BILL NUMBER: SB 1477 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 18, 2012
INTRODUCED BY Senator Anderson
FEBRUARY 24, 2012
An act to amend Section 6206.5 of the Government Code,
Sections 1276 and 1277 of the Code of Civil
Procedure, relating to confidential records.
LEGISLATIVE COUNSEL'S DIGEST
SB 1477, as amended, Anderson. Confidential records:
domestic violence victims. name changes.
Existing law establishes the procedure for a person to change his
or her name. In the case of a petition for the name change of a
person under 18 years of age, existing law requires the petition to
include the name and address of the minor's parent or parents, as
specified, and requires a minor's nonconsenting parent to be served
with notice of the time and place of the hearing. 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. Existing law also authorizes an
address confidentiality program for victims of domestic violence,
sexual assault, or stalking for the purposes of enabling state and
local agencies to respond to requests for public records without
disclosing a program participant's residence address contained in any
public record and otherwise providing for confidentiality of
identity for that person, subject to specified conditions. 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 the address confidentiality program, the action for a change of
name is exempt from the publication requirement.
This bill would, in the case of a petition for the name change of
a minor signed by the minor's custodial parent, provide that the name
and address of the minor's noncustodial parent need not be included
in the petition if the petition alleges that the minor's noncustodial
parent poses a sufficient threat, as defined, to the minor or to the
custodial parent and the court determines that there is clear and
convincing evidence of the threat. The bill would also exempt the
petition from the publication and service requirements described
above if the petitioner is a participant in the address
confidentiality program.
Existing law authorizes victims of domestic violence or stalking
and reproductive health care providers, employees, and volunteers, as
defined, to complete an application to be approved by the Secretary
of State for the purposes of enabling state and local agencies to
respond to requests for public records without disclosing a program
participant's residence address contained in any public record.
Existing law specifies reasons for which the Secretary of State is
authorized or required to cancel a program participant's
certification, including the participant changing his or her name
without notifying the Secretary of State or using false information
on the application. Existing law prohibits the Secretary of State
from making a program participant's address publicly available,
except in specified circumstances, including when the participant's
program certification has been canceled.
This bill would make technical, nonsubstantive changes to these
provisions.
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 1276 of the Code of
Civil Procedure is amended to read:
1276. (a) All applications for change of names shall be made to
the superior court of the county where the person whose name is
proposed to be changed resides, except as specified in subdivision
(e), either (1) by petition signed by the person or, if the person is
under 18 years of age, either by one of the person's parents, or by
any guardian of the person, or if both parents are dead and there is
no guardian of the person, then by some near relative or friend of
the person or (2) as provided in Section 7638 of the Family Code.
The petition or pleading shall specify the place of birth and
residence of the person, his or her present name, the name proposed,
and the reason for the change of name.
(b) In a proceeding for a change of name commenced by the filing
of a petition, if the person whose name is to be changed is under 18
years of age, the petition shall, if neither parent of the person has
signed the petition, name, as far as known to the person proposing
the name change, the parents of the person and their place of
residence, if living, or if neither parent is living, near relatives
of the person, and their place of residence.
(c) In a proceeding for a change of name commenced by the filing
of a petition, if the person whose name is proposed to be changed is
under 18 years of age and the petition is signed by only one parent,
the petition shall specify the address, if known, of the other parent
if living. If the petition is signed by a guardian, the petition
shall specify the name and address, if known, of the parent or
parents, if living, or the grandparents, if the addresses of both
parents are unknown or if both parents are deceased, of the person
whose name is proposed to be changed.
(d) In a proceeding for a change of name commenced by the filing
of a petition, if the person whose name is proposed to be changed is
12 years of age or older, has been relinquished to an adoption agency
by his or her parent or parents, and has not been legally adopted,
the petition shall be signed by the person and the adoption agency to
which the person was relinquished. The near relatives of the person
and their place of residence shall not be included in the petition
unless they are known to the person whose name is proposed to be
changed.
(e) All petitions for the change of the name of a minor submitted
by a guardian appointed by the juvenile court or the probate court
shall be made in the appointing court.
(f) If the petition is signed by a guardian, the petition shall
specify relevant information regarding the guardianship, the
likelihood that the child will remain under the guardian's care until
the child reaches the age of majority, and information suggesting
that the child will not likely be returned to the custody of his or
her parents.
(g) (1) In a proceeding for a change of the name of a person under
18 years of age commenced by the filing of a petition signed by the
minor's custodial parent, if the minor's custodial parent alleges
that the minor's noncustodial parent poses a sufficient threat to the
minor or custodial parent, the requirements of subdivision (c) shall
not apply if the court determines that there is clear and convincing
evidence of the threat.
(2) For purposes of this subdivision, "sufficient threat"
includes, but is not limited to, a threat of domestic violence,
kidnapping, abduction, or homicide against the minor or custodial
parent.
SEC. 2. Section 1277 of the Code of
Civil Procedure is amended to read:
1277. (a) 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 six 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.
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.
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.
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.
(b) (1) If the petition for a change of name alleges a reason or
circumstance described in paragraph (2), and the petitioner is a
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, 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 will be 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.
(D) The petitioner alleges a sufficient threat to a child or
custodial parent, as described by subdivision (g) of Section 1276,
and the court determines that there is clear and convincing evidence
of the threat.
(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) (A) 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:
(i) There exists an overriding interest that overcomes the right
of public access to the record.
(ii) The overriding interest supports sealing the record.
(iii) A substantial probability exists that the overriding
interest will be prejudiced if the record is not sealed.
(iv) The proposed order to seal the records is narrowly tailored.
(v) No less restrictive means exist to achieve the overriding
interest.
(B) On or before January 1, 2010, the Judicial Council shall
develop rules of court and forms consistent with the requirements of
this paragraph.
(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 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 is 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.
SECTION 1. Section 6206.5 of the Government
Code is amended to read:
6206.5. (a) The Secretary of State may cancel a program
participant's certification if there is a change in the residential
address from the one listed on the application, unless the program
participant provides the Secretary of State with at least seven days'
prior notice of the change of address.
(b) The Secretary of State may cancel a program participant's
certification if the program participant changes his or her name from
the one listed in the application and fails to notify the Secretary
of State of the name change within seven days of the change.
(c) The Secretary of State may cancel a program participant's
certification if mail forwarded by the secretary to the program
participant's address is returned as nondeliverable.
(d) The Secretary of State shall cancel the certification of a
program participant who applies using false information.
(e) Except as provided in subdivision (f) of Section 6206.7 or
subdivision (c) of Section 6208, records or documents pertaining to a
program participant shall be held confidential for a period of three
years after termination of certification.
(f) All records or documents pertaining to a program participant
shall be retained for a period of three years after termination of
certification and then destroyed, except for change of name records,
which shall be retained permanently.