Bill Summary – FastDemocracy

PRINTER'S NO.   875
                     THE GENERAL ASSEMBLY OF PENNSYLVANIA
                         HOUSE BILL
                         No. 845
                                               Session of
                                                 2025
     INTRODUCED BY WEBSTER, SANCHEZ, WAXMAN, GUENST, MADDEN,
        HANBIDGE, MAYES, OTTEN, WARREN, HOHENSTEIN, CERRATO, DALEY,
        KHAN AND RIVERA, MARCH 10, 2025
     REFERRED TO COMMITTEE ON JUDICIARY, MARCH 10, 2025
                                    AN ACT
 Amending Title 54 (Names) of the Pennsylvania Consolidated
    Statutes, in judicial change of name, further providing for
    court approval required for change of name and for change by
    order of court, providing for change by administrative
    application and further providing for effect on children.
    The General Assembly of the Commonwealth of Pennsylvania
 hereby enacts as follows:
    Section 1.    Section 701(a), (a.1) heading, (1) and (4)(ii)(B)
 and (b) of Title 54 of the Pennsylvania Consolidated Statutes
 are amended and the section is amended by adding a subsection to
 read:
 § 701.   Court approval required for change of name.
    (a)   General rule.--Except as set forth in subsection (b), it
 shall be unlawful for any person to assume a name different from
 the name by which such person is and has been known, unless such
 change in name is made pursuant to proceedings in court in
 accordance with subsection (a.1) or pursuant to the
 administrative procedures provided in subsection (a.2).
    (a.1)   [Procedure] Court petition procedure.--
      (1)   An individual [must] may file a petition in the
  court of common pleas of the county in which the individual
  resides. If a petitioner is married, the petitioner's spouse
  may join as a party petitioner, in which event, upon
  compliance with the provisions of this subsection, the spouse
  shall also be entitled to the benefits of this subsection.
      * * *
      (4)   At the hearing, the following apply:
            * * *
            (ii)    The petitioner must present to the court all of
      the following:
                   * * *
                   [(B)    An official search of the proper offices of
            the county where petitioner resides and of any other
            county where petitioner has resided within five years
            prior to filing the petition showing that there are
            no judgments, decrees of record or other similar
            matters against the petitioner. This clause may be
            satisfied by a certificate given by a corporation
            authorized by law to make the search under this
            clause.]
      * * *
  (a.2)   Administrative procedure.--
      (1)   Except as provided in paragraph (2), an individual
  may apply for a change of name by filing an application with
  the Department of Health. The Department of Health shall
  prescribe the application form and the manner in which the
  form shall be filed, subject to the following:
            (i)    An applicant may obtain and submit the
      application for a change of name either electronically
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      through the Department of Health's publicly accessible
      Internet website or physically at any driver license and
      photo center location of the Department of
      Transportation, in addition to any other Department of
      Health location accessible to the public where the
      Department of Health makes available the application
      form.
            (ii)    If an individual submits an application at a
      driver license or photo center location of the Department
      of Transportation, the Department of Transportation shall
      promptly transmit the application to the Department of
      Health in a secure manner to be determined by the
      Department of Health, in consultation with the Department
      of Transportation.
            (iii)    The Department of Health shall distribute the
      application form to the Department of Transportation.
            (iv)    The Department of Health shall make the
      following available on its publicly accessible Internet
      website:
                   (A)   The electronic application for a change of
            name.
                   (B)   The list of Department of Health locations
            at which an individual may obtain and submit an
            application.
                   (C)   A notice that the application may be
            submitted at any Department of Transportation driver
            license or photo center location.
      (2)   Notwithstanding paragraph (1), an individual seeking
  a change of name shall do so by filing a petition with the
  court of common pleas pursuant to the procedure under
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  subsection (a.1) if any of the following circumstances apply:
            (i)    The application is for a change of name of a
      minor and the minor's parent, legal guardian or legal
      representative does not provide consent for the
      applicant's name change. The application for a change of
      name of a minor may proceed under this subsection if the
      applicant can demonstrate to the satisfaction of the
      Department of Health at the conference scheduled under
      paragraph (4)(i) that:
                   (A)   The applicant provided notice to the
            nonapplying parent as required under paragraph (4)
            (iii) and made a reasonable attempt to obtain written
            and notarized consent from the nonapplying parent.
                   (B)   There is no objection from the nonapplying
            parent.
            (ii)    The applicant is unable to obtain and present
      the required documentation for purposes of applying for a
      name change, including documentation required by the
      Department of Health, as prescribed by rule or
      regulation, to permit the Department of Health to confirm
      the identity of the applicant and identify the correct
      record of live birth to be amended.
      (3)   The application shall include all of the following:
            (i)    The intention to change the applicant's name.
            (ii)    The reason for the name change.
            (iii)    The current residence of the applicant.
            (iv)    Any residence of the applicant for the five
      years prior to the date of the application.
      (4)   Upon filing of the application, the Department of
  Health shall do all of the following:
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            (i)    Set a date for a conference on the application,
      which shall be held not less than one month nor more than
      three months after the application is filed.
            (ii)    Seal the file. There shall be no public access
      to any name change application or record related to the
      name change application, except that it may be opened at
      the applicant's request. Applications and records related
      to the name change application shall not be subject to
      access under the act of February 14, 2008 (P.L.6, No.3),
      known as the Right-to-Know Law.
            (iii)    Direct that notice be given of the filing of
      the application, by certified mail, return receipt
      requested, to any nonapplying parent of a minor whose
      name may be affected by the proceedings, and notice shall
      include the date of the scheduled conference under
      subparagraph (i) and that the nonapplying parent may
      appear to object to the application at said conference.
      (5)   At the conference, the following apply:
            (i)    An individual having lawful objection to the
      change of name may be heard.
            (ii)    The applicant must present to the Department of
      Health all of the following:
                   (A)   Proof of service of the notice under
            paragraph (4)(iii).
                   (B)   Any other documentation required by the
            Department of Health by rule or regulation to permit
            the Department of Health to confirm the identity of
            the applicant and identify the correct record of live
            birth to be amended.
      (6)   The Department of Health may change the name as
20250HB0845PN0875                     - 5 -
    applied if the Department of Health is satisfied after the
    hearing that there is no lawful objection to the granting of
    the application.
          (7)    A person aggrieved by the Department of Health's
    determination under this subsection may appeal to
    Commonwealth Court in accordance with 2 Pa.C.S. (relating to
    administrative law and procedure).
          (8)    Nothing under this subsection, including electing to
    file an application for a name change, shall preclude an
    individual from the alternative option of filing a petition
    for a change of name in a court of common pleas pursuant to
    the procedures under subsection (a.1).
          (9)    The Department of Health may promulgate rules and
    regulations necessary to implement the provisions of this
    subsection.
          (10)    As used in this subsection, the following words and
    phrases shall have the meanings given to them in this
    paragraph unless the context clearly indicates otherwise:
          "Minor."    An individual who is under 18 years of age and
    not emancipated.
    (b)   Informal change of name.--Notwithstanding subsection
 (a), a person may at any time adopt and use any name if such
 name is used consistently, nonfraudulently and exclusively. The
 adoption of such name shall not, however, be in contravention of
 the prohibitions contained in section 702(c) (relating to change
 by order of court) or 702.1(c) (relating to change by
 administrative application).
    Section 2.     Section 702(c) of Title 54 is amended to read:
 § 702.   Change by order of court.
    * * *
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  (c)   Convicted felons.--
        (1)    The court may order a change of name for a person
  convicted of a felony[, subject to provisions of paragraph
  (2),] if:
               (i)    [at least two calendar years have elapsed from
        the date of completion of a person's sentence and] that
        person has completed the person's sentence and is not
        subject to the probation or parole jurisdiction of any
        court, county probation agency or the Pennsylvania Parole
        Board [of Probation and Parole]; or
               (ii)   the person has been pardoned.
        [(2)    The court may not order a change of name for a
  person convicted of murder, voluntary manslaughter, rape,
  involuntary deviate sexual intercourse, statutory sexual
  assault, sexual assault, aggravated indecent assault, robbery
  as defined in 18 Pa.C.S. § 3701(a)(1)(i) (relating to
  robbery), aggravated assault as defined in 18 Pa.C.S. §
  2702(a)(1) or (2) (relating to aggravated assault), arson as
  defined in 18 Pa.C.S. § 3301(a) (relating to arson and
  related offenses), kidnapping or robbery of a motor vehicle
  or criminal attempt, criminal conspiracy or criminal
  solicitation to commit any of the offenses listed above or an
  equivalent crime under the laws of this Commonwealth in
  effect at the time of the commission of that offense or an
  equivalent crime in another jurisdiction.]
        (3)    The court shall notify the Office of Attorney
  General, the Pennsylvania State Police and the office of the
  district attorney of the county in which the person resides
  when a change of name for a person convicted of a felony has
  been ordered. The Pennsylvania State Police, upon receipt of
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    this notice, shall include the change of name information in
    the central repository as provided for in 18 Pa.C.S. Ch. 91.
    Section 3.        Title 54 is amended by adding a section to read:
 § 702.1.    Change by administrative application.
    (a)     Application.--The Department of Health may change the
 name of an individual filing an application under section
 701(a.2) (relating to court approval required for change of
 name).
    (b)     Procedure.--Prior to the approval of a change of name,
 all of the following shall apply:
          (1)   The Department of Health must forward to the
    Pennsylvania State Police a duplicate copy of the application
    for a change of name and a set of the applicant's
    fingerprints. The applicant is responsible for costs under
    this paragraph.
          (2)   The Pennsylvania State Police shall use the
    fingerprints to determine if the applicant is subject to 18
    Pa.C.S. Ch. 91 (relating to criminal history record
    information).
          (3)   The Pennsylvania State Police shall:
                (i)    if the applicant is subject to 18 Pa.C.S. Ch.
          91, note the name change on the applicant's criminal
          history record information; or
                (ii)    if the applicant is not subject to 18 Pa.C.S.
          Ch. 91, destroy the fingerprints.
          (4)   Within 60 days of receipt of the material under
    paragraph (1), the Pennsylvania State Police shall certify to
    the Department of Health what action has been taken under
    paragraph (3).
          (5)   The procedure in this subsection shall not apply to
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    proceedings involving:
                (i)    An election to resume a prior surname pursuant
          to section 704 (relating to divorcing and divorced person
          may resume prior name).
                (ii)    Name changes involving minor children in
          adoption proceedings.
                (iii)    A name change involving a minor child whose
          name is being changed under section 703 (relating to
          effect on children) or because of the change of name of
          the child's parent.
    (c)   Convicted felons.--
          (1)   The Department of Health may order a change of name
    for an applicant convicted of a felony if:
                (i)    the individual has completed the individual's
          sentence and is not subject to the probation or parole
          jurisdiction of any court, county probation agency or the
          Pennsylvania Parole Board; or
                (ii)    the individual has been pardoned.
          (2)   The Department of Health shall notify the Office of
    Attorney General, the Pennsylvania State Police and the
    office of the district attorney of the county in which the
    applicant resides when a change of name for an individual
    convicted of a felony has been ordered. The Pennsylvania
    State Police, upon receipt of this notice, shall include the
    change of name information in the central repository as
    provided for in 18 Pa.C.S. Ch. 91.
    (d)   Rules and regulations.--The Department of Health may
 promulgate rules and regulations necessary to implement the
 provisions of this section.
    (e)   Definition.--As used in this section, the term "minor"
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 means an individual who is under 18 years of age and not
 emancipated.
    Section 4.   Section 703(b) of Title 54 is amended to read:
 § 703.   Effect on children.
    * * *
    (b)   Further change on attaining majority.--Any minor child
 whose surname has been changed pursuant to subsection (a) upon
 attaining majority shall also be entitled to the benefits of
 [section 702 (relating to change by order of court).] sections
 702 (relating to change by order of court) and 702.1 (relating
 to change by administrative application).
    Section 5.   This act shall take effect in 60 days.
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Statutes/Laws affected: 
Printer's No. 0875: 54-701(a), 54-1), 54-4)(ii)(, P.L.6, No.3