House of Representatives

SB 1303

change of name; application; venue

Sponsor: Senator Huppenthal

 

DP

Committee on Judiciary

X

Caucus and COW

 

As Engrossed and As Passed the House

 

 

SB 1303 modifies the application requirements for a legal change of name.

 

History

A.R.S. § 12-601 provides a process for a legal change of name.  A person wishing for a name change can go to the Superior Court (Court) in the county of the person’s residence.  The person provides in the application the reasons why a name change is desired and the name the person wishes to adopt.  The Court then grants or refuses the change of name.

 

A parent or guardian of a minor may file an application for a minor’s change of name.  The Court must take into consideration the best interests of the minor when considering whether to grant the name change or not.

 

Provisions

·          Requires a person who files an application for a change of name to indicate:

-         If the person has been convicted of a felony.

-         If felony charges are pending in any jurisdiction for theft, forgery, credit card fraud, business and commercial fraud, perjury, and any offense involving false statements or misrepresentation regarding the person’s identity.

-         If the person is knowingly changing the person’s name to that of another individual for the purpose of committing theft, forgery, credit card fraud, business and commercial fraud, perjury, and any offense involving false statements.

-         The person is making the application solely for the best interest of the person.

-         The person acknowledges that the change of name will not release the person from any obligations incurred or harm any rights of property or actions in the original name.

 

·          Directs the Court to consider the information indicated by the person or minor in granting a change of name.

 

·          Provides that a victim or prosecutor has the right to contest any legal name change any time before the entry of judgment or for a year after the entry of judgment.

 

·          Allows the Court to enter an order setting aside a judgment for a change of name or deny any pending application upon entering a conviction for theft, forgery, credit card fraud, business and commercial fraud, perjury, and any offense involving false statements or misrepresentation regarding the person’s identity.

 

·          Makes technical and conforming changes.

 

 

 

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Forty-seventh Legislature

Second Regular Session          2          March 9, 2006

 

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