CERTIFICATION OF ENROLLMENT

SUBSTITUTE SENATE BILL 5028

Chapter 34, Laws of 2023

68TH LEGISLATURE

2023 REGULAR SESSION

NAME CHANGES

EFFECTIVE DATE: July 23, 2023

SUBSTITUTE SENATE BILL 5028

BySenate Law & Justice (originally sponsored by Senators Pedersen, Wagoner, Dhingra, Frame, Hunt, Keiser, Kuderer, Liias, Nobles, Randall, Saldaña, Shewmake, Stanford, Wellman, and C. Wilson)

AN ACT Relating to revising the process for individuals to request name changes; and amending RCW 4.24.130.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 4.24.130 and 2022 c 141 s 1 are each amended to read as follows:

(1) Any person desiring a change of the person's name or that of the person's child or ((ward))of an individual subject to guardianship for whom the person has been appointed as guardian, may apply therefor to the district court of ((the))any judicial district in ((which the person resides))the state, by petition setting forth the ((reasons))desire for such change; thereupon such court in its discretion may order a change of the name and thenceforth the new name shall be in place of the former.

(2) An offender under the jurisdiction of the department of corrections who applies to change the offender's name under subsection (1) of this section shall submit a copy of the application to the department of corrections not fewer than five days before the entry of an order granting the name change. No offender under the jurisdiction of the department of corrections at the time of application shall be granted an order changing the offender's name if the court finds that doing so will interfere with legitimate penological interests, except that no order shall be denied when the name change is requested for religious or legitimate cultural reasons or in recognition of marriage or dissolution of marriage. An offender under the jurisdiction of the department of corrections who receives an order changing the offender's name shall submit a copy of the order to the department of corrections within five days of the entry of the order. Violation of this subsection is a misdemeanor.

(3) A sex offender subject to registration under RCW 9A.44.130 who applies to change the sex offender's name under subsection (1) of this section shall follow the procedures set forth in RCW 9A.44.130(7).

(4) The district court shall collect the fees authorized by RCW 36.18.010 for filing and recording a name change order, and transmit the fee and the order to the county auditor. The court may collect a reasonable fee to cover the cost of transmitting the order to the county auditor. Upon affidavit by the person seeking the name change or a qualified legal service provider that the person is unable to pay the fees due to financial hardship, the court shall waive all fees for filing and recording a name change order and direct the county auditor or recording officer to process the name change order at no expense to the person. The court may not waive the fees if the person has received victim compensation for name change fees. For purposes of this subsection, "qualified legal service provider" means a not-for-profit legal services organization in Washington state whose primary purpose is to provide legal services to low-income clients.

(5)(a) Name change petitions may be filed and shall be heard in any superior court ((when the))in the state:

(i) When a person desiring a change of the person's name ((or that of the person's child or ward is a victim of domestic violence as defined in RCW 7.105.010 and the person seeks to have the name change file sealed due to reasonable fear for the person's safety or that of the person's child or ward)):

(B) Due to an experience of or reasonable fear of domestic violence, stalking, unlawful harassment, or coercive control as those terms are defined in RCW 7.105.010.

(c) Upon granting the name change, the superior court shall seal the file ((if the court finds that the safety of the person seeking the name change or the person's child or ward warrants sealing the file))to protect the person's privacy or that of the person's child or of an individual subject to guardianship for whom the person has been appointed as guardian. In all cases filed under this subsection (5), whether or not the name change petition is granted, there shall be no public access to any court record of the name change filing, proceeding, or order, unless the name change is granted but the file is not sealed. The name change file shall not thereafter be open to inspection except: (i) Upon order of the court for good cause shown; or (ii) upon the request of the person whose name change was granted or the person's guardian or representative.

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