Senate Bill No. 361
(By Senators Tucker and Plymale)
[Introduced January 20, 2012; referred to the Committee on the Judiciary.]
A BILL to amend and reenact §48-25-101 of the Code of West Virginia, 1931, as amended, relating to the name change publication requirement.
Be it enacted by the Legislature of West Virginia:
That §48-25-101 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 25. CHANGE OF NAME
§48-25-101. Petition to circuit court or family court for change of name; contents thereof; notice of application.
(a) Any person desiring a change of his or her own name, or that of his or her child, may apply to the circuit court or family court of the county in which he or she resides by a verified petition setting forth and affirming the following:
(1) That he or she has been a bona fide resident of the county for at least one year prior to the filing of the petition or that he or she is a nonresident of the county who was born in the county, was married in the county and was previously a resident of the county for a period of at least fifteen years;
(2) The cause for which the change of name is sought;
(3) The new name desired;
(4) The name change is not for purposes of avoiding debt or creditors;
(5) The petitioner seeking the name change is not a registered sex offender pursuant to any state or federal law;
(6) The name change sought is not for purposes of avoiding any state or federal law regarding identity;
(7) The name change sought is not for any improper or illegal purpose;
(8) The petitioner is not a convicted felon in any jurisdiction; and
(9) The name change sought is not for any purpose of evading detection, identification or arrest by any local, state or federal law-enforcement agency.
(b) Prior to After filing the petition, the person shall cause a notice of the time and place that the application will be made to be published as a Class I legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code. The publication area for the publication is the county: Provided, That the publication shall contain a provision that the hearing may be rescheduled without further notice or publication.
NOTE: The purpose of this bill is to clarify that applicants are not required to have published their intention for name change until after they file their petition with the circuit court or family court, and it is assigned a judge and hearing date.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.