A2376

An Act concerning name changes and criminal background checks, and amending and supplementing Title 2A of the New Jersey Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. N.J.S.2A:52-1 is amended to read as follows:

2A:52-1. a. Any person may institute an action in Superior Court, for authority to assume another name.

b. The complaint for a change of name shall be accompanied by a sworn affidavit stating the applicant's name, date of birth, and social security number [, whether or not the applicant has ever been convicted of a crime, and whether any criminal charges are pending against him and, if such convictions or pending charges exist, shall provide such details in connection therewith sufficient to readily identify the matter referred to]. The sworn affidavit shall also recite that the action for a change of name is not being instituted for purposes of avoiding or obstructing criminal prosecution or for avoiding creditors or perpetrating a criminal or civil fraud.

c. If the criminal history record background check performed pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) indicates that criminal charges are pending, the court shall require the applicant [shall] to serve a copy of the complaint and affidavit upon any State or county prosecuting authority responsible for the prosecution of any pending charges.

d. A person commits a crime of the fourth degree if he knowingly gives or causes to be given false information under this section.

(cf: P.L.1993, c.228, s.1)

2. (New section) a. Upon receipt of a complaint for a change of name, the court shall request the Division of State Police in the Department of Law and Public Safety to conduct a criminal history record background check of the applicant.

b. Upon the court's request for a criminal history record background check of the applicant, the State Police shall examine its own files and arrange for a similar examination of federal criminal records. The information obtained as a result of any check shall be forwarded to the court.

c. The criminal history record background check shall be performed only upon certification by the court that the applicant has consented in writing to the check. The consent shall be in a manner and form prescribed by the court and shall include, but not be limited to, the signature, name, address and fingerprints of the applicant.

d. The applicant shall be responsible for the cost of the background check required by this section, except that no fee shall be charged to a qualified applicant. For purposes of this section, “qualified applicant” means an applicant who has instituted an action to assume another name due to the applicant’s status as the victim of a violent crime, as defined in subsection c. of section 3 of P.L c. (C. ) (pending before the Legislature as this bill).

e. For the purposes of this section, "criminal history record background check" means a determination of whether an applicant has a criminal record by cross-referencing the applicant's name and fingerprints with those on file with the Federal Bureau of Investigation, Identification Division and the State Bureau of Identification in the Division of State Police.

3. (New section) a. No applicant whose criminal history record background check reveals a conviction for a violent crime, as defined in subsection c. of this section, shall be authorized to assume another name pursuant to N.J.S.2A:52-1 et seq. unless the request for the name change is made for religious reasons.

b. If the criminal history record background check required pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) indicates that the applicant has been convicted of a violent crime, as defined in subsection c. of this section, the court shall notify the victim, or an immediate family member of the victim of the applicant's request for a name change.

c. For the purposes of this section, "violent crime" means any crime in which the actor causes death, causes serious bodily injury as defined in subsection b. of N.J.S.2C:11-1, or uses or threatens the immediate use of a deadly weapon, as defined in subsection c. of N.J.S.2C:11-1; and any aggravated sexual assault or sexual assault, as defined in N.J.S.2C:14-2, in which the actor uses, or threatens the immediate use of, physical force.

4. This act shall take effect on the first day of the fourth month next following the date of enactment.

STATEMENT

This bill requires a person applying for a legal name change to undergo a criminal history record background check and prevents anyone convicted of a violent crime from assuming a new name.

Under the bill, upon application to the court for the authority to assume another name, an applicant is required to submit to a criminal history record background check. The bill specifies that applicants are responsible for the cost of the check, but provides an exception for any applicant who has instituted an action to assume another name due to the applicant’s status as the victim of a violent crime.

A "violent crime" is defined as any crime in which the actor causes death or serious bodily injury or uses or threatens the immediate use of a deadly weapon. The term also includes aggravated sexual assault or sexual assault in which the actor uses or threatens to use physical force.

The bill also would prohibit the court from authorizing an applicant who has been convicted of a violent crime to assume another name, unless the applicant establishes that the request is for religious reasons. The bill further requires that when an applicant who has been convicted of violent crime makes application for a name change the court is to notify the victim or the victim's immediate family of the application.