40, the
court may order that notice be given in a manner that the court
determines is reasonably calculated to give actual notice to the
nonconsenting parent. In that case, if the court determines that
notice by publication is reasonably calculated to give actual notice
to the nonconsenting parent, the court may determine that publication
of the order to show cause pursuant to this subdivision is
sufficient notice to the nonconsenting parent. A
(b) (1) A
court may waive the requirements for publication and notice under
this section subdivision (a) if
required the court finds in writing or on the
record that a waiver is necessary to protect the best
interests of the child and upon a showing by the
petitioner of all of the following:
(1)
(A) The child and the petitioner are participants in
the address confidentiality program created pursuant to Chapter 3.1
(commencing with Section 6205) of Division 7 of Title 1 of the
Government Code.
(2)
(B) A court has issued a final order awarding the
petitioner sole legal and physical custody of the child and the
order does not grant the nonpetitioning parent any visitation
with the child, including supervised visitation .
(3)
(C) The child is protected by an order issued after a
hearing pursuant to the Domestic Violence Prevention Act, Division 10
(commencing with Section 6200) of the Family Code, that prevents the
nonpetitioning parent from having any contact with the child
and that was issued with a duration of at least five years
until the chi ld is 18 years of age or
older .
(4)
(D) The nonpetitioning parent is not subject to an
order to pay child support for the minor whose name is proposed to be
changed.
(2) If a court waives the publication and notice requirements
pursuant to paragraph (1) and enters an order granting a child's
change of name petition, the petitioner shall provide notice of the
child's name change to the nonpetitioning parent by serving the
nonpetitioning parent with a copy of the order. If the order does not
contain the child's new name, the petitioner shall include the child'
s changed name with a copy of the order.
(3) The Judicial Council shall study the effect of waiving the
publication and notice requirements pursuant to paragraph (1), and
shall report all of its findings to the Legislature on or before
April 1, 2015, in the manner provided in Section 9795 of the
Government Code. For purposes of assisting with the report, any court
that waives the publication and notice requirements pursuant to
paragraph (1) and enters an order granting a child's change of name
petition shall provide a copy of the order to the Judicial Council.
(b)
(c) (1) If the petition for a change of name alleges a
reason or circumstance described in paragraph (2), and the petitioner
has established that he or she is an active participant in the
address confidentiality program created pursuant to Chapter 3.1
(commencing with Section 6205) of Division 7 of Title 1 of the
Government Code, and that the name he or she is seeking to acquire is
on file with the Secretary of State, the action for a change of name
is exempt from the requirement for publication of the order to show
cause under pursuant to subdivision
(a), and the petition and the order of the court shall, in lieu of
reciting the proposed name, indicate that the proposed name is
confidential and is on file with the Secretary of State pursuant to
the provisions of the address confidentiality program.
(2) The procedure described in paragraph (1) applies to petitions
alleging any of the following reasons or circumstances:
(A) To avoid domestic violence, as defined in Section 6211 of the
Family Code.
(B) To avoid stalking, as defined in Section 646.9 of the Penal
Code.
(C) The petitioner is, or is filing on behalf of, a victim of
sexual assault, as defined in Section 1036.2 of the Evidence Code.
(3) For any petition under this subdivision, the current legal
name of the petitioner shall be kept confidential by the court and
shall not be published or posted in the court's calendars, indexes,
or register of actions, as required by Article 7 (commencing with
Section 69840) of Chapter 5 of Title 8 of the Government Code, or by
any means or in any public forum, including a hardcopy or an
electronic copy, or any other type of public media or display.
(4) (A) A petitioner may request that the court file the petition
and any other papers associated with the proceeding under seal. The
court may consider the request at the same time as the petition for
name change, and may grant the request in any case in which the court
finds that all of the following factors apply:
(i) There exists an overriding interest that overcomes the right
of public access to the record.
(ii) The overriding interest supports sealing the record.
(iii) A substantial probability exists that the overriding
interest will be prejudiced if the record is not sealed.
(iv) The proposed order to seal the records is narrowly tailored.
(v) No less restrictive means exist to achieve the overriding
interest.
(B) On or before January 1, 2010, the Judicial Council shall
develop rules of court and forms consistent with the requirements of
this paragraph.
(c)
(d) A proceeding for a change of name for a witness
participating in the state Witness Protection Program established by
Title 7.5 (commencing with Section 14020) of Part 4 of the Penal Code
who has been approved for the change of name by the program is
exempt from the requirement for publication of the order to show
cause under pursuant to subdivision
(a).
(d)
(e) If application for change of name is brought as
part of an action under pursuant to the
Uniform Parentage Act (Part 3 (commencing with Section 7600) of
Division 12 of the Family Code), whether as part of a petition or
cross-complaint or as a separate order to show cause in a pending
action thereunder , service of the application
shall be made upon all other parties to the action in a like manner
as prescribed for the service of a summons, as is set forth in
Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of
Part 2. Upon the setting of a hearing on the issue, notice of the
hearing shall be given to all parties in the action in a like manner
and within the time limits prescribed generally for the type of
hearing (whether trial or order to show cause) at which the issue of
the change of name is to be decided.
(e)
(f) If a guardian files a petition to change the name
of his or her minor ward pursuant to Section 1276:
(1) The guardian shall provide notice of the hearing to any living
parent of the minor by personal service at least 30 days prior to
the hearing.
(2) If either or both parents are deceased or cannot be located,
the guardian shall cause, not less than 30 days prior to the hearing,
to be served a notice of the time and place of the hearing or a copy
of the order to show cause on the child's grandparents, if living,
pursuant to Section 413.10, 414.10, 415.10, or 415.40.
(g) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.
SEC. 2. Section 1277 is added to the
Code of Civil Procedure , to read:
1277. (a) If a proceeding for a change of name is commenced by
the filing of a petition, except as provided in subdivisions (b),
(c), and (e), the court shall make an order reciting the filing of
the petition, the name of the person by whom it is filed, and the
name proposed. The order shall direct all persons interested in the
matter to appear before the court at a time and place specified,
which shall be not less than six nor more than 12 weeks from the time
of making the order, unless the court orders a different time, to
show cause why the application for change of name should not be
granted. The order shall direct all persons interested in the matter
to make known any objection that they may have to the granting of the
petition for change of name by filing a written objection, which
includes the reasons for the objection, with the court at least two
court days before the matter is scheduled to be heard and by
appearing in court at the hearing to show cause why the petition for
change of name should not be granted. The order shall state that, if
no written objection is timely filed, the court may grant the
petition without a hearing.
A copy of the order to show cause shall be published pursuant to
Section 6064 of the Government Code in a newspaper of general
circulation to be designated in the order published in the county. If
no newspaper of general circulation is published in the county, a
copy of the order to show cause shall be posted by the clerk of the
court in three of the most public places in the county in which the
court is located, for a like period. Proof shall be made to the
satisfaction of the court of this publication or posting, at the time
of the hearing of the application.
Four weekly publications shall be sufficient publication of the
order to show cause. If the order is published in a daily newspaper,
publication once a week for four successive weeks shall be
sufficient.
If a petition has been filed for a minor by a parent and the other
parent, if living, does not join in consenting thereto, the
petitioner shall cause, not less than 30 days prior to the hearing,
to be served notice of the time and place of the hearing or a copy of
the order to show cause on the other parent pursuant to Section
413.10, 414.10, 415.10, or 415.40. If notice of the hearing cannot
reasonably be accomplished pursuant to Section 415.10 or 415.40, the
court may order that notice be given in a manner that the court
determines is reasonably calculated to give actual notice to the
nonconsenting parent. In that case, if the court determines that
notice by publication is reasonably calculated to give actual notice
to the nonconsenting parent, the court may determine that publication
of the order to show cause under this subdivision is sufficient
notice to the nonconsenting parent. A court may waive the
requirements for publication and notice pursuant to this section if
required to protect the best interests of the child upon a showing by
the petitioner of all of the following:
(1) The child and the petitioner are participants in the address
confidentiality program created pursuant to Chapter 3.1 (commencing
with Section 6205) of Division 7 of Title 1 of the Government Code.
(2) A court has issued a final order awarding the petitioner sole
legal and physical custody of the child.
(3) The child is protected by an order issued after a hearing
pursuant to the Domestic Violence Prevention Act, Division 10
(commencing with Section 6200) of the Family Code, that prevents the
nonpetitioning parent from having any contact with the child and that
was issued with a duration of at least five years.
(4) The nonpetitioning parent is not subject to an order to pay
child support for the minor whose name is proposed to be changed.
(b) (1) If the petition for a change of name alleges a reason or
circumstance described in paragraph (2), and the petitioner has
established that he or she is an active participant in the address
confidentiality program created pursuant to Chapter 3.1 (commencing
with Section 6205) of Division 7 of Title 1 of the Government Code,
and that the name he or she is seeking to acquire is on file with the
Secretary of State, the action for a change of name is exempt from
the requirement for publication of the order to show cause pursuant
to subdivision (a), and the petition and the order of the court
shall, in lieu of reciting the proposed name, indicate that the
proposed name is confidential and is on file with the Secretary of
State pursuant to the provisions of the address confidentiality
program.
(2) The procedure described in paragraph (1) applies to petitions
alleging any of the following reasons or circumstances:
(A) To avoid domestic violence, as defined in Section 6211 of the
Family Code.
(B) To avoid stalking, as defined in Section 646.9 of the Penal
Code.
(C) The petitioner is, or is filing on behalf of, a victim of
sexual assault, as defined in Section 1036.2 of the Evidence Code.
(3) For any petition under this subdivision, the current legal
name of the petitioner shall be kept confidential by the court and
shall not be published or posted in the court's calendars, indexes,
or register of actions, as required by Article 7 (commencing with
Section 69840) of Chapter 5 of Title 8 of the Government Code, or by
any means or in any public forum, including a hardcopy or an
electronic copy, or any other type of public media or display.
(4) (A) A petitioner may request that the court file the petition
and any other papers associated with the proceeding under seal. The
court may consider the request at the same time as the petition for
name change, and may grant the request in any case in which the court
finds that all of the following factors apply:
(i) There exists an overriding interest that overcomes the right
of public access to the record.
(ii) The overriding interest supports sealing the record.
(iii) A substantial probability exists that the overriding
interest will be prejudiced if the record is not sealed.
(iv) The proposed order to seal the records is narrowly tailored.
(v) No less restrictive means exist to achieve the overriding
interest.
(B) On or before January 1, 2010, the Judicial Council shall
develop rules of court and forms consistent with the requirements of
this paragraph.
(c) A proceeding for a change of name for a witness participating
in the state Witness Protection Program established by Title 7.5
(commencing with Section 14020) of Part 4 of the Penal Code who has
been approved for the change of name by the program is exempt from
the requirement for publication of the order to show cause under
subdivision (a).
(d) If application for change of name is brought as part of an
action pursuant to the Uniform Parentage Act (Part 3 (commencing with
Section 7600) of Division 12 of the Family Code), whether as part of
a petition or cross-complaint or as a separate order to show cause
in a pending action, service of the application shall be made upon
all other parties to the action in a like manner as prescribed for
the service of a summons, as is set forth in Article 3 (commencing
with Section 415.10) of Chapter 4 of Title 5 of Part 2. Upon the
setting of a hearing on the issue, notice of the hearing shall be
given to all parties in the action in a like manner and within the
time limits prescribed generally for the type of hearing (whether
trial or order to show cause) at which the issue of the change of
name is to be decided.
(e) If a guardian files a petition to change the name of his or
her minor ward pursuant to Section 1276:
(1) The guardian shall provide notice of the hearing to any living
parent of the minor by personal service at least 30 days prior to
the hearing.
(2) If either or both parents are deceased or cannot be located,
the guardian shall cause, not less than 30 days prior to the hearing,
to be served a notice of the time and place of the hearing or a copy
of the order to show cause on the child's grandparents, if living,
pursuant to Section 413.10, 414.10, 415.10, or 415.40.
(f) This section shall be operative on January 1, 2016.
SEC. 3. Section 1278.2 is added to the
Code of Civil Procedure , to read:
1278.2. (a) In any hearing pursuant to Section 1278 in which a
petition is filed to change the name of a minor, the court shall
permit any child who is 14 years of age or older to address the court
regarding the proposed name change if the child wishes to do so,
unless the court finds that it would not be in the best interest of
the child and states the reasons for that finding on the record.
(b) Nothing in this section shall be construed to prevent a child
who is less than 14 years of age from addressing the court regarding
a proposed name change, if the court determines that it would be
appropriate, based on the best interest of the child.
