Michigan House Bill HB5300

Michigan 2023-2024 Regular Session

• Introduced: 11/3/23
• Refer: 11/3/23
• Report Pass: 2/14/24
• Engrossed: 12/13/24
• Refer: 12/18/24
• Report Pass: 12/20/24
• Enrolled: 12/23/24

Caption

Probate: other; name change proceedings; modify. Amends secs. 1 & 3, ch. XI of 1939 PA 288 (MCL 711.1 & 711.3).

Impact

Should it pass, HB5300 would modify the requirements for name changes, allowing courts to enter orders without necessarily holding a hearing, thus speeding up the process. It emphasizes the need for confidentiality in cases where revealing the individual’s previous name could pose a risk to their safety, particularly for victims of domestic violence, human trafficking, or stalking. This act would ensure that sensitive cases are managed discreetly while also maintaining the integrity of the judicial system.

Summary

House Bill 5300 is an act to amend various provisions relating to name change proceedings within the family division of the circuit court in Michigan. The bill proposes significant modifications to the existing statute that govern the process of changing an individual’s name, particularly focusing on improving accessibility and confidentiality for individuals, especially those with a criminal record or those seeking to affirm their gender identity. The proposed changes aim to ensure that the court process is streamlined and respectful of sensitive circumstances faced by petitioners.

Sentiment

The sentiment around HB5300 appears to be largely supportive, particularly among groups advocating for victims of domestic violence and those supporting transgender rights. By allowing name changes to occur without undue public exposure, the bill is viewed as a progressive step towards protecting vulnerable individuals. However, there are concerns from some sectors regarding the potential for identity fraud, where the lack of stringent publication requirements could be exploited.

Contention

One notable point of contention is the balancing act between protecting individual privacy and preventing fraudulent activities. Critics argue that the new regulations may inadvertently enable individuals with criminal backgrounds to change their identities without adequate scrutiny. Proponents counter that this concern does not warrant compromising the safety and dignity of individuals who seek to change their names for legitimate reasons. The bill proposes a presumption of 'good cause' for confidentiality in certain situations, which, while protective, may also lead to debates on the definitions of safety and privacy in these proceedings.