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Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
March 2, 2005
S. 141
S. Printed 3/2/05--S.
Read the first time January 11, 2005.
To whom was referred a Bill (S. 141) to amend Section 15-49-20 of the 1976 code, relating to the requirements of a petitioner seeking a name change, to provide that a petitioner requesting a name, 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, page 1, by striking line 28 and inserting:
/ name change must attach to the petition or have provided /
Amend the bill further, as and if amended, page 1, by striking line 36 and inserting:
/ a name change, the clerk of court must notify the department /
Amend the bill further, as and if amended, page 2, by striking line 19 and inserting:
/ documentation before the court, the judge must determine /
Amend the bill further, as and if amended, page 2, by striking lines 25-27 and inserting:
/ 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 /
Amend the bill further, as and if amended, page 2, by striking lines 31-32 and inserting:
/ clerk of court must notify the department of the petitioner's new name. The department must make the appropriate /
Amend the bill further, as and if amended, page 2, by striking lines 34-39 and inserting:
/ (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 willfully falsifies the affidavit must be punished as provided in subsections (G) or (H). /
Amend the bill further, as and if amended, page 2, by striking lines 40-42 and inserting:
/ (G) A person who knowingly and willfully falsifies the affidavit required in subsection (F), upon conviction, must be imprisoned for a period of not more than one year, no part of which may be suspended or probation granted. /
Amend the bill further, as and if amended, page 3, by striking lines 1-2 and inserting:
/ (H) A person convicted of an offense requiring registration with the State Law Enforcement Division's Sex Offender Registry, and who knowingly and willfully falsifies the affidavit required in subsection (F) in order to obtain employment , including employment with a child day care center, or other entity that cares for vulnerable individuals, upon conviction, must be imprisoned for a period of not more than ten years, no part of which may be suspended or probation granted.
(F)(I) All costs associated with the requirements of this section are the sole responsibility of the petitioner." /
Renumber sections to conform.
Amend title to conform.
CHAUNCEY K. GREGORY for Committee.
TO AMEND SECTION 15-49-20 OF THE 1976 CODE, 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 AND TO PROVIDE A PENALTY FOR A VIOLATION OF THE SECTION.
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 who petitions the court for a name change must shall 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 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 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 must 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 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 considering consideration of the petition, the reason contained in the petition, and other documentation before the court, the judge must shall 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 shall notify the State Law Enforcement Division of the petitioner's new name. The division must 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 shall notify the department of the petitioner's new name. The department must shall 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 petitioner who falsifies the affidavit must be punished as provided in subsection (G).
(G) A person who violates a provision of this section, upon conviction, must be imprisoned for a mandatory minimum of one year, no part of which may be suspended nor probation granted.
(F)(H) 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.
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