(1) If the defendant gives no other name, the court may proceed against the defendant by the name in the accusatory instrument. If the defendant is charged by indictment or information and alleges that another name is the true name of the defendant, the court shall direct an entry thereof to be made in its register, and the subsequent proceedings on the accusatory instrument may be had against the defendant by that name, referring also to the name by which the defendant is charged. Before proceeding against the defendant as provided in this subsection, the court shall attempt to determine the true name of the defendant. If a birth certificate for the defendant was never created, the court shall ask the defendant, under oath or affirmation, to give the defendant’s true name. The court shall proceed under the name given unless the court is persuaded by a preponderance of the evidence that the name is not the defendant’s true name.
(2) Upon motion of the defendant, all names, other than the true name of the defendant, shall be stricken from any accusatory instrument read or submitted to the jury.
(3)(a) The following may file a motion requesting that a false name used by a defendant be stricken from an accusatory instrument, warrant of arrest or judgment and that the defendant’s true name, if known, be substituted:
(A) The district attorney; or
(B) A person whose name is the same as the false name used by the defendant.
(b) Before the court may grant a motion filed under paragraph (a)(B) of this subsection, the court must provide the district attorney with notice of the motion and an opportunity to respond.
(c) If the court grants a motion under this subsection, the court shall order that the false name be stricken from the accusatory instrument, warrant of arrest or judgment and that the defendant’s true name be substituted. In addition, the court shall order that any warrant of arrest of the defendant reflect that the defendant uses a name other than the defendant’s true name. [Formerly 135.350; 1985 c.540 §31; 2003 c.645 §5]
Section: Previous 135.037 135.040 135.045 135.050 135.053 135.055 135.060 135.065 135.067 135.070 135.073 135.075 135.080 135.085 135.090 NextLast modified: August 7, 2008