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3906Ratification Number: 427Act Number: 346Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 20010410Primary Sponsor: WilkinsAll Sponsors: WilkinsDrafted Document Number: l:\council\bills\nbd\11508ac01.docDate Bill Passed both Bodies: 20020530Date of Last Amendment: 20020523Governor's Action: SDate of Governor's Action: 20020720Subject: Name change petitions, requirements for person seeking; exception from certain requirements for minors and adults in connection with divorce or marriageHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20020731 Act No. A346 ------ 20020720 Signed by Governor ------ 20020604 Ratified R427 House 20020530 Concurred in Senate amendment, enrolled for ratification Senate 20020528 Read third time, returned to House with amendment Senate 20020523 Amended, read second time Senate 20020522 Committee report: Favorable with 11 SJ amendment Senate 20020418 Introduced, read first time, 11 SJ referred to Committee House 20020418 Read third time, sent to Senate House 20020417 Amended, read second time House 20020410 Committee report: Favorable with 25 HJ amendment House 20010410 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill Revised on April 10, 2002 - Word format Revised on April 17, 2002 - Word format Revised on May 23, 2002 - Word format
(A346, R427, H3906)
AN ACT 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 SPECIFY INFORMATION THAT MUST BE PROVIDED TO THE COURT WITH A PETITION FOR A NAME CHANGE, INCLUDING FINGERPRINT AND CRIMINAL BACKGROUND CHECK RESULTS, WHETHER THE PETITIONER IS LISTED IN THE CENTRAL REGISTRY OF ABUSE AND NEGLECT OR THE SEX OFFENDER REGISTRY, WHETHER THE PETITIONER IS UNDER AN OBLIGATION TO PAY CHILD SUPPORT, AND WHETHER THE PETITIONER IS IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS AND TO PROVIDE PROCEDURES FOR AGENCIES TO MAKE NAME CHANGES AS A RESULT OF THE INFORMATION PROVIDED; TO PROVIDE EXEMPTIONS FROM CERTAIN NAME CHANGE REQUIREMENTS FOR MINORS AND FOR ADULTS IN CONNECTION WITH NAME CHANGES RELATED TO DIVORCE OR MARRIAGE; AND TO PROVIDE THAT THE PETITIONER IS RESPONSIBLE FOR ALL COSTS ASSOCIATED WITH THESE NAME CHANGE REQUIREMENTS.
Be it enacted by the General Assembly of the State of South Carolina:
Name change procedures
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 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 must 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 may conduct a hearing on the petition and may order the petitioner to be present.
(C) Following the hearing and upon considering 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) 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.
Ratified the 4th day of June, 2002.
Approved the 20th day of July, 2002.
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