A3983

An Act concerning an action for change of name, amending N.J.S.2A:52-1 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] the person 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. 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, Criminal Justice Information Services, and the State Bureau of Identification in the Division of State Police.

c. 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 such check shall be forwarded to the court.

d. 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.

e. The applicant shall be responsible for the cost of the background check required by this section.

3. (New section) a. An applicant whose criminal history record background check reveals a conviction for any of the following crimes or offenses shall not be authorized to assume another name pursuant to N.J.S.2A:52-1 unless the request for the name change is made for religious reasons:

(1) a violent crime is a crime enumerated in subsection d. of section 2 of P.L.1997, c.117 (C.2C:43-7.2); or

(2) any offense involving domestic violence as defined in subsection a. of section 3 of P.L.1991, c.261 (C.2C:25-19).

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 or any offense involving domestic violence as those terms are defined in subsection a. 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.

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

STATEMENT

This bill requires persons who request a name change to undergo a criminal background check. The bill also prohibits applicants who have been convicted of violent crimes or domestic violence crimes from changing their names.

Under the bill, when a person applies to the Superior Court for the authority to assume another name, the court is to request the State Police to conduct a criminal history record background check of the applicant. The State Police is to conduct the background check 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. The bill prohibits a background check from being performed without the applicant's consent. Applicants would be required to assume the cost of the check.

The bill also prohibits the court from authorizing an applicant who has been convicted of a violent crime or a domestic violence offense to assume another name, unless the applicant establishes that the request is for religious reasons. Violent crimes under the bill include but not limited to: murder; manslaughter; vehicular homicide; aggravated assault; disarming a law enforcement officer; kidnapping; sexual assault; robbery; carjacking; aggravated arson; burglary; extortion; terrorism; first degree racketeering; and firearms trafficking. Domestic violence offenses include homicide; assault; terroristic threats; kidnapping; criminal restraint; false imprisonment; sexual assault; criminal sexual contact; lewdness; criminal mischief; burglary; criminal trespass; harassment; stalking; criminal coercion; robbery; contempt of a domestic violence order that constitutes a crime or disorderly persons offense; any other crime involving risk of death or serious bodily injury to a person protected under the "Prevention of Domestic Violence Act of 1991”; and cyber-harassment.

The bill also requires the court to notify the victim, or a member of the victim's immediate family, when an applicant who has been convicted of a violent crime or domestic violence offense requests a name change.