ENROLLED

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 51

(Senators Kessler and Hunter, original sponsors)

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[Originating in the Committee on the Judiciary;

reported January 26, 2006.]

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AN ACT to amend and reenact §48-25-101 of the Code of West Virginia, 1931, as amended, relating to refining procedures for name change; permitting persons to file for a name change who were born in, married in and previously were residents in the county for at least fifteen years where the petition is brought; setting forth requirements for the verified petition; and providing that a second notice and publication are not required in the event of a rescheduled hearing.

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 or ward, may apply therefor 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;
(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 said 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; and
(8) The petitioner is not a convicted felon in any jurisdiction.
(b) Notwithstanding the provisions of subsection (a) of this section, a nonresident of the county may apply for a change of name if the person 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.
(c) Previous to the filing of 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.