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Indicates Matter Stricken
Indicates New Matter
A229, R222, S141
Sponsors: Senators Hayes, Knotts and Elliott
Document Path: l:\s-res\rwh\006name.mrh.doc
Introduced in the Senate on January 11, 2005
Introduced in the House on March 9, 2005
Last Amended on February 7, 2006
Passed by the General Assembly on February 8, 2006
Governor's Action: February 17, 2006, Signed
Summary: Person seeking name change must sign affidavit stating he has never been convicted of a crime
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/15/2004 Senate Prefiled 12/15/2004 Senate Referred to Committee on Judiciary 1/11/2005 Senate Introduced and read first time SJ-150 1/11/2005 Senate Referred to Committee on Judiciary SJ-150 3/2/2005 Senate Committee report: Favorable with amendment Judiciary SJ-11 3/3/2005 Senate Amended SJ-33 3/3/2005 Senate Read second time SJ-33 3/3/2005 Scrivener's error corrected 3/4/2005 Scrivener's error corrected 3/8/2005 Senate Read third time and sent to House SJ-15 3/9/2005 House Introduced and read first time HJ-9 3/9/2005 House Referred to Committee on Judiciary HJ-9 2/1/2006 House Committee report: Favorable with amendment Judiciary HJ-8 2/2/2006 Scrivener's error corrected 2/7/2006 House Amended HJ-23 2/7/2006 House Read second time HJ-24 2/8/2006 House Read third time and returned to Senate with amendments HJ-17 2/8/2006 Senate Concurred in House amendment and enrolled SJ-24 2/15/2006 Ratified R 222 2/17/2006 Signed By Governor 2/22/2006 Copies available 2/22/2006 Effective date 02/17/06 2/27/2006 Act No. 229
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VERSIONS OF THIS BILL
(A229, R222, S141)
AN ACT TO AMEND SECTION 15-49-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS OF A PETITIONER SEEKING A NAME CHANGE, TO PROVIDE THAT A PETITIONER REQUESTING A NAME CHANGE MUST SIGN AN AFFIDAVIT STATING HE HAS NEVER BEEN CONVICTED OF A CRIME UNDER A DIFFERENT NAME OTHER THAN THE NAME IN WHICH HE IS MAKING THE REQUEST, TO CREATE THE OFFENSES OF KNOWINGLY AND WILFULLY FALSIFYING AN AFFIDAVIT AND OF KNOWINGLY AND WILFULLY FALSIFYING AN AFFIDAVIT BY A PERSON REQUIRED TO BE REGISTERED PURSUANT TO THE SEX OFFENDER REGISTRY UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE PENALTIES FOR THESE VIOLATIONS, AND TO EXEMPT A PERSON DESIRING TO RESUME HER MAIDEN NAME FROM THE REQUIREMENTS OF THIS SECTION.
Be it enacted by the General Assembly of the State of South Carolina:
Name change affidavit
SECTION 1. Section 15-49-20 of the 1976 Code is amended to read:
"Section 15-49-20. (A) A person who petitions 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 must 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 State 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 when 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 may conduct a hearing on the petition and may order the petitioner to be present.
(C) Following the hearing and upon consideration of the petition, the reason contained in the petition, and other documentation before the court, the judge must determine and grant or refuse the 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 must 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 must make the appropriate changes to the petitioner's department record.
(F) A petitioner who requests a background check from a law enforcement agency pursuant to the provisions of this section shall sign an affidavit stating he has never been convicted of a crime under a name other than the name in which he is making the request. A surrogate or person representing a petitioner over the age of eighteen shall not be allowed to sign the affidavit. A petitioner who knowingly and wilfully falsifies the affidavit must be punished as provided in subsections (G) or (H).
(G) A person who knowingly and wilfully falsifies the affidavit required in subsection (F), upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than six months, or both.
(H) A person convicted of an offense requiring registration with the State Law Enforcement Division's Sex Offender Registry, and who knowingly and wilfully falsifies the affidavit required in subsection (F) in order to obtain employment, including employment with a child daycare center, or other entity that cares for vulnerable individuals, upon conviction, must be imprisoned for a period of not more than ten years.
(I) All costs associated with the requirements of this section are the sole responsibility of the petitioner.
(J) The provisions of this section do not apply to a person who wishes to resume her maiden name as a result of a domestic action filed in family court. A family court judge may authorize a name change for a person wishing to resume her maiden name in another order including, but not limited to, an order for separate support and maintenance or a final divorce decree."
SECTION 2. This act takes effect upon approval by the Governor.
Ratified the 15th day of February, 2006.
Approved the 17th day of February, 2006.
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