REFERENCE TITLE: change of name; application; venue

 

 

 

State of Arizona

Senate

Forty-seventh Legislature

Second Regular Session

2006

 

 

SB 1303

 

Introduced by

Senator Huppenthal

 

 

AN ACT

 

AMending section 12-601, Arizona Revised Statutes; relating to change of name.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 



Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 12-601, Arizona Revised Statutes, is amended to read:

START_STATUTE12-601.  Application; venue; judgment

A.  When A person who desires to change his the person's name and to adopt another name, he may file an application in the superior court in the county of his the person's residence, setting forth reasons for the change of name and the name he the person wishes to adopt.  The court may enter judgment that the adopted name of the party be substituted for the original name.  The court shall consider the criteria under subsection C of this section in determining whether to enter judgment that the adopted name of the party be substituted for the original name.

B.  The parent, guardian ad litem or next friend of a minor may file an application for change of the name of the minor in the county of the minor's residence.  The court shall consider the best interests of the child minor and the criteria under subsection C of this section in determining whether to enter judgment that the name of the minor be changed.

C.  A person who files an application for change of name shall include a statement, made under penalty of perjury, that:

1.  The person has not been convicted of a felony.

2.  No felony charges are pending in any jurisdiction against the person for any offense under title 13, chapter 18, 20, 21, 22, 23 or 27 or any other offense involving false statements or misrepresentations about the person's identity.

3.  The person is not knowingly changing the person's name to that of another individual for the purpose of committing or furthering the commission of any offense under title 13, chapter 18, 20, 21, 22, 23 or 27 or any other offense involving false statements.

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

5.  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.

D.  Notwithstanding any law to the contrary, a victim as defined in section 13-4401 or a prosecutor has standing to contest any legal name change at any time before the entry of judgment or up to one year after entry of judgment.

E.  On entering a conviction for an offense under title 13, chapter 18, 20, 21, 22, 23 or 27 or any other offense involving false statements or misrepresentations about the person's identity, the superior court may enter an order setting aside a change of name judgment or deny any pending application.  END_STATUTE