SB 1199 — criminal history investigation; name change

SB1199 - 531R - IS Ver       REFERENCESenate TITLE:Engrossed       State of Arizona Senate Fifty-third Legislature First Regular Session     SENATE BILL 1199       AN ACT   amending sections 12‑601 and 41‑1750, Arizona Revised Statutes;

criminal history investigation;

name change       State of Arizona Senate Fifty-third Legislature First Regular Session     SB 1199   Introduced by Senator Kavanagh     AN ACT   amending sections 12‑601 and 41‑1750, Arizona Revised Statutes;

C.  Before the court considers the application to change the person's name, the court shall require the applicant to furnish a full set of fingerprints to the court to enable a criminal history records check to be conducted.  The court shall submit the completed fingerprint card with the fee prescribed in section 41-1750 to the department of public safety.  The applicant shall bear the cost of obtaining the criminal history record information.  The cost may not exceed the actual cost of obtaining the applicant's criminal history record information.  The department of public safety shall conduct criminal history records checks pursuant to section 41-1750 and applicable federal law.  The department of public safety is authorized to submit fingerprint card information to the federal bureau of investigation for a national criminal history records check.  This subsection does not applyapply: to an application that is filed on behalf of a minor or if the name change is requested in a divorce proceeding.

1.  To an application that is filed on behalf of a minor.

2.  If the name change is requested in a divorce proceeding or a post-decree proceeding.

3.  If the name change is requested because the applicant is a victim of domestic violence.

2.  If felony charges are pending in any jurisdiction against the person or if charges are pending 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.  If the person is 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 chapter 38, article 3 or any other offense involving false statements.

E.  F.  On entering a conviction for a felony offense or an offense under title 13, chapter 18, 20, 21, 22, 23 or 27 or chapter 38, article 3 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.

F.  G.  OnG.  If requestthe ofsuperior acourt persondetermines whothat filesthe anperson applicationis forknowingly achanging change of name, the courtperson's mayname sealto thethat change of nameanother applicationindividual andfor judgment.  The information in the applicationpurpose andof judgmentcommitting shall not be disclosed and is not a public record.  A person who obtained a judgment on or afterfurthering January 1, 2009 may request that the courtcommission seal the application and judgment pursuant to this subsection.  For the purposes of thisany subsection,offense "person"under meanstitle a13, personchapter who18, is20, protected21, under22, an23 order of protection or injunction27 against harassment or achapter person38, whoarticle is3 theor victimany ofother an offense involving stalkingfalse asstatements, prescribedthe insuperior sectioncourt 13-2923may orenter an offenseorder committedsetting inaside anothera jurisdictionchange thatof ifname committedjudgment inor thisdeny state would be a violationpending orapplication. attempted violation of section 13‑2923.

F.  H.  On request of a person who files an application for a change of name, the court may seal the change of name application and judgment.  The information in the application and judgment shall not be disclosed and is not a public record.  A person who obtained a judgment on or after January 1, 2009 may request that the court seal the application and judgment pursuant to this subsection.  For the purposes of this subsection, "person" means a person who is protected under an order of protection or injunction against harassment or a person who is the victim of an offense involving stalking as prescribed in section 13-2923 or an offense committed in another jurisdiction that if committed in this state would be a violation or attempted violation of section 13‑2923.