Assigned to JUD                                                                                                  FOR CAUCUS & FLOOR ACTION

ARIZONA STATE SENATE

Forty-seventh Legislature, Second Regular Session

AMENDED

FACT SHEET FOR S.B. 1303

change of name; application; venue

Purpose

            Modifies application requirements for a legal change of name.

Background

            Persons desiring to legally change their name may file an application in the superior court stating a reason for change of name.  The court determines whether to grant the change of name    (A.R.S. § 12-601).  A change of name does not release a person from any obligations or harm any rights under the original name (A.R.S. § 12-602).

            The name change process through the court does not apply to persons requesting a change of name due to a recent marriage.  For this purpose, the Motor Vehicle Division and the Social Security Administration require a court document certifying the marriage, as opposed to a court document certifying the name change as in most other cases. 

            Statute identifies several categories of criminal offenses that involve false statements or misrepresentation of the person’s identity, including: 1) theft; 2) forgery and identity theft;        3) credit card fraud; 4) business or commercial fraud; 5) organized crime and fraud; and 6) perjury.  The penalty of each offense relates to the seriousness of the offense and/or the loss incurred by the victim.  Currently, statute does not require the court to inquire whether an applicant for a name change is or has been involved in a crime involving false statements or misrepresentation.

            There is no anticipated fiscal impact associated with this legislation.

Provisions

1. Requires a person who applies for a change of name to indicate under penalty of perjury:

a) if the person has been convicted of a felony.

b) if felony charges are pending for an offense involving false statements or misrepresentation.

c) if the person is requesting a change of name for the purpose of committing or furthering an offense involving false statements or misrepresentations.

d) the request is solely for the person’s best interest.

e) 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.

2. Requires the court to consider this information when rendering a judgment on a name change application.

3. Permits a victim or prosecutor to contest any legal name change at any time before the name change and up to one year after the formal name change.

4. Allows the court to set aside a name change or deny a person’s pending application, if the person is convicted for any offense involving false statements or misrepresentations.

5. Makes technical changes.

6. Becomes effective on the general effective date.

Amendments Adopted by Committee

· Clarifies that all persons may apply for a legal name change, regardless of whether the newly added criteria applies to the applicant, and that the judge will consider the criteria when considering the name change applicant.

Senate Action

JUD                 1/30/06     DPA     6-0-2

Prepared by Senate Research

February 1, 2006

JE/LB/jas