Existing law establishes the procedure for a person to change his or her name. When a proceeding for a change of name is commenced by the filing of a petition, existing law requires the court to issue an order reciting the filing of the petition, the name of the person by whom it is filed, and the name proposed. Existing law provides that if a petition for a change of name establishes that the petitioner is an active participant in an address confidentiality program, as specified, and the petition alleges the reason for the change of name is to avoid domestic violence, stalking, or sexual assault, the action for a change of name is exempt from this publication requirement.

This bill would add avoiding human trafficking as a reason to exempt an action for a change of name from the publication requirement. The bill would prohibit a court from charging a minor a court fee for a proceeding for a change of name if the action is exempt from the publication requirement. The bill would name this prohibition Sydneys Law.

Existing law establishes the procedure for a person to change his or her name. When a proceeding for a change of name is commenced by the filing of a petition, existing law requires the court to issue an order reciting the filing of the petition, the name of the person by whom it is filed, and the name proposed. Existing law provides that if a petition for a change of name establishes that the petitioner is an active participant in an address confidentiality program, as specified, and the petition alleges the reason for the change of name is to avoid domestic violence, stalking, or sexual assault, the action for a change of name is exempt from this publication requirement.

This bill would add avoiding human trafficking as a reason to exempt an action for a change of name from the publication requirement. The bill would prohibit a court from charging a minor a court fee for a proceeding for a change of name if the action is exempt from the publication requirement. The bill would name this prohibition Sydneys Law.

Existing law establishes the procedure for a person to change his or her name. When a proceeding for a change of name is commenced by the filing of a petition, existing law requires the court to issue an order reciting the filing of the petition, the name of the person by whom it is filed, and the name proposed. Existing law provides that if a petition for a change of name alleges a specified reason or circumstance and the petitioner establishes that the petitioner is an active participant in an address confidentiality program, as specified, and the petition alleges the reason for the change of name is to avoid domestic violence, stalking, or sexual assault, the action for a change of name is exempt from this publication requirement.

This bill would exempt from court fees proceedings for name changes filed on behalf of minors who meet the requirements for the exemption from publication described above. add avoiding human trafficking as a reason to exempt an action for a change of name from the publication requirement. The bill would prohibit a court from charging a minor a court fee for a proceeding for a change of name if the action is exempt from the publication requirement. The bill would name this exemption prohibition Sydneys Law.

Existing law establishes the procedure for a person to change his or her name. When a proceeding for a change of name is commenced by the filing of a petition, existing law requires the court to issue an order reciting the filing of the petition, the name of the person by whom it is filed, and the name proposed. Existing law provides that if a petition for a change of name alleges a specified reason or circumstance and the petitioner is an active participant in an address confidentiality program, as specified, the action for a change of name is exempt from this publication requirement.

This bill would exempt from court fees proceedings for name changes filed on behalf of minors who meet the requirements for the exemption from publication described above. The bill would name this exemption Sydneys Law.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2201

Author:(Mayes)

As Amended Ver:June 4, 2018

Majority vote

Original Committee Reference: JUD.

SUMMARY: Exempts certain petitioners, filing on behalf of minors, from paying court fees related to proceedings for a decree of a change of name. Specifically, this bill:

1. Provides that no fee shall be charged to the petitioner in a proceeding for a decree of a change of name, if the action is filed on behalf of a minor, and the minor meets the requirements to be exempted from the publication of a name change as provided in Code of Civil Procedure Section (CCP) 1277(b). Those requirements include:
   1. The action is filed on behalf of a person who is seeking to avoid domestic violence or stalking, or is a victim of sexual assault;
   2. The action is filed on behalf of a person who is participating in the Safe at Home Program, administered by the Secretary of States; and
   3. The action is filed on behalf of a person who has filed their new name with the Secretary of State.
2. Names the above exemption "Sydney's Law."

The Senate amendments:

1. Provide victims of human trafficking, to the extent not already protected by existing law, the ability to seek a name change that is exempt from the publication requirement.
2. Ensure that minors who are victims of human trafficking, or petitioners seeking a decree of name change on their behalf, do not have to pay the fees associated with a decree for a change of name.

EXISTING LAW:

1. Provides that a petition for the decree for a change of name is exempt from the requirement for publication of the order to show cause, and that the order of the court will indicate that the proposed name is confidential and on file with the Secretary of State if the petitioner is all of the following:
   1. A participant in the address confidentiality program (known as the Safe at Home Program);
   2. Meets one of the specific circumstances or reasons provided by 2); and
   3. The name the petitioner is seeking to acquire is on file with the Secretary of State. (CCP 1277(b).)
2. Provides that a petition for a decree of a change of name is eligible to be exempt from the requirement for publication of the order to show cause if any of the following is met:
   1. The petitioner seeks to avoid domestic violence. (CCP 1277(b)(1).);
   2. The petitioner seeks to avoid stalking. (Id., (b)(2).)
   3. Petitioner is a victim of sexual assault. (Id., (b)(3).)
3. Provides that the initial uniform fee for filing the first paper in a civil action or proceeding in the Superior Court is $355. (Government Code Section (GOV) 70611.)
4. Provides that a supplemental fee of $40 shall be collected for filing any first paper subject to the uniform fee that is set at $355. (GOV 70602.6.)
5. Commencing on July 1, 2018, imposes an additional fee of $40 for filing a paper requiring a hearing on a petition for a decree of change of name or gender. (GOV 70617.)
6. Provides a procedure for the victim of domestic violence, sexual assault, stalking, or human trafficking, or a person that is a member of the victim's household, to petition for a confidential mailing address. (GOV 6206(a).)
7. Defines "domestic violence" as abuse perpetrated against a spouse or former spouse, a cohabitant or former cohabitant, a person involved in a dating or engagement relationship, a child, a co-parent, or another other person related by consanguinity or affinity within the second degree. (Family Code Section 6211.)
8. Defines "stalking" as willfully, maliciously, and repeatedly following or willfully and maliciously harassing another person and making a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family. (Penal Code Section 646.9.)
9. Defines "sexual assault" as rape, unlawful sexual intercourse, rape in concert with force and violence, rape of a spouse, sodomy, bigamy, incest, other crimes against nature, oral copulation, sexual penetration, annoying or molesting a minor, and any attempt to commit the listed acts. (Evidence Code Section 1036.2.)

FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.

COMMENTS: This bill seeks to exempt from court fees a petitioner seeking to receive a decree of a change of name on behalf of a minor who was the victim of domestic violence, stalking, human trafficking, or sexual assault.

In 1998, seeking to protect the victims of domestic violence, the Legislature enacted SB 489 (Alpert, et al.), Chapter 1005, Statutes of 1998, creating the Safe at Home Program. The Safe at Home Program provides victims with the ability to obtain a confidential mailing address in order to shield their location from abusers. As a part of the program, the Secretary of State forwards first class and any governmental mail, as well as packages or large envelopes, including legal documents or bank checks, to program participants. Since its inception in 1998, the Safe at Home Program has been expanded to include victims of stalking, sexual assault, and human trafficking, in addition to those who can join the program due to the sensitivity of their employment.

The common law has long recognized a person's right to change one's name. (In re Ross (1937) 8 Cal.2d 608, 609.) The statutory procedures outlined by the Code of Civil Procedure simply provide the formal legal framework necessary for government certification of the name change that is required to obtain identifying official documents such as a California's driver's license, a U.S. passport, or Social Security records. Under the traditional statutory framework, a person seeking a name change files a petition with the court, the court then issues an order to show cause, thereby providing other parties with notice about the opportunity to object to the name change petition at a scheduled hearing. In many cases, the order to show cause must be published in a newspaper of general circulation. If there are no objections filed with the court, the court may grant the name change petition without a hearing. The court fees for all aspects of a petition for a decree of a change of name are $435, including the initial filing fee, supplemental fee, and fee for the hearing on the petition.

Recognizing that victims of domestic violence require extra protections when seeking name changes, in 2000, the Assembly Judiciary Committee sponsored AB 1669 (Committee on Judiciary), Chapter 688, to exempt from the publication requirement of the name change procedures for victims participating in the Safe at Home Program. As eligibility for the Safe at Home Program was expanded, eligibility for the publication exemption was also expanded to include victims of stalking and sexual assault in 2006 by SB 1743 (Bowen), Chapter 689, Statutes of 2006.

When a petition for a decree of change of name is filed on behalf of a minor who is otherwise exempt from the publication requirements of a petition for a change of name, this bill would exempt the petitioner from needing to pay the $435 of court fees associated with the name change process. To qualify for the fee exemption, the minor would have to be seeking to avoid domestic abuse, stalking, human trafficking, or be the victim of sexual abuse. Additionally, the minor must be a participant in the Safe at Home Program and file their new name with the Secretary of State prior to seeking the name change in court.

According to the Secretary of State's 2017 Annual Legislative Report on the Safe at Home program, 37 % of the program participants are minors, and as of January 1, 2018, 97 persons have registered confidential name changes under the program, representing less than five percent of the total number of active enrollees in the program. It is unclear to what extent the comparatively low enrollment numbers for the confidential change of name registry is related to the cost of seeking a name change, however, if all 97 persons currently enrolled in the registry were to have qualified for the fee waiver proposed by this bill the total loss of court fee revenue would have totaled $42,195. Compared to other court fee waivers and exemptions, the amount of potential revenue lost if this bill is enacted is minor. In light of the prior experiences that would make a person eligible for the fee exemption posed by this bill, this fee exemption is a reasonable measure to aid these victims in recovery and regaining a sense of security.

Analysis Prepared by: Nicholas Liedtke / JUD. / (916) 319-2334 FN: 0003688

 THIRD READING  

Bill No: AB 2201

Author:

:

Vote:

SENATE JUDICIARY COMMITTEE: 7-0, 6/12/18

AYES: Jackson, Moorlach, Anderson, Hertzberg, Monning, Stern, Wieckowski

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 68-0, 4/12/18 (Consent) - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill creates a fee waiver for petitions for change of name filed on behalf of certain minors who are at risk of stalking or domestic violence, or who have been victims of sexual assault or human trafficking.

ANALYSIS:

Existing law:

1. Provides that a petition for the decree for a change of name is exempt from the requirement for publication of the order to show cause, and that the order of the court will indicate that the proposed name is confidential and on file with the Secretary of State if the petitioner is all of the following:
   1. A participant in the address confidentiality program (known as the Safe at Home Program);
   2. Meets one of the specific circumstances or reasons provided by 2) below; and
   3. The name the petitioner is seeking to acquire is on file with the Secretary of State. (Code of Civil Procedure Section 1277 (b).)
2. Provides that a petition for a decree of a change of name is eligible to be exempt from the requirement for publication of the order to show cause if any of the following is met:
   1. The petitioner seeks to avoid domestic violence. (Code of Civil Procedure Section 1277 (b)(1).);
   2. The petitioner seeks to avoid stalking. (Id., (b)(2).)
   3. Petitioner is a victim of sexual assault. (Id., (b)(3).)
3. Provides that the initial uniform fee for filing the first paper in a civil action or proceeding in the Superior Court is $355. (Government Code Section 70611.)
4. Provides that a supplemental fee of $40 shall be collected for filing any first paper subject to the uniform fee that is set at $355. (Government Code 70602.6.)
5. Imposes, commencing on July 1, 2018, an additional fee of $40 for filing a paper requiring a hearing on a petition for a decree of change of name or gender. (Government Code Section 70617.)
6. Provides a procedure for the victim of domestic violence, sexual assault, stalking, or human trafficking, or a person that is a member of the victim’s household, to petition for a confidential mailing address. (Government Code Section 6206 (a).)
7. Defines “domestic violence” as abuse perpetrated against a spouse or former spouse, a cohabitant or former cohabitant, a person involved in a dating or engagement relationship, a child, a co-parent, or another other person related by consanguinity or affinity within the second degree. (Family Code Section 6211.)
8. Defines “stalking” as willfully, maliciously, and repeatedly following or willfully and maliciously harassing another person and making a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family. (Penal Code Section 646.9.)
9. Defines “sexual assault” as rape, unlawful sexual intercourse, rape in concert with force and violence, rape of a spouse, sodomy, bigamy, incest, other crimes against nature, oral copulation, sexual penetration, annoying or molesting a minor, and any attempt to commit the listed acts. (Evidence Code Section 1036.2.)

This bill:

1. Provides that victims of human trafficking who are in the Safe at Home program are eligible for the confidential name change program.
2. Exempts minors in the Safe at Home program from the fees required to file and process a change of name petition, if the name change is being sought to avoid stalking, domestic violence, or the minor has been the victim of sexual assault or human trafficking.

Background

Existing law generally requires a person who wishes to change their name to petition a court, which must then issue an order to show cause, which typically is published in a newspaper of general circulation, thereby providing other parties with notice and the opportunity to object to the name change at a scheduled hearing. An exception to this public process exists for participants in the Secretary of State’s confidential address program, known as “Safe at Home,” if the reason for the name change is to avoid domestic violence, stalking, or if the person is a victim of sexual assault.

However, the court fee for a name change is $435—a considerable cost, particularly for minors. This bill, which will be named “Sydney’s law,” after a constituent who was a victim of childhood trauma and couldn’t afford to change her name, waives that fee for minors who qualify for that confidential name change.

Additionally, under existing law, the Safe at Home program also applies to victims of human trafficking. This bill provides that victims of human trafficking who are in the Safe at Home program are eligible for the confidential name change program. This bill provides that victims of human trafficking under the Safe at Home program are eligible for the confidential name change process, and minors who fit that description are eligible for the fee waiver.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 7/2/18)

Crime Victims United of California

OPPOSITION: (Verified 7/2/18)

None received

ARGUMENTS IN SUPPORT: According to the author:

No childhood victim should have to pay hundreds of dollars to remove their abusers name from their identity if they want to make a fresh start. While one may consider changing their name as a matter of safety, adolescents may also consider a name change as part of the healing process. Some child victims share the same surname as their abuser and may want to move on before they enter adulthood.

The cost of changing a child’s name should not be an added barrier to secure safety and peace of mind. Survivors of abuse have already paid a high enough price.

ASSEMBLY FLOOR: 68-0, 4/12/18

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Grayson, Harper, Holden, Irwin, Kalra, Kiley, Lackey, Levine, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Bloom, Cristina Garcia, Gray, Jones-Sawyer, Limón, Low, Mullin, Santiago, Steinorth

Prepared by:

7/3/18 15:43:56

**** END ****

SENATE JUDICIARY COMMITTEE

Senator Hannah-Beth Jackson, Chair

2017-2018 Regular Session

Bill No: AB 2201 (Author:Mayes)

Version: June 4, 2018

Hearing Date: June 12, 2018

Fiscal: Yes

Urgency: No

Consultant: JDT

SUBJECT

Court fees: name changes: exemption

DESCRIPTION

This bill would create a fee waiver for petitions for change of name filed on behalf of certain minors who are at risk of stalking or domestic violence, or have been victims of sexual assault or human trafficking.

BACKGROUND

Existing law generally requires a person who wishes to change their name to petition a court, which must then issue an order to show cause, which typically is published in a newspaper of general circulation, thereby providing other parties with notice and the opportunity to object to the name change at a scheduled hearing. An exception to this public process exists for participants in the Secretary of State’s confidential address program, known as “Safe at Home,” if the reason for the name change is to avoid domestic violence, stalking, or if the person is a victim of sexual assault.

However, the court fee for a name change is $435—a considerable cost, particularly for minors. This bill, which would be named “Sydney’s law,” after a constituent who was a victim of childhood trauma and couldn’t afford to change her name, would waive that fee for minors who qualify for that confidential name change.

Additionally, under existing law, the SAH program also applies to victims of human trafficking. This bill would provide that victims of human trafficking who are in the Safe at Home program are eligible for the confidential name change program. This bill would provide that victims of human trafficking under the Safe at Home program are eligible for the confidential name change process, and minors who fit that description are eligible for the fee waiver.

CHANGES TO EXISTING LAW

Existing law establishes an address confidentiality (Safe at Home) program within the Office of the Secretary of State in order to enable state and local agencies to both accept and respond to requests for public records without disclosing the name and/or address of a victim of domestic violence, sexual assault, stalking, human trafficking, or a reproductive healthcare worker. Existing law permits any such adult victim, or parent or guardian acting on behalf of a minor or incapacitated person, to apply through a community-based victims’ assistance program to have an address designated by the SOS as his or her substitute mailing address. (Gov. Code Sec. 6205 et seq.)

Existing law requires that a victim of domestic violence, sexual assault, stalking, or human trafficking, or, if the victim is a minor, the victim’s parent or guardian, who applies for the address confidentiality program to complete an application in person at a community-based victims’ assistance program. Applicants, or their parents or guardians, are required to meet with a victims’ assistance counselor and receive orientation information about the program. Existing law requires the application to include a sworn statement that the applicant has good reason to believe that the applicant, or the minor, is a victim of domestic violence, sexual assault, stalking, or human trafficking, and the applicant fears for his or her safety, or that of the minor. (Gov. Code Sec. 6206(a).)

Existing law requires applications for change of names to be determined by the Superior Courts. (Code Civ. Proc. Sec. 1275.)

Existing law requires that in a proceeding for a change of name commenced by the filing of a petition, if the person whose name is to be changed is under 18, the petition must, if neither parent of the person has signed the petition, include the names, if known, of the parents of the person and their place of residence, if living, or, if neither parent is living, near relatives of the person and their place of residence. (Code Civ. Proc. Sec. 1276(b).)

Existing law requires that in a proceeding for a change of name commenced by the filing of a petition, if the person whose name is to be changed is under 18 and the petition is signed by only one parent, the petition must specify the address, if known, of the other parent if living. If the petition is signed by a guardian, the petition must specify the name and address, if known, of the parent or parents, if living, or the grandparents, if the addresses of both parents are unknown or if both parents are deceased, of the person whose name is proposed to be changed. (Code Civ. Proc. Sec. 1276(c).)

Existing law requires that in a proceeding for a change of name commenced by the filing of a petition, if the person whose name is proposed to be changed is 12 years of age or older and has been relinquished to an adoption agency by his or her parent or parents, and has not been legally adopted, the petition shall be signed by the person and the adoption agency to which the person was relinquished. Existing law prohibits the near relatives of the person and their place of residence from being included in the petition unless they are known to the person whose name is proposed to be changed. (Code Civ. Proc. Sec. 1276(d).)

Existing law generally requires that all petitions for the change of the name of a minor submitted by a guardian appointed by the juvenile court or probate court must be made in the appointing court. (Code Civ. Proc. Sec. 1276(e).) Existing law requires that if the petition is signed by a guardian, the petition must specify relevant information regarding the guardianship, the likelihood that the child will remain under the guardian’s care until the child reaches the age of majority, and information suggesting that the child will not likely be returned to the custody of his or her parents. (Code Civ. Proc. Sec. 1276(f).)

Existing law generally requires a person who wishes to change their name to petition a court to make an order directing all persons interested in the matter to appear before the court, as specified, to show cause why the application for change of name should not be granted. (Code Civ. Proc. 1277(a)(1).) Existing law requires the order to show cause to be published in a newspaper of general circulation in the county, as specified. (Code Civ. Proc. 1277(a)(2).)

Existing law requires that if the petition for a name change has been filed for a minor by a parent and the other parent, if living, does not join in consenting thereto, the petitioner must serve notice, at least 30 days before the hearing, on the other parent, except as specified. (Code Civ. Proc. 1277(a)(4).) Existing law requires that if a guardian files a petition to change the name of the guardian’s minor ward, the guardian must provide notice of the hearing to any living parent of the minor by personal service at least 30 days before the hearing, and if either or both parents are deceased or cannot be located, to serve to notice of the hearing or a copy of the order to show cause on the child’s grandparents, if living, as specified. (Code Civ. Proc. 1277(e).)

Existing law exempts from the publication requirement a petitioner who is a participant in the address confidentiality program (also known as the Safe at Home program) and who seeks to avoid domestic violence, stalking, or is a victim of sexual assault, as long as the name the petitioner is seeking to acquire is on file with the Secretary of State. (Code Civ. Proc. Sec. 1277(b).)

Existing law requires the Secretary of State to keep confidential the name changes of Safe at Home program participants obtained pursuant to subdivision (b) of Section 1277 of the Code of Civil Procedure. (Gov. Code Sec. 6206.4.)

Existing law imposes a uniform fee for filing the first paper in a civil action or proceeding in the superior court, as specified, of $355, and imposes additional supplemental fees and fees for subsequent filings. (See Gov. Code Secs 70602.5, 70602.6 & 70611.)

This bill would provide that victims of human trafficking who are in the Safe at Home program are eligible for the confidential name change program.

This bill would exempt minors in the Safe at Home program from the fees required to file and process a change of name petition, if the name change is being sought to avoid stalking, domestic violence, or the minor has been the victim of sexual assault or human trafficking.

COMMENT

1. Stated need for the bill

According to the author:

No childhood victim should have to pay hundreds of dollars to remove their abusers name from their identity if they want to make a fresh start. While one may consider changing their name as a matter of safety, adolescents may also consider a name change as part of the healing process. Some child victims share the same surname as their abuser and may want to move on before they enter adulthood.

The cost of changing a child’s name should not be an added barrier to secure safety and peace of mind. Survivors of abuse have already paid a high enough price.

2. Safe at Home program

In 1998, SB 489 (Alpert, Ch. 1005, Stats. 1998) established the “Address Confidentiality for Victims of Domestic Violence” program, which is now referred to as the “Safe at Home” (SAH) program. The SAH program is available to victims of domestic violence, sexual assault, stalking, human trafficking, as well as to reproductive healthcare workers, and provides these individuals with a substitute mailing address in order to protect the confidentiality of the participant’s home, work, or school address. The substitute mailing address is an assigned post office box, and the Secretary of State (SOS) is designated as the participant’s agent for service of process and receipt of mail. Mail is forwarded by the SOS from the post office box to the participant. Thus, the Safe at Home program allows participants to have a publicly available address without disclosing the participant’s actual residence or alternate location. Upon successful application, a program participant is certified to remain in the program for four years, subject to early termination or withdrawal, and must re-certify pursuant to the SOS’s renewal process if he or she wishes to continue in the program beyond the four-year enrollment period. For victims not yet of the age of majority, or for incapacitated persons, a parent or guardian may apply to enroll the victim into the program.

Since its inception in 1999, the SAH program has served almost 10,000 participants. As of January 1, 2018, there were 3,412 active participants, 37 percent of which were children. (Secretary of State’s Confidential Address Program (Safe at Home): 2017 Annual Legislative Report, p. 2.)

3. Confidential name changes for certain participants in the SAH program

Existing law generally requires a person who wishes to change their name to petition a court, which must then issue an order to show cause. Such an order must be published in a newspaper of general circulation, thereby providing other parties with notice and the opportunity to object to the name change at a scheduled hearing.

Existing law enables participants in the SAH program to avoid this public process and seek a confidential name change, as long as the person seeking the name change is seeking to avoid domestic violence, stalking, or is a victim of sexual assault. The Secretary of State reports that almost 100 individuals have received a confidential name change under this process as of January 1, 2018. But under existing law, most superior courts charge $435 for a name change, with some court imposing additional surcharges. (Superior Court of California, Statewide Civil Fee Schedule (effective January 1, 2014) <http://www.courts.ca.gov/documents/filingfees.pdf> [as of May 26, 2018].)

This bill would provide that victims of human trafficking who are in the SAH program are eligible for the confidential name change program. The bill would also waive the fee for petitions filed by parents or guardians on behalf of minors who qualify for that confidential name change, thereby eliminating a financial barrier to an important protection for an at-risk demographic.

Support: Crime Victims United of California

Opposition: None

HISTORY

Source: Author

Related Pending Legislation: SB 1320 (Stern, 2018) would make the Safe at Home program available to a victim of elder or dependent adult abuse, thus enabling state and local agencies to respond to requests for public records without disclosing the elder or dependent adult’s residence address contained in any public record and otherwise provide for the confidentiality of that individual’s address. This bill is currently being considered in the Assembly.

Prior Legislation:

SB 1233 (Oropeza, Ch. 326, Stats. 2010) made the Safe at Home program permanent, removing the sunset provision on the law.

SB 1062 (Bowen, Ch. 639, Stats. 2006) added sexual assault victims to those who qualify for the Safe at Home program.

AB 1669 (Assembly Committee on Judiciary, Ch. 668, Stats. 2000) exempted domestic violence victims from the publication requirement of the name change procedures of the Code of Civil Procedure for participants in the Safe at Home Program.

SB 1318 (Alpert, Ch. 562, Stats. 2000) added stalking victims to those who qualify for the Safe at Home program.

SB 489 (Alpert, Ch. 1005, Stats. 1998) established the “Address Confidentiality for Victims of Domestic Violence” program, which is now referred to as the Safe at Home program, to provide address confidentiality for victims of domestic violence.

Prior Vote:

Assembly Floor (Ayes 68, Noes 0)

Assembly Appropriations Committee (Ayes 15, Noes 0)

Assembly Judiciary Committee (Ayes 10, Noes 0)

**************

Date of Hearing: April 4, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 2201

Author:(Mayes) – As Introduced Ver:February 12, 2018

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill waives court fees charged to a petitioner seeking a name change on behalf of a minor who is at risk of stalking or domestic violence or has been the victim of sexual assault and who is participating in the Secretary of State’s Safe at Home Program.

FISCAL EFFECT:

Minor, likely less than $15,000 General Fund annually.

According the Secretary of State, for the years 2015 through 2017, an average of 89 individuals annually completed confidential name changes through the program, 32 of whom were minors. Currently, court fees associated with a petition for a name change total $435. Based on those numbers, this bill would result in an average annual reduction of fee revenue of $13,716. Consistent with the author’s intent, the bill’s fee waiver will lead to an increase in the number of minors participating in the Safe at Home Program and petitioning for a name change. Nonetheless, program participation by minors would have to increase tenfold before the cost of this bill would reach the committee’s suspense threshold.

COMMENTS:

1. Purpose. The author contends legal fees may dissuade a minor who has been abused from seeking a name change, thereby endangering the minor and hindering his or her healing.
2. The Safe at Home Program. The program provides confidential mail-forwarding services to victims of domestic violence, stalking, or sexual assault who are in need of a substitute mailing address that can be used to receive mail and/or create a public record with state and local agencies. Participants may also receive other services, such as confidential voter registration, petition for a confidential name change through a California Superior Court, records suppression through the Department of Motor Vehicles, and “smog” vehicles without disclosing a residential address.
3. Name-change Court Fees Total Hundreds of Dollars. Statute mandates several fees to be paid by a petitioner for a name change. First, there is an initial uniform fee of $355 for an action in Superior Court. In addition, there are two $40 fees, the first a uniform “supplemental fee” and the second for hearing on a change of name or gender. Thus, a petitioner seeking a name change currently must pay $435 in court fees.

Analysis Prepared by: Jay Dickenson / APPR. / (916) 319-2081

Date of Hearing: March 20, 2018

ASSEMBLY COMMITTEE ON JUDICIARY

Mark Stone, Chair

ABPCA Bill Id:AB 2201

Author:(Mayes) – As Introduced Ver:February 12, 2018

PROPOSED CONSENT

SUBJECT: Court fees: name changes: exemption

KEY ISSUE: SHOULD A FEE WAIVER BE PROVIDED TO A PETITIONER, FILING ON BEHALF OF A MINOR, IN A NAME CHANGE PROCEEDING, IF THE MINOR SEEKING THE NAME CHANGE IS AT RISK OF STALKING OR DOMESTIC VIOLENCE, OR HAS BEEN THE VICTIM OF SEXUAL ASSAULT?

SYNOPSIS

This well-intentioned, and non-controversial, bill seeks to exempt minors from the court fees associated with a petition for a decree of a change of name if that minor has been the victim of domestic abuse, sexual assault, or stalking and is participating in the Safe at Home Program administered by the Secretary of State. According to the author, this bill seeks to prevent the $435 of court fees from being a deterrent to a minor victim of stalking, domestic violence, or sexual assault seeking to remove the surname of a potential abuser from their legal name in order to promote victim healing, mental health, and physical security. This bill has no support or opposition on file.

SUMMARY: Exempts certain petitioners, filing on behalf of minors, from paying court fees related to proceedings for a decree of a change of name. Specifically, this bill:

1. Provides that no fee shall be charged to the petitioner in a proceeding for a decree of a change of name, if the action is filed on behalf of a minor, and the minor meets the requirements to be exempted from the publication of a name change as provided in subdivision (b) of Section 1277 of the Code of Civil Procedure. Those requirements include:
2. The action is filed on behalf of a person who is seeking to avoid domestic violence or stalking, or is a victim of sexual assault;
3. The action is filed on behalf of a person who is participating in the Safe at Home Program, administered by the Secretary of States; and
4. The action is filed on behalf of a person who has filed their new name with the Secretary of State.
5. Names the above exemption “Sydney’s Law.”

EXISTING LAW:

1. Provides that a petition for the decree for a change of name is exempt from the requirement for publication of the order to show cause, and that the order of the court will indicate that the proposed name is confidential and on file with the Secretary of State if the petitioner is all of the following:
   1. A participant in the address confidentiality program (known as the Safe at Home Program);
   2. Meets one of the specific circumstances or reasons provided by 2); and
   3. The name the petitioner is seeking to acquire is on file with the Secretary of State. (Code of Civil Procedure Section 1277 (b).)
2. Provides that a petition for a decree of a change of name is eligible to be exempt from the requirement for publication of the order to show cause if any of the following is met:
   1. The petitioner seeks to avoid domestic violence. (Code of Civil Procedure Section 1277 (b)(1).);
   2. The petitioner seeks to avoid stalking. (Id., (b)(2).)
   3. Petitioner is a victim of sexual assault. (Id., (b)(3).)
3. Provides that the initial uniform fee for filing the first paper in a civil action or proceeding in the Superior Court is $355. (Government Code Section 70611.)
4. Provides that a supplemental fee of $40 shall be collected for filing any first paper subject to the uniform fee that is set at $355. (Government Code 70602.6.)
5. Commencing on July 1, 2018, imposes an additional fee of $40 for filing a paper requiring a hearing on a petition for a decree of change of name or gender. (Government Code Section 70617.)
6. Provides a procedure for the victim of domestic violence, sexual assault, stalking, or human trafficking, or a person that is a member of the victim’s household, to petition for a confidential mailing address. (Government Code Section 6206 (a).)
7. Defines “domestic violence” as abuse perpetrated against a spouse or former spouse, a cohabitant or former cohabitant, a person involved in a dating or engagement relationship, a child, a co-parent, or another other person related by consanguinity or affinity within the second degree. (Family Code Section 6211.)
8. Defines “stalking” as willfully, maliciously, and repeatedly following or willfully and maliciously harassing another person and making a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family. (Penal Code Section 646.9.)
9. Defines “sexual assault” as rape, unlawful sexual intercourse, rape in concert with force and violence, rape of a spouse, sodomy, bigamy, incest, other crimes against nature, oral copulation, sexual penetration, annoying or molesting a minor, and any attempt to commit the listed acts. (Evidence Code Section 1036.2.)

FISCAL EFFECT: As currently in print this bill is keyed fiscal.

COMMENTS: This bill seeks to exempt from court fees a petitioner seeking to receive a decree of a change of name on behalf of a minor who was the victim of domestic violence, stalking, or sexual assault. In support of the fee exemption provided in this bill, the author states:

No childhood victim should have to pay hundreds of dollars to remove their abusers name from their identity if they want to make a fresh start. While one may consider changing their name as a matter of safety, adolescents may also consider a name change as part of the healing process. Some child victims share the same surname as their abuser and may want to move on before they enter adulthood.

The cost of changing a child’s name should not be an added barrier to secure safety and peace of mind. Survivors of abuse have already paid a high enough price.

The Safe at Home Program Recognizes the Need for Victim Privacy. In 1998, seeking to protect the victims of domestic violence, the Legislature enacted SB 489 (Alpert, Chapter 1008, Statutes of 1998), creating the Safe at Home Program. The Safe at Home Program provides victims with the ability to obtain a confidential mailing address in order to shield their location from abusers. As a part of the program, the Secretary of State forwards first class and any governmental mail, as well as packages or large envelopes, including legal documents or bank checks, to program participants. Since its inception in 1998, the Safe at Home Program has been expanded to include victims of stalking, sexual assault, and human trafficking, in addition to those who can join the program due to the sensitivity of their employment.

Background on Name Changes and the Procedures Required to Change One’s Name. The common law has long recognized a person’s right to change one’s name. (In re Ross (1937) 8 Cal.2d 608, 609.) The statutory procedures outlined by the Code of Civil Procedure simply provide the formal legal framework necessary for government certification of the name change that is required to obtain identifying official documents such as a California’s driver’s license, a U.S. passport, or Social Security records. Under the traditional statutory framework, a person seeking a name change files a petition with the court, the court then issues an order to show cause, thereby providing other parties with notice about the opportunity to object to the name change petition at a scheduled hearing. In many cases, the order to show cause must be published in a newspaper of general circulation. If there are no objections filed with the court, the court may grant the name change petition without a hearing. The court fees for all aspects of a petition for a decree of a change of name are $435, including the initial filing fee, supplemental fee, and fee for the hearing on the petition.

Recognizing that victims of domestic violence require extra protections when seeking name changes, in 2000, this Committee sponsored AB 1669 (Committee on Judiciary, Chapter 668, Statutes of 2000) to exempt from the publication requirement of the name change procedures for victims participating in the Safe at Home Program. As eligibility for the Safe at Home Program was expanded, eligibility for the publication exemption was also expanded to include victims of stalking and sexual assault in 2006 by SB 1743 (Bowen, Chapter 689, Statutes of 2006).

This Bill Eliminates the Financial Barriers to Juvenile Victims Seeking Name Changes. When a petition for a decree of change of name is filed on behalf of a minor who is otherwise exempt from the publication requirements of a petition for a change of name, this bill would exempt the petitioner from needing to pay the $435 of court fees associated with the name change process. To qualify for the fee exemption, the minor would have to be seeking to avoid domestic abuse, stalking, or be the victim of sexual abuse. Additionally, the minor must be a participant in the Safe at Home Program and file their new name with the Secretary of State prior to seeking the name change in court.

Over the past several years, statutory changes have provided fee waivers for various court filings and certain civil and criminal penalties. The revenue from many of these fees and fines helped fund court operations. For example, according to the Judicial Council, in the first 13 months following the implementation of the Traffic Ticket Amnesty Program by the Department of Motor Vehicles, California courts lost approximately $131 million in traffic fine revenue. Revenue losses for the courts have resulted in the closing of courthouses and the curtailment of vital access to justice for millions of Californians.

In contrast with other fee waiver programs, the impact of this bill would modest. According to the Secretary of State’s 2017 Annual Legislative Report on the Safe at Home program, 37 percent of the program participants are minors, and as of January 1, 2018, 97 persons have registered confidential name changes under the program, representing less than five percent of the total number of active enrollees in the program. It is unclear to what extent the comparatively low enrollment numbers for the confidential change of name registry is related to the cost of seeking a name change, however, if all 97 persons currently enrolled in the registry were to have qualified for the fee waiver proposed by this bill the total loss of court fee revenue would have totaled $42,195. Compared to other court fee waivers and exemptions, the amount of potential revenue lost if this bill is enacted is minor. In light of the prior experiences that would make a person eligible for the fee exemption posed by this bill, this fee exemption is a reasonable measure to aid these victims in recovery and regaining a sense of security.

Past Related Legislation: SB 1233 (Oropeza), Chapter 326, Statutes of 2010, made the Safe at Home program permanent, removing the sunset provision on the law.

SB 1062 (Bowen), Chapter 639, Statutes of 2006, added sexual assault victims to those who qualify for the Safe at Home program.

AB 1669 (Committee on Judiciary), Chapter 668, Statutes of 2000, exempted domestic violence victims from the publication requirement of the name change procedures of the Code of Civil Procedure for participants in the Safe at Home Program.

SB 1318 (Alpert), Chapter 562, Statutes of 2000, added stalking victims to those who qualify for the Safe at Home program.

SB 489 (Alpert), Chapter 1005, Statutes of 1998, established the “Address Confidentiality for Victims of Domestic Violence” program, which is now referred to as the Safe at Home program, to provide address confidentiality for victims of domestic violence.

REGISTERED SUPPORT / OPPOSITION:

Support

None on file

Opposition

None on file

Analysis Prepared by: Nicholas Liedtke / JUD. / (916) 319-2334