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COMMITTEE REPORT
April 10, 2002
H. 3906
S. Printed 4/10/02--H.
Read the first time April 10, 2001.
To whom was referred a Bill (H. 3906) to amend Section 15-49-20, Code of Laws of South Carolina, 1976, relating to judicial discretion in granting a name change, so as to require a person seeking a name change, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 15-49-20 of the 1976 Code is amended to read:
"Section 15-49-20. (A) A person petitioning the court for a name change must attach to the petition or have provided directly to the court and made a part of the record:
(1) the results of a fingerprint and criminal background check conducted by the State Law Enforcement Division;
(2) a screening statement from the Department of Social Services that indicates whether the person is listed on the department's Central Registry of Child Abuse and Neglect. If the person is listed on the registry and the court grants the petition for a name change, the clerk of court shall notify the department of the change, so that the department can accurately reflect the change in the Central Registry of Child Abuse and Neglect;
(3) an affidavit signed by the petitioner which provides whether the petitioner is under a court order to pay child support or alimony;
(4) a screening statement from the South Carolina Law Enforcement Division that indicates whether the person is listed on the division's sex offender registry. If the person is listed on the registry and the court grants the petition for a name change, the clerk of court shall notify the division of the change so that the division can accurately reflect the change in the sex offender registry.
This subsection does not apply to a minor child where the parent is seeking a name change for the minor child pursuant to Section 15-49-10(B), to a person seeking to return to the person's maiden name or a former married name in an action for divorce, or to a person seeking to change his or her name as a result of the person's marriage.
(B) Prior to issuing an order for a name change, the court shall conduct a hearing on the petition with the petitioner present. However, a petitioner who is incarcerated is not required to be present at the hearing.
(C) Following the hearing and upon such considering the petition and, the reason therein contained in the petition, and other documentation before the court, the judge shall determine and grant or refuse the prayer thereof, as to him shall appear name change as the judge considers proper, having a due regard to the true interest of the petitioner and protection of the public.
(D) If a petitioner is found to have a criminal record as indicated by the background check and the court grants the petition for a name change, the clerk of court must notify the State Law Enforcement Division of the petitioner's new name. The division shall make the appropriate changes to the petitioner's criminal record.
(E) If a petitioner is in custody of the Department of Corrections and the court grants the petition for a name change, the clerk of court must notify the department of the petitioner's new name. The department shall make the appropriate changes to the petitioner's department record.
(F) All costs associated with the requirements of this section are the sole responsibility of the petitioner."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
JAMES H. HARRISON for Committee.
TO AMEND SECTION 15-49-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDICIAL DISCRETION IN GRANTING A NAME CHANGE, SO AS TO REQUIRE A PERSON SEEKING A NAME CHANGE TO BE FINGERPRINTED AND TO PROVIDE THE RESULTS OF A SOUTH CAROLINA LAW ENFORCEMENT DIVISION CRIMINAL RECORD CHECK, A SCREENING STATEMENT FROM THE DEPARTMENT OF SOCIAL SERVICES THAT THE PERSON IS NOT ON THE DEPARTMENT'S REGISTRY OF PERPETRATORS OF CHILD ABUSE OR NEGLECT, AND A CHILD SUPPORT PAYMENT PRINTOUT; TO EXEMPT FROM THESE REQUIREMENTS PARENTS SEEKING A NAME CHANGE FOR THEIR MINOR CHILD AND PERSONS SEEKING TO RETURN TO THEIR MAIDEN NAME OR A FORMER MARRIED NAME IN A DIVORCE ACTION; AND TO REQUIRE THE COURT TO CONDUCT A HEARING ON THE PETITION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 15-49-20 of the 1976 Code is amended to read:
"Section 15-49-20. (A) A person petitioning the court for a name change must attach to the petition or have provided directly to the court and made a part of the record:
(1) the results of a criminal background check conducted by the State Law Enforcement Division;
(2) a screening statement from the Department of Social Services that indicates that the person is not listed on the department's Central Registry of Child Abuse and Neglect as the perpetrator in an indicated report of child abuse or neglect;
(3) if under a court order to pay child support, a child support payment printout obtained from the clerk of family court or a statement from the appropriate court in another jurisdiction, if applicable;
(4) a statement from a law enforcement agency that the person has been fingerprinted by that agency.
This subsection does not apply to a minor child where the parent is seeking a name change for the minor child pursuant to Section 15-49-10(B) or to a person seeking to return to the person's maiden name or a former married name in an action for divorce.
(B) Prior to issuing an order for a name change, the court shall conduct a hearing on the petition with the petitioner present.
(C) Following the hearing and upon such considering the petition and, the reason therein contained in the petition, and other documentation before the court, the judge shall determine and grant or refuse the prayer thereof, as to him shall appear name change as the judge considers proper, having a due regard to the true interest of the petitioner and protection of the public."
SECTION 2. This act takes effect upon approval by the Governor.
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