ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2353
(By Delegates
Hunt, Seacrist, Amores, Farris,
Greear, Trump and Tillis
)
[Passed March 7, 1996; in effect ninety days from passage.]
AN ACT to amend and reenact section three, article five, chapter
forty-eight of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; and to further amend said
article by adding thereto a new section, designated section
seven, all relating to prohibiting courts from ordering a
name change for certain felons; prohibiting certain felons
from applying for a name change; and providing for penalties
including fines or incarceration for violations of the
provision.
Be it enacted by the Legislature of West Virginia:
That section three, article five, chapter forty-eight of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; that said article be further
amended by adding thereto a new section, designated section
seven, all to read as follows:
ARTICLE 5. CHANGE OF NAME.
§48-5-3. When court may order change of name.
Upon the filing of such petition, and upon proof of the
publication of such notice and of the matters set forth in the petition, and being satisfied that no injury will be done to any
person by reason of such change, that reasonable and proper cause
exists for changing the name of petitioner, and that such change
is not desired because of any fraudulent or evil intent on the
part of the petitioner, the court or judge thereof in vacation
may order a change of name as applied for except as provided by
the provisions of this section. The court may not grant any
change of name for any person convicted of any felony during the
time that the person is incarcerated. The court may not grant
any change of name for any person required to register with the
state police pursuant to the provisions of article eight-f,
chapter sixty-one of this code during the period that such person
is required to register. The court may not grant a change of
name for persons convicted of first degree murder in violation of
section one, article two, chapter sixty-one of this code for a
period of ten years after the person is discharged from
imprisonment or is discharged from parole, whichever occurs
later. The court may not grant a change of name of any person
convicted of violating any provision of section fourteen-a,
article two, chapter sixty-one of this code for a period of ten
years after the person is discharged from imprisonment or is
discharged from parole, whichever occurs later.
§48-5-7. Unlawful change of name by certain felons.
(a) It is unlawful for any person convicted of first degree
murder in violation of section one, article two, chapter sixty-
one of this code, and for any person convicted of violating any
provision of section fourteen-a, article two, chapter sixty-one of this code, for which a sentence of life imprisonment is
imposed, to apply for a change of name for a period of ten years
after the person is discharged from imprisonment or is discharged
from parole, whichever occurs later.
(b) It is unlawful for any person required to register with
the state police pursuant to the provisions of article eight-f,
chapter sixty-one of this code to apply for a change of name
during the period that the person is required to register.
(c) It is unlawful for any person convicted of a felony to
apply for a change of name during the period that such person is
incarcerated.
(d) A person who violates the provisions of subsections (a),
(b) or (c) of this section is guilty of a misdemeanor and, upon
conviction thereof, shall be fined not less than two hundred
fifty dollars nor more than ten thousand dollars or imprisoned in
the county or regional jail for not more than one year, or both
fined and incarcerated.