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Change by order of court - 54 Pa. Cons. Stat. § 702Legal Research Home > Pennsylvania Statutes Sponsored Links
§ 702. Change by order of court.
(a) General rule.--The court of common pleas of any county
may by order change the name of any person resident in the
county.
(b) Procedure.--Prior to entry of an order of approval of
change of name, all of the following shall apply:
(1) The court must forward to the Pennsylvania State
Police a duplicate copy of the application for change of name
and a set of the person's fingerprints. The person applying
for the change of name is responsible for costs under this
paragraph.
(2) The Pennsylvania State Police shall use the
fingerprints to determine if the person is subject to 18
Pa.C.S. Ch. 91 (relating to criminal history record
information).
(3) The Pennsylvania State Police shall:
(i) if the person is subject to 18 Pa.C.S. Ch. 91,
note the name change on the person's criminal history
record information; or
(ii) if the person 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 court what action has been taken under paragraph (3).
(5) The procedure in this subsection shall not apply to
proceedings involving:
(i) An election to resume a prior surname pursuant
to section 704 (relating to 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 pursuant to section 703 (relating
to effect on children) or because of the change of name
of the child's parent.
(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 is not subject to the probation or parole
jurisdiction of any court, county probation agency or the
Pennsylvania 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
this notice, shall include the change of name information in
the central repository as provided for in 18 Pa.C.S. Ch. 91.
(June 18, 1998, P.L.638, No.83, eff. 60 days; June 22, 2000,
P.L.356, No.43, eff. 60 days; Nov. 30, 2004, P.L.1684, No.214,
eff. 60 days)
2004 Amendment. Act 214 amended subsec. (b).
1998 Partial Repeal. Section 13 of Act 127 of 1998 provided
that subsection (b) is repealed insofar as it is inconsistent
with Act 127.
Cross References. Section 702 is referred to in sections
701, 703 of this title; sections 2905, 5105 of Title 23
(Domestic Relations).
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Last modified: November 27, 2007 |