ASSEMBLY, No. 2376
STATE OF NEW JERSEY
217th LEGISLATURE
INTRODUCED FEBRUARY 4, 2016
Sponsored by:
Assemblyman JOHN F. MCKEON
District 27 (Essex and Morris)
Assemblyman BENJIE E. WIMBERLY
District 35 (Bergen and Passaic)
Co-Sponsored by:
Assemblyman Coughlin
SYNOPSIS
Establishes criminal background check requirement for name change and prohibits name change in certain circumstances.
CURRENT VERSION OF TEXT
As reported by the Assembly Judiciary Committee on February 8, 2016, with amendments.
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 by1:
(1)1 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 1[. c. If ] ;
(2) the results of a criminal history record background check of the applicant performed by the Division of State Police in the Department of Law and Public Safety within 30 days prior to the filing of the complaint for a change of name. Each applicant shall have submitted to the Division of State Police the applicant's name, address, fingerprints and written consent for a criminal history record background check to be performed;
(3) the results of a judgment search initiated by the applicant and the applicant’s sworn affidavit stating that there are no pending lawsuits, judgments, or bankruptcy proceedings against him; and
(4) if1 the criminal history record background check 1[performed pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill)]1 indicates that 1the person has been convicted of a crime or that1 criminal charges are pending, the 1[court shall require the]1 applicant [shall] 1[to] shall1 serve a copy of the complaint and affidavit upon any State or county prosecuting authority responsible for the prosecution of any 1[pending]1 charges 1and provide the court with proof of service upon the prosecuting authority1.
1[d.] c. The applicant shall be responsible for the cost of
the background check required by this section, except that no fee shall
be charged to 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 b. of N.J.S.2A:52-2.
d.1 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)
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.]1
12. N.J.S.2A:52-2 is amended to read as follows:
2A:52-2. a. Such person, from and after the day specified therefor in the judgment in the action, shall be known by the name which, by the judgment, he is authorized to assume, and by no other. The judgment for change of name shall include the applicant's social security number and date of birth.
[The] If the person has been convicted of a crime or if there are criminal charges pending against him, the clerk of the court shall forward a copy of the judgment to the State Bureau of Identification in the Division of State Police [if the person has been convicted of a crime or if there are criminal charges pending against him] and the prosecuting authority.
b. If the criminal history record background check conducted pursuant to N.J.S.2A:52-1 indicated that the applicant was convicted of a violent crime, as defined in this section, the prosecuting authority shall notify the victim, or an immediate family member of the victim, of the judgment for change of name. 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.1
(cf: P.L.1993, c.228, s.2)
3. (New section) 1[a. No] The court shall not grant authority for a change of name to an1 applicant whose criminal history record background check reveals a conviction for a violent crime, as defined in subsection c. of this section, 1[shall be authorized to assume another name pursuant to N.J.S.2A:52-1 et seq.]1 unless the request for the name change is made for religious reasons 1or reasons of gender identity1.
1[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.]1
4. This act shall take effect on the first day of the fourth month next following the date of enactment.