S*0141(Rat #0222, Act #0229 of 2006)  General Bill, By Hayes, Knotts and 
Elliott
 AN ACT 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, 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. - ratified title

   12/15/04  Senate Prefiled
   12/15/04  Senate Referred to Committee on Judiciary
   01/11/05  Senate Introduced and read first time SJ-150
   01/11/05  Senate Referred to Committee on Judiciary SJ-150
   03/02/05  Senate Committee report: Favorable with amendment
                     Judiciary SJ-11
   03/03/05  Senate Amended SJ-33
   03/03/05  Senate Read second time SJ-33
   03/03/05         Scrivener's error corrected
   03/04/05         Scrivener's error corrected
   03/08/05  Senate Read third time and sent to House SJ-15
   03/09/05  House  Introduced and read first time HJ-9
   03/09/05  House  Referred to Committee on Judiciary HJ-9
   02/01/06  House  Committee report: Favorable with amendment
                     Judiciary HJ-8
   02/02/06         Scrivener's error corrected
   02/07/06  House  Amended HJ-23
   02/07/06  House  Read second time HJ-24
   02/08/06  House  Read third time and returned to Senate with
                     amendments HJ-17
   02/08/06  Senate Concurred in House amendment and enrolled SJ-24
   02/15/06         Ratified R 222
   02/17/06         Signed By Governor
   02/22/06         Copies available
   02/22/06         Effective date 02/17/06
   02/27/06         Act No. 229

(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."

Time effective

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.