Download This Bill in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
S. 907
STATUS INFORMATION
General Bill
Sponsors: Senator Hayes
Document Path: l:\council\bills\pt\1830ahb04.doc
Introduced in the Senate on February 4, 2004
Introduced in the House on April 13, 2004
Last Amended on April 6, 2004
Currently residing in the House Committee on Judiciary
Summary: provisions requiring an affidavit stating he has never been convicted of a crime when petitioning for a name change
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
-------------------------------------------------------------------------------
2/4/2004 Senate Introduced and read first time SJ-25
2/4/2004 Senate Referred to Committee on Judiciary SJ-25
4/1/2004 Senate Committee report: Favorable with amendment Judiciary
SJ-11
4/6/2004 Senate Amended SJ-26
4/6/2004 Senate Read second time SJ-26
4/6/2004 Senate Ordered to third reading with notice of amendments SJ-26
4/7/2004 Senate Read third time and sent to House SJ-22
4/13/2004 House Introduced and read first time HJ-14
4/13/2004 House Referred to Committee on Judiciary HJ-15
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
April 6, 2004
S. 907
S. Printed 4/6/04--S.
Read the first time February 4, 2004.
TO AMEND SECTION 15-49-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS OF A PETITIONER SEEKING A NAME CHANGE, SO AS 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.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 15-49-20 of the 1976 Code, as last amended by Act 346 of 2002, is further 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.
This web page was last updated on Monday, December 7, 2009 at 10:20 A.M.