BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 545|
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THIRD READING
Bill No: SB 545
Author: Anderson (R)
Amended: 1/22/14
Vote: 21
SENATE JUDICIARY COMMITTEE : 6-0, 1/14/14
AYES: Evans, Corbett, Jackson, Leno, Monning, Vidak
NO VOTE RECORDED: Anderson
SUBJECT : Name change: publication
SOURCE : Author
DIGEST : This bill waives newspaper publication requirements
for active members in the address confidentiality program when
the name he/she seeks to acquire is on file with the Secretary
of State.
ANALYSIS : Existing law:
1.Establishes the procedure for declaring a child free from
parental custody and control by terminating all parental
rights and responsibilities with regard to the child.
2.Provides that an order and judgment declaring a child free
from the custody and control of a parent or parents is
conclusive and binding upon the parent or parents and child,
and the court has no power to set aside, change, or modify
that order.
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3.Provides that all applications for change of names be filed in
the superior court and signed by the person whose name is to
be changed.
4.Provides that all applications for change of names for a
person under 18 years of age are signed by one or both of the
person's parents, or by any guardian of the person.
5.Provides that petitions to change the name of a person under
18 which are not signed by one or both parents, shall name, as
far as known to the person proposing the name change, the
parent(s) of the person and their place of residence.
6.Provides that when a petition for a name change is filed, the
court must direct all persons interested in the matter to
appear before the court at a time and place specified. The
order shall direct all persons interested in the matter to
make known any objection that they may have to the name change
in writing at least two days prior to the day the matter is to
be heard, and appear in court to show good cause for why the
petition for change of name should not be granted.
7.Provides that a copy of the order to show cause shall be
published in a newspaper of general circulation.
8.Establishes an address confidentiality (or Safe at Home)
program within the Office of the Secretary of State in order
to enable state and local agencies to both accept and respond
to requests for public records without disclosing the changed
name or address of a victim of domestic violence, sexual
assault, or stalking. Existing law permits any such adult
victim, or parent or guardian acting on behalf of a minor or
incapacitated person, to apply through a community-based
victims' assistance program to have an address designated by
the Secretary of State as his or her substitute mailing
address.
This bill waives newspaper publication requirements for active
members in the address confidentiality program when the name
he/she seeks to acquire is on file with the Secretary of State.
Background
Victims of domestic violence often must seek assistance and
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protection from their abuser. Under existing law, a victim may
notify law enforcement, petition the court for a restraining
order, or enroll in a program or shelter for victims of abuse.
Victims with children often file actions with the family or
dependency court in order to seek appropriate custody and
support orders. In many cases involving domestic violence a
court may grant full legal and physical custody of a child to
the victim parent. In certain cases, an abusive parent may have
his or her parental rights terminated entirely.
The Safe at Home program within the Office of the Secretary of
State allows victims of domestic violence, stalking, and sexual
assault to apply for a substitute address to be used in public
records in order to prevent their assailants from finding their
work or home address. The Secretary of State also acts as the
program participants' agent for service of process and forwards
mail received at the substitute address provided. Upon
successful application, a program participant is certified to
remain in the program for four years, as specified. For victims
who have not yet attained the age of majority, a parent or
guardian may apply to enroll the victim in the program.
Some victims of domestic violence also elect to file for a
confidential name change with the state. Many victims feel that
a confidential name change will offer further protection from an
abuser, but such name changes are accompanied by complications
of their own. The Secretary of State warns that "because the
confidential name change is used to establish a new identity, a
person's ability to receive credit; purchase, rent or inherit
property; obtain a passport; start a business; or apply for
school programs or grants may be delayed. Participants are
advised to seek the assistance of an attorney, legal advisor or
to consult with their local Legal Aid Foundation prior to
initiating the process to find out how their lives may be
affected." (California Secretary of State, Courts
[accessed January 8,
2014].) A parent petitioning for a name change for a minor
child is required to notify the child's other parent of the name
change, unless the other parent's rights have been terminated by
the court.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
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SUPPORT : (Verified 1/22/14)
Crime Victims United
Executive Committee of the Family Law Section of the State Bar
Los Angeles County District Attorney's Office
Women Give San Diego
AL:nl 1/22/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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