BILL NUMBER: SB 545 AMENDED
BILL TEXT
AMENDED IN SENATE JANUARY 22, 2014
AMENDED IN SENATE JANUARY 6, 2014
AMENDED IN SENATE APRIL 1, 2013
INTRODUCED BY Senator Anderson
FEBRUARY 22, 2013
An act to amend Section 1277 of the Code of Civil Procedure,
relating to civil procedure.
LEGISLATIVE COUNSEL'S DIGEST
SB 545, as amended, Anderson. Name change: minors.
(1) Existing law establishes the procedure for a person to change
his or her name. When a proceeding for a change of name is commenced
by the filing of a petition, existing law requires the court to issue
an order reciting the filing of the petition, the name of the person
by whom it is filed, and the name proposed, except as specified. In
the case of a petition filed by a parent for the name change of a
person under 18 years of age, existing law requires a minor's
nonconsenting parent to be served with notice of the time and place
of the hearing, as specified.
This bill would authorize a court to waive the requirements for
publication and notice to a nonconsenting parent if necessary to
protect the best interests of the minor upon a showing by the
petitioner that the minor and petitioner are participants in a
specified address confidentiality program, that the petitioner has
sole custody of the minor, as specified, that the child is protected
by an order pursuant to the Domestic Violence Prevention Act that
prevents the nonpetitioning parent from having contact with the minor
for at least 5 years, and that the nonpetitioning parent is not
subject to an order to pay child support for the minor.
(2) Existing
Existing law provides that if a petition for a change
of name alleges a specified reason or circumstance and the petitioner
is a participant in a specified address confidentiality program, the
action for a change of name is exempt from the publication
requirement.
This bill would provide that in order for the action for a change
of name to be exempt from the publication requirement, the petitioner
would also be required to establish that the name he or she is
seeking to acquire is on file with the Secretary of State.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1277 of the Code of Civil Procedure, as added
by Section 2 of Chapter 651 of the Statutes of 2013, is amended to
read:
1277. (a) (1) If a proceeding for a change of name is commenced
by the filing of a petition, except as provided in subdivisions (b),
(c), and (e), the court shall thereupon make an order reciting the
filing of the petition, the name of the person by whom it is filed,
and the name proposed. The order shall direct all persons interested
in the matter to appear before the court at a time and place
specified, which shall be not less than 6 weeks nor more than 12
weeks from the time of making the order, unless the court orders a
different time, to show cause why the application for change of name
should not be granted. The order shall direct all persons interested
in the matter to make known any objection that they may have to the
granting of the petition for change of name by filing a written
objection, which includes the reasons for the objection, with the
court at least two court days before the matter is scheduled to be
heard and by appearing in court at the hearing to show cause why the
petition for change of name should not be granted. The order shall
state that, if no written objection is timely filed, the court may
grant the petition without a hearing. If the petition seeks to
conform the petitioner's name to his or her gender identity and no
objection is timely filed, the court shall grant the petition without
a hearing.
(2) A copy of the order to show cause shall be published pursuant
to Section 6064 of the Government Code in a newspaper of general
circulation to be designated in the order published in the county. If
no newspaper of general circulation is published in the county, a
copy of the order to show cause shall be posted by the clerk of the
court in three of the most public places in the county in which the
court is located, for a like period. Proof shall be made to the
satisfaction of the court of this publication or posting, at the time
of the hearing of the application.
(3) Four weekly publications shall be sufficient publication of
the order to show cause. If the order is published in a daily
newspaper, publication once a week for four successive weeks shall be
sufficient.
(4) If a petition has been filed for a minor by a parent and the
other parent, if living, does not join in consenting thereto, the
petitioner shall cause, not less than 30 days prior to the hearing,
to be served notice of the time and place of the hearing or a copy of
the order to show cause on the other parent pursuant to Section
413.10, 414.10, 415.10, or 415.40. If notice of the hearing cannot
reasonably be accomplished pursuant to Section 415.10 or 415.40, the
court may order that notice be given in a manner that the court
determines is reasonably calculated to give actual notice to the
nonconsenting parent. In that case, if the court determines that
notice by publication is reasonably calculated to give actual notice
to the nonconsenting parent, the court may determine that publication
of the order to show cause pursuant to this subdivision is
sufficient notice to the nonconsenting parent. A court may
waive the requirements of this paragraph for publication and notice
if necessary to protect the best interests of the minor upon a
showing by the petitioner of all of the following:
(A) The minor and the petitioner are participants in the address
confidentiality program created pursuant to Chapter 3.1 (commencing
with Section 6205) of Division 7 of Title 1 of the Government Code.
(B) A court has issued a final order awarding the petitioner sole
legal and physical custody of the minor and the custodial parent has
terminated the parental rights of the non-custodial parent.
(C) The minor is protected by an order issued after a hearing
pursuant to the Domestic Violence Prevention Act of Division 10
(commencing with Section 6200) of the Family Code that prevents the
nonpetitioning parent, for a period of at least five years, from
having any contact with the minor.
(D) The nonpetitioning parent is not subject to an order to pay
child support for the minor whose name is proposed to be changed.
(5) If the petition for a change of name is sought in order to
conform the petitioner's name to his or her gender identity, the
action for a change of name is exempt from the requirement for
publication of the order to show cause under this subdivision.
(b) (1) If the petition for a change of name alleges a reason or
circumstance described in paragraph (2), and the petitioner has
established that he or she is an active participant in the address
confidentiality program created pursuant to Chapter 3.1 (commencing
with Section 6205) of Division 7 of Title 1 of the Government Code,
and that the name he or she is seeking to acquire is on file with the
Secretary of State, the action for a change of name is exempt from
the requirement for publication of the order to show cause under
subdivision (a), and the petition and the order of the court shall,
in lieu of reciting the proposed name, indicate that the proposed
name is confidential and is on file with the Secretary of State
pursuant to the provisions of the address confidentiality program.
(2) The procedure described in paragraph (1) applies to petitions
alleging any of the following reasons or circumstances:
(A) To avoid domestic violence, as defined in Section 6211 of the
Family Code.
(B) To avoid stalking, as defined in Section 646.9 of the Penal
Code.
(C) The petitioner is, or is filing on behalf of, a victim of
sexual assault, as defined in Section 1036.2 of the Evidence Code.
(3) For any petition under this subdivision, the current legal
name of the petitioner shall be kept confidential by the court and
shall not be published or posted in the court's calendars, indexes,
or register of actions, as required by Article 7 (commencing with
Section 69840) of Chapter 5 of Title 8 of the Government Code, or by
any means or in any public forum, including a hardcopy or an
electronic copy, or any other type of public media or display.
(4) Notwithstanding paragraph (3), the court may, at the request
of the petitioner, issue an order reciting the name of the petitioner
at the time of the filing of the petition and the new legal name of
the petitioner as a result of the court's granting of the petition.
(5) A petitioner may request that the court file the petition and
any other papers associated with the proceeding under seal. The court
may consider the request at the same time as the petition for name
change, and may grant the request in any case in which the court
finds that all of the following factors apply:
(A) There exists an overriding interest that overcomes the right
of public access to the record.
(B) The overriding interest supports sealing the record.
(C) A substantial probability exists that the overriding interest
will be prejudiced if the record is not sealed.
(D) The proposed order to seal the records is narrowly tailored.
(E) No less restrictive means exist to achieve the overriding
interest.
(c) A proceeding for a change of name for a witness participating
in the state Witness Protection Program established by Title 7.5
(commencing with Section 14020) of Part 4 of the Penal Code who has
been approved for the change of name by the program is exempt from
the requirement for publication of the order to show cause under
subdivision (a).
(d) If an application for change of name is brought as part of an
action under the Uniform Parentage Act (Part 3 (commencing with
Section 7600) of Division 12 of the Family Code), whether as part of
a petition or cross-complaint or as a separate order to show cause in
a pending action thereunder, service of the application shall be
made upon all other parties to the action in a like manner as
prescribed for the service of a summons, as set forth in Article 3
(commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2.
Upon the setting of a hearing on the issue, notice of the hearing
shall be given to all parties in the action in a like manner and
within the time limits prescribed generally for the type of hearing
(whether trial or order to show cause) at which the issue of the
change of name is to be decided.
(e) If a guardian files a petition to change the name of his or
her minor ward pursuant to Section 1276:
(1) The guardian shall provide notice of the hearing to any living
parent of the minor by personal service at least 30 days prior to
the hearing.
(2) If either or both parents are deceased or cannot be located,
the guardian shall cause, not less than 30 days prior to the hearing,
to be served a notice of the time and place of the hearing or a copy
of the order to show cause on the child's grandparents, if living,
pursuant to Section 413.10, 414.10, 415.10, or 415.40.
(f) This section shall become operative on July 1, 2014.