HF 2448

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to corrections; providing notice to certain 
  1.3             victims and criminal justice system officials of an 
  1.4             inmate's request for a name change; prohibiting inmate 
  1.5             name changes that have the purpose or effect of 
  1.6             harassing another; amending Minnesota Statutes 1998, 
  1.7             sections 259.11; and 259.12. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1998, section 259.11, is 
  1.10  amended to read: 
  1.11     259.11 [ORDER; FILING COPIES.] 
  1.12     (a) Upon meeting the requirements of section 259.10, the 
  1.13  court shall grant the application unless it finds:  (1) that 
  1.14  there is an intent to defraud or mislead; (2) that there is an 
  1.15  intent to harass another individual or that the name change will 
  1.16  have the effect of harassing another individual; or (3) that, in 
  1.17  the case of the change of a minor child's name, the court finds 
  1.18  that such name change is not in the best interests of the 
  1.19  child.  The court shall set forth in the order the name and age 
  1.20  of the applicant's spouse and each child of the applicant, if 
  1.21  any, and shall state a description of the lands, if any, in 
  1.22  which the applicant and the spouse and children, if any, claim 
  1.23  to have an interest.  The court administrator shall file such 
  1.24  order, and record the same in the judgment book.  If lands be 
  1.25  described therein, a certified copy of the order shall be filed 
  1.26  for record, by the applicant, with the county recorder of each 
  2.1   county wherein any of the same are situated.  Before doing so 
  2.2   the court administrator shall present the same to the county 
  2.3   auditor who shall enter the change of name in the auditor's 
  2.4   official records and note upon the instrument, over an official 
  2.5   signature, the words "change of name recorded."  Any such order 
  2.6   shall not be filed, nor any certified copy thereof be issued, 
  2.7   until the applicant shall have paid to the county recorder and 
  2.8   court administrator the fee required by law.  No application 
  2.9   shall be denied on the basis of the marital status of the 
  2.10  applicant. 
  2.11     (b) When a person applies for a name change, the court 
  2.12  shall determine whether the person has been convicted of a 
  2.13  felony in this or any other state.  If so, the court shall, 
  2.14  within ten days after the name change application is granted, 
  2.15  report the name change to the bureau of criminal apprehension.  
  2.16  The person whose name is changed shall also report the change to 
  2.17  the bureau of criminal apprehension within ten days.  The court 
  2.18  granting the name change application must explain this reporting 
  2.19  duty in its order.  Any person required to report the person's 
  2.20  name change to the bureau of criminal apprehension who fails to 
  2.21  report the name change as required under this paragraph is 
  2.22  guilty of a gross misdemeanor. 
  2.23     Sec. 2.  Minnesota Statutes 1998, section 259.12, is 
  2.24  amended to read: 
  2.25     259.12 [CORRECTIONAL INMATES; NAME CHANGES; LIMITED.] 
  2.26     (a) When an inmate of a correctional facility, as defined 
  2.27  in section 241.021, subdivision 1, clause (5), applies for a 
  2.28  name change, the court shall determine whether the inmate is 
  2.29  incarcerated for having committed a crime against the person.  
  2.30  If so, the court shall make reasonable efforts to notify the 
  2.31  following of the proposed name change application and proposed 
  2.32  new name:  the victim, the prosecutor who prosecuted the case, 
  2.33  and the law enforcement agency that investigated the case.  
  2.34  Before acting on the application, the court shall give the 
  2.35  victim, the prosecutor, and the law enforcement agency an 
  2.36  opportunity to comment, in writing, on whether any of them 
  3.1   believes the name change is prompted by the inmate's intent to 
  3.2   harass another or will have the effect of harassing another. 
  3.3      (b) During an inmate's confinement in a correctional 
  3.4   facility, as defined in section 241.021, subdivision 1, clause 
  3.5   (5), an inmate may request a name change under section 259.10 
  3.6   only once and may proceed in forma pauperis only when the 
  3.7   failure to allow the name change would infringe on a 
  3.8   constitutional right of an inmate.  
  3.9      (c) As used in this section, "harass" has the meaning given 
  3.10  in section 609.749, subdivision 1.