COMMITTEE SUBSTITUTE

FOR

H. B. 2353

(By Delegates

Hunt, Seacrist, Amores, Farris,
Greear, Trump and Tillis)


(Originating in the House Committee on the Judiciary)

[February 28, 1996]


A BILL to amend article five, chapter forty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section seven, relating to prohibiting certain felons from changing their name.

Be it enacted by the Legislature of West Virginia:
That article five, chapter forty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section seven, to read as follows:
ARTICLE 5. CHANGE OF NAME.
§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, 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, or convicted of any violation of the provisions of article eight-b, chapter sixty-one of this code, to apply for or receive a change of name for a period of:
(1) ten years after the person is discharged from imprisonment or is discharged from parole, whichever occurs later, if imprisonment as the result of the conviction is imposed; or
(2) ten years after the person is discharged from confinement in jail, probation or an alternative sentence where imprisonment as the result of the conviction is not imposed.
(b) Not withstanding the provisions of section six of this article to the contrary, a person who violates the provisions of this section is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than fifty dollars nor more than five hundred dollars, or confined in jail not more than one year, or both fined and confined.