HOUSE BILL No. 1161
DIGEST OF INTRODUCED BILL
Synopsis: Name changes by felons. Requires a person convicted of
certain felonies who desires a name change to file a petition for a
change of name. Requires the petitioner to appear at a hearing in the
circuit court in the county in which the petitioner resides. Requires the
court to hold a hearing on the petition at which the petitioner is present.
Requires the petitioner to give notice to the sheriff, prosecuting
attorney, and Indiana central repository for criminal history information
at least 30 days before the hearing.
Effective: July 1, 2001.
January 9, 2001, read first time and referred to Committee on Courts and Criminal Code.
First Regular Session 112th General Assembly (2001)
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HOUSE BILL No. 1161
A BILL FOR AN ACT to amend the Indiana Code concerning civil
law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 5-2-12-8.6; (01)IN1161.1.1. -->
, AS AMENDED BY P.L.1-1999,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 8.6. (a) Except as provided in subsection (b), an
offender who is required to register under this chapter may not petition
for a change of name under
(b) If an offender who is required to register under this chapter
changes the offender's name under
due to marriage,
the offender must notify the criminal justice institute not more than
thirty (30) days after the name change.
SOURCE: IC 34-28-2-1.7; (01)IN1161.1.2. -->
IS ADDED TO THE INDIANA CODE
AS A NEW
SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2001]: Sec. 1.7. (a) A person who seeks a name change under this
chapter must file a petition in the circuit court in the county where
the person resides if the person has a felony conviction for one (1)
of the following:
(1) Operating a vehicle while intoxicated (IC 9-30-5), if the
person who committed the offense has accumulated at least
two (2) prior unrelated convictions under
(2) Murder (IC 35-42-1-1).
(3) Voluntary manslaughter (IC 35-42-1-3).
(4) Battery (IC 35-42-2-1).
(5) Aggravated battery (IC 35-42-2-1.5).
(6) Kidnapping (IC 35-42-3-2).
(7) Confinement (IC 35-42-3-3) as a Class B felony or Class C
(8) Robbery (IC 35-42-5-1).
(9) Carjacking (IC 35-42-5-2).
(10) Arson (IC 35-43-1-1).
(11) Burglary (IC 35-43-2-1) as a Class A felony or Class B
(12) Dealing in cocaine or a narcotic drug (IC 35-48-4-1) as a
Class A felony.
(13) Dealing in a schedule I, II, or III controlled substance
(IC 35-38-4-2) if the amount of controlled substance involved
has an aggregate weight of at least three (3) grams.
(b) A person who seeks a name change due to marriage must file
a petition in the circuit court in the county where the person
resides if the person has a conviction for one (1) of the following:
(1) Any offense listed in subsection (a).
(2) Any offense listed in
(c) The court shall hold a hearing where the petitioner is
present. In determining whether to grant a petition, the court shall
consider the following:
(1)Whether the petitioner has been convicted of any crime.
(2) Whether the petitioner has been adjudicated a delinquent
under IC 31-37.
(3) Whether there are any pending criminal matters involving
(4) The length and character of the petitioner's residence in
(5) The character, reputation, and habits of the petitioner.
(6) Any other factors the court considers relevant.
SOURCE: IC 34-28-2-3; (01)IN1161.1.3. -->
, AS AMENDED BY P.L.1-1999,
SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 3. (a) Upon filing a petition for a name change,
the applicant shall give notice of the petition as follows:
(1) By three (3) weekly publications in a newspaper of general
circulation published in the county in which the petition is filed
(2) If no newspaper is published in the county in which the
petition is filed, the applicant shall give notice in a newspaper
published nearest to that county in an adjoining county.
(3) The last weekly publication shall be published not less than
thirty (30) days before the day the petition will be heard as
indicated in the notice.
(b) In the case of a petition described in section 2(b) of this chapter,
the petitioner must publish the first notice of the petition not more than
seven (7) days after the date the petition is filed.
(c) In the case of a petition described in section 2(b) of this chapter,
the notice required by this section must include the following:
(1) The name of the petitioner.
(2) The name of the minor child whose name is to be changed.
(3) The new name desired.
(4) The name of the court in which the action is pending.
(5) The date on which the petition was filed.
(6) A statement that any person has the right to appear at the
hearing and to file objections.
(d) Except as provided in section 1.5 of this chapter, in the case of
a person who has had a felony conviction within ten (10) years before
filing a petition for a change of name or a person who files a petition
under section 1.7 of this chapter,
at least thirty (30) days before the
hearing the petitioner must give notice of the filing of the petition to:
(1) the sheriff of the county in which the petitioner resides;
(2) the prosecuting attorney of the county in which the petitioner
(3) the Indiana central repository for criminal history information.
(e) The notice given to the Indiana central repository for criminal
history information under subsection (d) must include the petitioner's
full current name, requested name change, date of birth, address,
physical description, and a full set of classifiable fingerprints.
(f) The Indiana central repository for criminal history information
shall forward a copy of any criminal records of the petitioner to the
court for the court's information.
(g) A copy of the court decree granting or denying such a petition
shall be sent to the Indiana state police.
(h) A person who violates subsection (d) commits a Class A