South Carolina General Assembly
114th Session, 2001-2002

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Bill 3906


                    Current Status

Bill Number:                      3906
Ratification Number:              427
Act Number:                       346
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20010410
Primary Sponsor:                  Wilkins
All Sponsors:                     Wilkins
Drafted Document Number:          l:\council\bills\nbd\11508ac01.doc
Date Bill Passed both Bodies:     20020530
Date of Last Amendment:           20020523
Governor's Action:                S
Date of Governor's Action:        20020720
Subject:                          Name change petitions, requirements for 
                                  person seeking; exception from certain 
                                  requirements for minors and adults in 
                                  connection with divorce or marriage


                        History

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

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(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."

Time effective

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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