Bill Text: NY A09409 | 2013-2014 | General Assembly | Amended

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Bill Title: Limits the scope of information disclosed in a published notice of change of name.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2014-06-17 - REFERRED TO RULES [A09409 Detail]

Download: New_York-2013-A09409-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        9409--A
                                 I N  A S S E M B L Y
                                    April 29, 2014
                                      ___________
       Introduced  by  M.  of A. BRONSON, RYAN -- read once and referred to the
         Committee on Judiciary -- committee discharged, bill amended,  ordered
         reprinted as amended and recommitted to said committee
       AN  ACT to amend the civil rights law, in relation to limiting the scope
         of information disclosed in a published notice of change of name
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section 64-a of the civil rights law, as amended by chap-
    2  ter 83 of the laws of 2009, is amended to read as follows:
    3    S 64-a. Exemption from publication requirements. 1. If the court shall
    4  find that the publication of an applicant's change of name  would  jeop-
    5  ardize  such  applicant's  personal  safety,  BASED  ON  TOTALITY OF THE
    6  CIRCUMSTANCES the provisions of sections sixty-three and  sixty-four  of
    7  this article requiring publication shall be waived and shall be inappli-
    8  cable.  PROVIDED, HOWEVER, THE COURT SHALL NOT DENY SUCH WAIVER SOLEY ON
    9  THE  BASIS  THAT THE APPLICANT LACKS SPECIFIC INSTANCES OF OR A PERSONAL
   10  HISTORY OF THREAT TO PERSONAL SAFETY. The court shall order the  records
   11  of  such  change  of  name proceeding to be sealed, to be opened only by
   12  order of the court for good cause shown or at the request of the  appli-
   13  cant.
   14    2.  Notwithstanding any other provision of law, pending such a finding
   15  in subdivision one OF THIS SECTION where an applicant seeks relief under
   16  this  section, the court shall immediately order the applicant's current
   17  name, proposed new name, residential and business  addresses,  telephone
   18  numbers,  and any other information contained in any pleadings or papers
   19  submitted to the court to be safeguarded and sealed in order to  prevent
   20  their  inadvertent or unauthorized use or disclosure while the matter is
   21  pending.
   22    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14710-03-4