HOUSE BILL No. 5044 October 26, 1999, Introduced by Reps. Geiger, Martinez, Bovin, Pappageorge, Birkholz, Allen and Kuipers and referred to the Committee on Family and Civil Law. A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending section 1 of chapter XI (MCL 711.1), as amended by 1996 PA 495, and by adding section 3 to chapter XI. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 CHAPTER XI 2 Sec. 1. (1) The family division of the circuit court, or3until January 1, 1998, the probate court,for a county may enter 4 an order to change the name ofa personAN INDIVIDUAL who has 5 been a resident of the county for not less than 1 year and who in 6 accordance with subsection (2) petitions in writing to the court 7 for that purpose showing a sufficient reason for the proposed 8 change and that the change is not sought withanyA fraudulent 9 intent. If thepersonINDIVIDUAL who petitions for a name 10 change has a criminal record, thepersonINDIVIDUAL is presumed 03166'99 GWH 2 1 to be seeking a name change with a fraudulent intent. The burden 2 of proof is on a petitioner who has a criminal record to rebut 3 the presumption. The court shall set a time and place for hear- 4 ing and, EXCEPT AS PROVIDED IN SECTION 3 OF THIS CHAPTER, order 5 publication as provided by supreme court rule. 6 (2)A personAN INDIVIDUAL who is 22 years of age or older 7 and who petitions to have his or her name changed shall have 2 8 complete sets of his or her fingerprints taken at a local police 9 agency. The fingerprints, along with a copy of the petition and 10 the required processing fees, shall be forwarded to the depart- 11 ment of state police. The department of state police shall com- 12 pare those fingerprints with its records and shall forward a com- 13 plete set of fingerprints to the federal bureau of investigation 14 for a comparison with the records available to that agency. The 15 department of state police shall report to the court in which the 16 petition is filed the information contained in the department's 17 records with respect to any pending charges against the peti- 18 tioner oranyA record of conviction of the petitioner and 19 shall report to the court similar information obtained from the 20 federal bureau of investigation. If there are no pending charges 21against the petitioner or anyOR record of conviction against 22 the petitioner, the department of state police shall destroy its 23 copy of the petitioner's fingerprints. The court shall not act 24 upon the petition for a name change until the department of state 25 police reports the information required by this subsection to the 26 court. 03166'99 3 1 (3) If the court enters an order to change the name ofa2personAN INDIVIDUAL who has a criminal record, the court shall 3 forward the order to the central records division of the Michigan 4 state police and to 1 or more of the following: 5 (a) The department of corrections if thepersonINDIVIDUAL 6 named in the order is in prison or on parole or has been impris- 7 oned or released from parole in the immediately preceding 2 8 years. 9 (b) The sheriff of the county in which theperson10 INDIVIDUAL named in the order was last convicted if theperson11 INDIVIDUAL was incarcerated in a county jail or released from a 12 county jail within the immediately preceding 2 years. 13 (c) The court that has jurisdiction over theperson14 INDIVIDUAL named in the order if thepersonINDIVIDUAL named in 15 the order is under the jurisdiction of the family division of the 16 circuit court, or until January 1, 1998, the probate court,or 17 has been discharged from the jurisdiction of that court within 18 the immediately preceding 2 years. 19 (4) The court may permita personAN INDIVIDUAL having the 20 same name, or a similar name to that which the petitioner pro- 21 poses to assume, to intervene in the proceeding for the purpose 22 of showing fraudulent intent. 23 (5) Except as provided in subsection (7), if the petitioner 24 is a minor, the petition shall be signed by the mother and father 25 jointly; by the surviving parent if 1 is deceased; if both par- 26 ents are deceased, by the guardian of the minor; or by 1 of the 27 minor's parents if there is only 1 legal parent available to give 03166'99 4 1 consent. If either parent has been declared mentally 2 incompetent, the petition may be signed by the guardian for that 3 parent. The written consent to the change of name of a minor 14 4 years of age or older, signed by the minor in the presence of the 5 court, shall be filed with the court beforeanyAN order chang- 6 ing the name of the minor is entered. If the court considers the 7 child to be of sufficient age to express a preference, the court 8 shall consult a minor under 14 years of age as to a change in his 9 or her name, and the court shall consider the minor's wishes. 10 (6) If the petitioner is married, the court, in its order 11 changing the name of the petitioner, may include the name of the 12 spouse, if the spouse consents, and may include the names of 13 minor children of the petitioner of whom the petitioner has legal 14 custody. The written consent to the change of name of a child 14 15 years of age or older, signed by the child in the presence of the 16 court, shall be filed with the court before the court includes 17 that child in its order. Except as provided in subsection (7), 18 the name of a minor under 14 years of age may not be changed 19 unless he or she is the natural or adopted child of the peti- 20 tioner and unless consent is obtained from the mother and father 21 jointly, from the surviving parent if 1 is deceased, or from 1 of 22 the minor's parents if there is only 1 legal parent available to 23 give consent. If the court considers the child to be of suffi- 24 cient age to express a preference, the court shall consult a 25 minor under 14 years of age as to a change in his or her name, 26 and the court shall consider the minor's wishes. 03166'99 5 1 (7) The name of a minor may be changed pursuant to 2 subsection (5) or (6) with the consent or signature of the 3 custodial parent upon notice to the noncustodial parentpursuant4toAS PROVIDED IN supreme court rule and after a hearing in 5 either of the following circumstances: 6 (a) If both of the following occur: 7 (i) The other parent, having the ability to support or 8 assist in supporting the child, has failed or neglected to pro- 9 vide regular and substantial support for the child or, if a sup- 10 port order has been entered, has failed to substantially comply 11 with the order,for 2 years or more before the filing of the 12 petition. 13 (ii) The other parent, having the ability to visit, contact, 14 or communicate with the child, has regularly and substantially 15 failed or neglected to do so for 2 years or more before the 16 filing of the petition. 17 (b) The other parent has been convicted of a violation of 18 section 136b, 520b, 520c, 520d, 520e, or 520g of the Michigan 19 penal code,Act No. 328 of the Public Acts of 1931, being sec-20tions 750.136b, 750.520b to 750.520e, and 750.520g of the21Michigan Compiled Laws1931 PA 328, MCL 750.136B, 750.520B TO 22 750.520E, AND 750.520G, and the child or a sibling of the child 23 is a victim of the crime. 24 (8) A false statement that is intentionally included within 25 a petition for a name change constitutes perjury under section 26 422 of the Michigan penal code,Act No. 328 of the Public Acts03166'99 6 1of 1931, being section 750.422 of the Michigan Compiled Laws2 1931 PA 328, MCL 750.422. 3 SEC. 3. (1) IN A PROCEEDING UNDER SECTION 1 OF THIS CHAP- 4 TER, THE COURT MAY ORDER FOR GOOD CAUSE THAT NO PUBLICATION OF 5 THE PROCEEDING TAKE PLACE AND THAT THE RECORD OF THE PROCEEDING 6 BE CONFIDENTIAL. GOOD CAUSE UNDER THIS SECTION INCLUDES, BUT IS 7 NOT LIMITED TO, A SHOWING THAT PUBLICATION OR AVAILABILITY OF A 8 RECORD OF THE PROCEEDING COULD PLACE THE PETITIONER OR ANOTHER 9 INDIVIDUAL IN PHYSICAL DANGER SUCH AS PROOF THAT THE PETITIONER 10 HAS BEEN THE VICTIM OF STALKING. 11 (2) A PERSON WHO KNOWS OR SHOULD HAVE KNOWN THAT THE RECORD 12 OF A PROCEEDING UNDER THIS CHAPTER IS CONFIDENTIAL AND WHO 13 DIVULGES, USES, OR PUBLISHES INFORMATION CONCERNING THE PROCEED- 14 ING IS GUILTY OF A MISDEMEANOR. THIS SUBSECTION DOES NOT APPLY 15 TO THE PETITIONER IN THE PROCEEDING OR DISCLOSURE UNDER A COURT 16 ORDER. 17 (3) A CONFIDENTIAL RECORD CREATED UNDER THIS SECTION IS 18 EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, 1976 19 PA 442, MCL 15.231 TO 15.246. 20 (4) AS USED IN THIS SECTION, "STALKING" MEANS THAT TERM AS 21 DEFINED IN SECTIONS 411H AND 411I OF THE MICHIGAN PENAL CODE, 22 1931 PA 328, MCL 750.411H AND 750.411I, BUT SHALL NOT BE CON- 23 STRUED TO REQUIRE AN ARREST OR PROSECUTION UNDER EITHER OF THOSE 24 SECTIONS. 03166'99 Final page. GWH