| 1 | 1 | | By: Whitmire, et al. S.B. No. 581 |
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| 2 | 2 | | (Alvarado) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the requirements for a change of name for a person with |
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| 8 | 8 | | a final felony conviction or a person required to register as a sex |
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| 9 | 9 | | offender. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 45.103, Family Code, is amended by |
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| 12 | 12 | | amending Subsections (b) and (c) and adding Subsection (d) to read |
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| 13 | 13 | | as follows: |
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| 14 | 14 | | (b) A court may order a change of name under this subchapter |
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| 15 | 15 | | for a person with a final felony conviction if: |
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| 16 | 16 | | (1)[,] in addition to the requirements of Subsection |
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| 17 | 17 | | (a), the person has: |
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| 18 | 18 | | (A) [(1)] received a certificate of discharge by |
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| 19 | 19 | | the Texas Department of Criminal Justice or completed a period of |
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| 20 | 20 | | community supervision or juvenile probation ordered by a court and |
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| 21 | 21 | | not less than two years have passed from the date of the receipt of |
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| 22 | 22 | | discharge or completion of community supervision or juvenile |
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| 23 | 23 | | probation; or |
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| 24 | 24 | | (B) [(2)] been pardoned; or |
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| 25 | 25 | | (2) the person is requesting to change the person's |
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| 26 | 26 | | name to the primary name used in the person's criminal history |
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| 27 | 27 | | record information. |
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| 28 | 28 | | (c) A court may order a change of name under this subchapter |
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| 29 | 29 | | for a person subject to the registration requirements of Chapter |
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| 30 | 30 | | 62, Code of Criminal Procedure, if the person: |
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| 31 | 31 | | (1) meets[, in addition to] the requirements of |
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| 32 | 32 | | Subsection (a) or is requesting to change the person's name to the |
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| 33 | 33 | | primary name used in the person's criminal history record |
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| 34 | 34 | | information; and |
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| 35 | 35 | | (2)[, the person] provides the court with proof that the |
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| 36 | 36 | | person has notified the appropriate local law enforcement authority |
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| 37 | 37 | | of the proposed name change. |
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| 38 | 38 | | (d) In this section: |
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| 39 | 39 | | (1) "Criminal history record information" has the |
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| 40 | 40 | | meaning assigned by Section 411.082, Government Code. |
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| 41 | 41 | | (2) "Local [subsection, "local] law enforcement |
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| 42 | 42 | | authority" has the meaning assigned by Article 62.001, Code of |
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| 43 | 43 | | Criminal Procedure. |
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| 44 | 44 | | SECTION 2. Section 45.103, Family Code, as amended by this |
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| 45 | 45 | | Act, applies only to a petition for a change of name that is filed on |
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| 46 | 46 | | or after the effective date of this Act. A petition filed before |
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| 47 | 47 | | the effective date of this Act is governed by the law in effect on |
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| 48 | 48 | | the date the petition was filed, and the former law is continued in |
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| 49 | 49 | | effect for that purpose. |
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| 50 | 50 | | SECTION 3. This Act takes effect September 1, 2017. |
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