| 1 | 1 | | 25 LC 48 1538 |
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| 2 | 2 | | House Bill 681 |
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| 3 | 3 | | By: Representatives Clark of the 108 |
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| 4 | 4 | | th |
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| 5 | 5 | | , Cannon of the 58 |
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| 6 | 6 | | th |
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| 7 | 7 | | , Drenner of the 85 |
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| 8 | 8 | | th |
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| 9 | 9 | | , and Barnes |
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| 10 | 10 | | of the 86 |
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| 11 | 11 | | th |
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| 12 | 12 | | |
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| 13 | 13 | | A BILL TO BE ENTITLED |
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| 14 | 14 | | AN ACT |
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| 15 | 15 | | To amend Chapter 12 of Title 19 of the Official Code of Georgia Annotated, relating to name |
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| 16 | 16 | | 1 |
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| 17 | 17 | | changes, so as to provide for the sealing of name change petitions upon request; to provide2 |
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| 18 | 18 | | for related matters; to repeal conflicting laws; and for other purposes.3 |
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| 19 | 19 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:4 |
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| 20 | 20 | | SECTION 1.5 |
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| 21 | 21 | | Chapter 12 of Title 19 of the Official Code of Georgia Annotated, relating to name changes,6 |
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| 22 | 22 | | is amended by revising subsections (a) and (c) of Code Section 19-12-1, relating to petition7 |
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| 23 | 23 | | for name change, request by victim of family violence or human trafficking, notice of filing,8 |
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| 24 | 24 | | and consent of minor's parents or guardian, as follows:9 |
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| 25 | 25 | | "(a) As used in this Code section, the term:10 |
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| 26 | 26 | | (1) 'Abandoned' shall have the same meaning as set forth in Code Section 15-11-2.11 |
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| 27 | 27 | | (2) 'Child' means an unemancipated individual who is under 18 years of age.12 |
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| 28 | 28 | | (3) 'Family violence' shall have the same meaning as set forth in Code Section 19-13-1. |
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| 29 | 29 | | 13 |
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| 30 | 30 | | (4) 'Human trafficking' means an offense provided for under Code Section 16-5-46."14 |
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| 31 | 31 | | H. B. 681 |
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| 32 | 32 | | - 1 - 25 LC 48 1538 |
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| 33 | 33 | | "(c)(1) When a name change is requested by a petitioner who alleges to be a victim of15 |
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| 34 | 34 | | family violence or human trafficking, such petitioner may petition the court to file his or16 |
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| 35 | 35 | | her petition to change his or her name under seal.17 |
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| 36 | 36 | | (2) If the court determines that the petitioner is a victim of family violence or human18 |
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| 37 | 37 | | trafficking authorizes that such petition be kept under seal, the court may issue an order19 |
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| 38 | 38 | | waiving the requirements of publication as set forth in subsection (d) of this Code section. 20 |
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| 39 | 39 | | If the court determines that such filing shall be allowed to proceed under seal and21 |
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| 40 | 40 | | otherwise waives the other requirements of this Code section, it may hear and determine22 |
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| 41 | 41 | | all of the matters raised in such petition and render a final judgment thereon.23 |
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| 42 | 42 | | (3) After issuing an order under paragraph (2) of this subsection, the court may later24 |
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| 43 | 43 | | unseal a petition for name change or order the petitioner to file a redacted version of such25 |
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| 44 | 44 | | petition for the public record.26 |
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| 45 | 45 | | (4) If the court determines that the petitioner is not a victim of family violence or human27 |
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| 46 | 46 | | trafficking, the The underlying petition for name change shall not be heard until this Code28 |
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| 47 | 47 | | section has been complied with in full.29 |
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| 48 | 48 | | (5) The court shall retain all filings made under seal as part of the record."30 |
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| 49 | 49 | | SECTION 2.31 |
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| 50 | 50 | | All laws and parts of laws in conflict with this Act are repealed.32 |
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| 51 | 51 | | H. B. 681 |
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| 52 | 52 | | - 2 - |
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