RSA 547:3-i · Change of Name

547:3-i Change of Name. –

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I.

The probate court may grant the petition of any person to change the name of that person or the name of another person. The court shall not require the petitioner to obtain consents to the name change. The court may proceed with or without notice, in accordance with RSA 550:4.

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II.

Before the probate court may grant a change of name for a person who is incarcerated, or on probation or parole, or for a person who is required, pursuant to RSA 651-B, to register as a sexual offender or an offender against children and who is no longer subject to supervision by the department of corrections, or for a person convicted of a violent felony or a crime against a child, the petitioner shall make a compelling showing that a name change is necessary. For a person who is incarcerated, or on probation or parole, the petitioner shall serve a copy of the petition, pursuant to RSA 547:29, on the department of corrections and to the initial prosecuting jurisdiction. For a person who is required to register as a sexual offender or an offender against children and who is no longer subject to supervision by the department of corrections, the petitioner shall serve a copy of the petition, pursuant to RSA 547:29, on the department of safety and to the initial prosecuting jurisdiction. As used in this section, a "crime against a child" means an offense against a child, as defined by RSA 651-B:1, VII. As used in this section, a"violent felony"means any of the following offenses: capital murder pursuant to RSA 630:1, first degree murder pursuant to RSA 630:1-a, second degree murder pursuant to RSA 630:1-b, manslaughter pursuant to RSA 630:2, class A felony negligent homicide pursuant to RSA 630:3, first degree assault pursuant to RSA 631:1, second degree assault pursuant to RSA 631:2, aggravated felonious sexual assault or felonious sexual assault pursuant to RSA 632-A, kidnapping or criminal restraint pursuant to RSA 633, class A felony arson pursuant to RSA 634:1, robbery pursuant to RSA 636, or trafficking in persons pursuant to RSA 633:7. For a person who was convicted of a violent felony or a crime against a child, the petitioner shall serve a copy of the petition, pursuant to RSA 547:29, on the initial prosecuting jurisdiction. Upon ruling on the petition, the probate court shall issue a copy of its order to the department of corrections, the department of safety, and the initial prosecuting jurisdiction or, if the petitioner is no longer subject to the supervision of the department of corrections, to the department of safety and to the initial prosecuting jurisdiction.

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III.

Before the probate court may grant a change of name pursuant to paragraph II, the initial prosecuting jurisdiction shall make a reasonable effort to provide notice to the victim of the offense, or the victim's next of kin if the victim has died. The victim or victim's next of kin may appear personally to address the judge, or by counsel, or may provide a written statement to reasonably express his or her views concerning the offense, the person responsible, and the need for denying a name change. The judge may consider the statements of the victim or next of kin made pursuant to this section when making a decision to grant a name change. Source. 1996, 150:1. 1997, 100:7. 1999, 160:1. 2000, 50:1. 2003, 81:1, eff. July 29, 2003. 2024, 29:1, 2, eff. July 30, 2024.

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