SF 3419

Introduction - 94th Legislature (2025 - 2026)

Posted on 04/25/2025 09:44 a.m.

A bill for an act
relating to public safety; providing that a risk level III predatory offender name
change is public information; amending Minnesota Statutes 2024, sections 259.11;
259.13, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 259.11, is amended to read:

259.11 ORDER; FILING COPIES.

(a) Upon meeting the requirements of section 259.10, the court shall grant the application
unless: (1) it finds that there is an intent to defraud or mislead; (2) section 259.13 prohibits
granting the name change; or (3) in the case of the change of a minor child's name, the court
finds that such name change is not in the best interests of the child. The court shall set forth
in the order the name and age of the applicant's spouse and each child of the applicant, if
any, and shall state a description of the lands, if any, in which the applicant and the spouse
and children, if any, claim to have an interest. The court administrator shall file such order,
and record the same in the judgment book. If lands be described therein, a certified copy of
the order shall be filed for record, by the applicant, with the county recorder of each county
wherein any of the same are situated. Before doing so the court administrator shall present
the same to the county auditor who shall enter the change of name in the auditor's official
records and note upon the instrument, over an official signature, the words "change of name
recorded." Any such order shall not be filed, nor any certified copy thereof be issued, until
the applicant shall have paid to the county recorder and court administrator the fee required
by law. No application shall be denied on the basis of the marital status of the applicant.

(b) When a person applies for a name change, the court shall determine whether the
person has a criminal history in this or any other state. new text begin The court must conduct a search of
state records by submitting a set of fingerprints and the appropriate fee for the Bureau of
Criminal Apprehension to directly conduct the background check by retrieving criminal
history data, as defined in section 13.87. new text end The court may conduct a search of national records
through the Federal Bureau of Investigation by submitting a set of fingerprints and the
appropriate fee to the Bureau of Criminal Apprehension. If it is determined that the person
has a criminal history in this or any other state, the court shall, within ten days after the
name change application is granted, report the name change to the Bureau of Criminal
Apprehension. The person whose name is changed shall also report the change to the Bureau
of Criminal Apprehension within ten days. The court granting the name change application
must explain this reporting duty in its order. Any person required to report the person's
name change to the Bureau of Criminal Apprehension who fails to report the name change
as required under this paragraph is guilty of a gross misdemeanor.

(c) new text begin Except for a predatory offender assigned to risk level III under section 244.052, the
provisions of new text end paragraph (b) deleted text begin does deleted text end new text begin do new text end not apply to:

(1) a request for a name change as part of an application for a marriage license under
section 517.08;

(2) a request for a name change in conjunction with a marriage dissolution under section
518.27; or

(3) a request for a name change filed under section 259.14.

new text begin (d) Notwithstanding any law to the contrary and in addition to the reporting requirements
in paragraph (b), the court granting a name change to an individual required to register as
a risk level III predatory offender under section 243.166, must report the name change to
the Department of Corrections, the state patrol, and the law enforcement agency having
primary jurisdiction over the location where the offender resides for disclosure to the public
as provided in section 244.052. This notice must include, at a minimum, the offender's name
prior to change, new name, social security number, date of birth, and last known address.
new text end

Sec. 2.

Minnesota Statutes 2024, section 259.13, is amended by adding a subdivision to
read:

new text begin Subd. 3a. new text end

new text begin Predatory offender risk level III. new text end

new text begin A name change must not be granted to a
person if the name change would have the effect of relieving the person of the duty to register
as a convicted risk level III predatory offender under section 243.166.
new text end