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California Code of Civil Procedure Section 1279.5

Legal Research Home > California Laws > Code of Civil Procedure > California Code of Civil Procedure Section 1279.5

1279.5.  (a) Except as provided in subdivision (b), (c), (d), or
(e), nothing in this title shall be construed to abrogate the common
law right of any person to change his or her name.
   (b) Notwithstanding any other law, no person imprisoned in the
state prison and under the jurisdiction of the Director of
Corrections shall be allowed to file a petition for change of name
pursuant to Section 1276, except as permitted at the discretion of
the Director of Corrections.
   (c) A court shall deny a petition for a name change pursuant to
Section 1276 made by a person who is under the jurisdiction of the
Department of Corrections, unless that person's parole agent or
probation officer grants prior written approval. Before granting that
approval, the parole agent or probation officer shall determine that
the name change will not pose a security risk to the community.
   (d) Notwithstanding any other law, a court shall deny a petition
for a name change pursuant to Section 1276 made by a person who is
required to register as a sex offender under Section 290 of the Penal
Code, unless the court determines that it is in the best interest of
justice to grant the petition and that doing so will not adversely
affect the public safety. If a petition for a name change is granted
for an individual required to register as a sex offender, the
individual shall, within five working days, notify the chief of
police of the city in which he or she is domiciled, or the sheriff of
the county if he or she is domiciled in an unincorporated area, and
additionally with the chief of police of a campus of a University of
California or California State University if he or she is domiciled
upon the campus or in any of its facilities.
   (e) For the purpose of this section, the court shall use the
California Law Enforcement Telecommunications System (CLETS) and
Criminal Justice Information System (CJIS) to determine whether or
not an applicant for a name change is under the jurisdiction of the
Department of Corrections or is required to register as a sex
offender pursuant to Section 290 of the Penal Code. Each person
applying for a name change shall declare under penalty of perjury
that he or she is not under the jurisdiction of the Department of
Corrections or is required to register as a sex offender pursuant to
Section 290 of the Penal Code. If a court is not equipped with CLETS
or CJIS, the clerk of the court shall contact an appropriate local
law enforcement agency, which shall determine whether or not the
petitioner is under the jurisdiction of the Department of Corrections
or is required to register as a sex offender pursuant to Section 290
of the Penal Code.

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Last modified: March 17, 2014