Bill Text: NJ S1679 | 2016-2017 | Regular Session | Introduced
Bill Title: Establishes criminal background check requirement for name change and prohibits name change in certain circumstances.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2016-02-29 - Introduced in the Senate, Referred to Senate Judiciary Committee [S1679 Detail]
Download: New_Jersey-2016-S1679-Introduced.html
Sponsored by:
Senator PETER J. BARNES, III
District 18 (Middlesex)
SYNOPSIS
Establishes criminal background check requirement for name change and prohibits name change in certain circumstances.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning name changes and criminal background checks, and amending and supplementing Title 2A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2A:52-1 is amended to read as follows:
2A:52-1. a. Any person may institute an action in Superior Court, for authority to assume another name.
b. The complaint for a change of name shall be accompanied by:
(1) a sworn affidavit stating the applicant's name, date of birth, and social security number [, whether or not the applicant has ever been convicted of a crime, and whether any criminal charges are pending against him and, if such convictions or pending charges exist, shall provide such details in connection therewith sufficient to readily identify the matter referred to]. The sworn affidavit shall also recite that the action for a change of name is not being instituted for purposes of avoiding or obstructing criminal prosecution or for avoiding creditors or perpetrating a criminal or civil fraud [. If ] ;
(2) the results of a criminal history record background check of the applicant performed by the Division of State Police in the Department of Law and Public Safety within 30 days prior to the filing of the complaint for a change of name. Each applicant shall have submitted to the Division of State Police the applicant's name, address, fingerprints and written consent for a criminal history record background check to be performed;
(3) the results of a judgment search initiated by the applicant and the applicant's sworn affidavit stating that there are no pending lawsuits, judgments, or bankruptcy proceedings against him; and
(4) if the criminal history record background indicates that the person has been convicted of a crime or that criminal charges are pending, the applicant shall serve a copy of the complaint and affidavit upon any State or county prosecuting authority responsible for the prosecution of any [pending] charges and provide the court with proof of service upon the prosecuting authority.
c. The
applicant shall be responsible for the cost of the background check required by
this section, except that no fee shall be
charged to an applicant who has instituted an action to assume another name due
to the applicant's status as the victim of a violent crime, as defined in
subsection b. of N.J.S.2A:52-2.
d. A person commits a crime of the fourth degree if he knowingly gives or causes to be given false information under this section.
(cf: P.L.1993, c.228, s.1)
2. N.J.S.2A:52-2 is amended to read as follows:
2A:52-2. a. Such person, from and after the day specified therefor in the judgment in the action, shall be known by the name which, by the judgment, he is authorized to assume, and by no other. The judgment for change of name shall include the applicant's social security number and date of birth.
[The] If the person has been convicted of a crime or if there are criminal charges pending against him, the clerk of the court shall forward a copy of the judgment to the State Bureau of Identification in the Division of State Police [if the person has been convicted of a crime or if there are criminal charges pending against him] and the prosecuting authority.
b. If the criminal history record background check conducted pursuant to N.J.S.2A:52-1 indicated that the applicant was convicted of a violent crime, as defined in this section, the prosecuting authority shall notify the victim, or an immediate family member of the victim, of the judgment for change of name. For the purposes of this section, "violent crime" means any crime in which the actor causes death, causes serious bodily injury as defined in subsection b. of N.J.S.2C:11-1, or uses or threatens the immediate use of a deadly weapon, as defined in subsection c. of N.J.S.2C:11-1; and any aggravated sexual assault or sexual assault, as defined in N.J.S.2C:14-2, in which the actor uses, or threatens the immediate use of, physical force.
(cf: P.L.1993, c.228, s.2)
3. (New section) The court shall not grant authority for a change of name to an applicant whose criminal history record background check reveals a conviction for a violent crime, as defined in subsection c. of this section, unless the request for the name change is made for religious reasons or reasons of gender identity.
4. This act shall take effect on the first day of the fourth month next following the date of enactment.
STATEMENT
This bill requires a person
applying for a change of name to undergo a criminal history record background
check. The bill bars persons convicted of a violent crime from assuming a new
name, unless the request for the name change is made for religious reasons
or reasons of gender identity.
Under the bill, upon application to the court for the authority to assume another name, an applicant would be required to submit the following:
(1) a sworn affidavit stating the applicant's name, date of birth, and social security number which also recites that the action for a change of name is not being instituted for purposes of avoiding or obstructing criminal prosecution or for avoiding creditors or perpetrating a criminal or civil fraud;
(2) the results of a criminal history record background check performed by the Division of State Police within 30 days prior to the filing of the complaint for a change of name. Each applicant would have submitted to the Division of State Police the applicant's name, address, fingerprints and written consent for the background check;
(3) the results of a judgment search initiated by the applicant and the applicant's sworn affidavit stating that there are no pending lawsuits, judgments, or bankruptcy proceedings against him; and
(4) if the criminal history record background check indicates that the person has been convicted of a crime or that criminal charges are pending, the applicant would serve a copy of the complaint and affidavit upon any State or county prosecuting authority responsible for the prosecution of any charges and provide the court with proof of service upon the prosecuting authority.
The bill specifies that applicants would be responsible for the cost of the background check, but no fee would be charged to an applicant who has instituted an action to assume another name due to the applicant's status as the victim of a violent crime. "Violent crime" is defined in the bill as any crime in which the actor causes death or serious bodily injury or uses or threatens the immediate use of a deadly weapon. The term also includes aggravated sexual assault or sexual assault in which the actor uses or threatens to use physical force.
The bill amends N.J.S.2A:52-2 to provide that if the person has been convicted of a crime or if there are criminal charges pending against him, the clerk of the court would forward a copy of the judgment to the State Bureau of Identification in the Division of State Police and the prosecuting authority. If the background check indicated that the applicant was convicted of a violent crime, the prosecuting authority would notify the victim, or an immediate family member of the victim, of the judgment for change of name.
