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.