HB 1003-FN - AS INTRODUCED

 

 

2024 SESSION

24-2002

09/10

 

HOUSE BILL 1003-FN

 

AN ACT relative to name changes for inmates, parolees, and convicted violent felons.

 

SPONSORS: Rep. Kuttab, Rock. 17; Rep. Cushman, Hills. 28; Rep. Janvrin, Rock. 40; Rep. B. Boyd, Hills. 12; Rep. Ball, Rock. 25; Rep. D. Mannion, Rock. 25; Rep. Love, Rock. 13; Rep. Colcombe, Hills. 30; Rep. Mazur, Hills. 44; Rep. Phillips, Rock. 7; Sen. Ricciardi, Dist 9; Sen. Birdsell, Dist 19; Sen. Carson, Dist 14

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill increases the individuals who are subject to notice requirements and a showing of a compelling reason before he or she will be permitted to change his or her name to include those convicted of certain violent felonies.  This bill also requires that notice be provided to the initial prosecuting jurisdiction of both the petition and the probate court's order.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-2002

09/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Four

 

AN ACT relative to name changes for inmates, parolees, and convicted violent felons.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Probate Court; Change of Name.  Amend RSA 547:3-i, II to read as follows:

II. Before the probate court may grant a change of name for a person who is incarcerated, or on probation or parole, or for a person who is required, pursuant to RSA 651-B, to register as a sexual offender or an offender against children and who is no longer subject to supervision by the department of corrections, or for a person convicted of a violent felony or a crime against a child, the petitioner shall make a compelling showing that a name change is necessary. For a person who is incarcerated, or on probation or parole, the petitioner shall serve a copy of the petition, pursuant to RSA 547:29, on the department of corrections and to the initial prosecuting jurisdiction. For a person who is required to register as a sexual offender or an offender against children and who is no longer subject to supervision by the department of corrections, the petitioner shall serve a copy of the petition, pursuant to RSA 547:29, on the department of safety and to the initial prosecuting jurisdiction.  For a person who was convicted of a violent felony or a crime against a child including:  capital murder pursuant to RSA 630:1, first degree murder pursuant to RSA 630:1-a, second degree murder pursuant to RSA 630:1-b, first degree assault pursuant to RSA 631:1, second degree assault pursuant to RSA 631:2, aggravated felonious sexual assault pursuant to RSA 632-A:2, felonious sexual assault pursuant to RSA 632-A:3, kidnapping pursuant to RSA 633:1, or trafficking in persons pursuant to RSA 633:7, the petitioner shall serve a copy of the petition, pursuant to RSA 547:29, on the initial prosecuting jurisdiction. Upon ruling on the petition, the probate court shall issue a copy of its order to the department of corrections or, if the petitioner is no longer subject to the supervision of the department of corrections, to the department of safety and to the initial prosecuting jurisdiction.

2  Effective Date.  This act shall take effect 60 days after its passage.

 

LBA

24-2002

10/5/23

 

HB 1003-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to name changes for inmates, parolees, and convicted violent felons.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

Estimated State Impact - Increase / (Decrease)

 

FY 2024

FY 2025

FY 2026

FY 2027

Revenue

$0

$0

$0

$0

Revenue Fund(s)

None

 

Expenditures

$0

Indeterminable

Indeterminable

Indeterminable

Funding Source(s)

General Fund

 

Appropriations

$0

$0

$0

$0

Funding Source(s)

None

 

Does this bill provide sufficient funding to cover estimated expenditures? [X] No

Does this bill authorize new positions to implement this bill? [X] No

 

METHODOLOGY:

This bill increases the individuals who are subject to notice requirements and a showing of a compelling reason before he or she will be permitted to change his or her name to include those convicted of certain violent felonies.  This bill also requires that notice be provided to the initial prosecuting jurisdiction of both the petition and the probate court's order.

 

The Judicial Branch states it is not possible to estimate how this change in law would affect the number of filings and time spent in aggregate on name changes for inmates, parolees, and convicted violent felons.

 

AGENCIES CONTACTED:

Judicial Branch