Chapter 163
2024 -- H 8155 SUBSTITUTE A
Enacted 06/17/2024

A N   A C T
RELATING TO PROBATE PRACTICE AND PROCEDURE -- PRACTICE IN PROBATE COURTS

Introduced By: Representatives Craven, Caldwell, and McEntee

Date Introduced: April 10, 2024

It is enacted by the General Assembly as follows:
     SECTION 1. Section 33-22-28 of the General Laws in Chapter 33-22 entitled "Practice in
Probate Courts" is hereby amended to read as follows:
     33-22-28. Name change.
     (a) In every petition for change of name in the probate court, the judge shall grant or deny
the petition without consideration of presence or absence of spousal consent. The change of name
of a person shall be granted unless such change is sought for fraudulent purposes.
     (b) A person may petition to change that person’s name in the probate court in the town or
city where the person resides.
     (c) If a petitioner is indigent, or demonstrates a limited or inability to pay, the court costs
may be waived or reduced.
     (d) Upon receipt of a petition to change name by an adult, the court may change the name
of that adult. The court shall not require public notice or publication before approving the name
change.
     (e) The court may require a person seeking a name change to undergo a criminal history
record check.
     (f) The court shall make and preserve a record of a name change.
     (g) The court shall, at the request of the person or sua sponte, order the records, including
docket entries, of such name change proceedings sealed, to be opened only by order of the court
for good cause shown or at the request of the person, if the court finds that an open record of the
person’s name change would jeopardize such person’s safety based on the totality of the
circumstances.
     (1) For the purpose of this section, “totality of the circumstances” shall include, but not be
limited to, a consideration of the risk of violence or discrimination against the person, including
the person’s status as transgender or as a survivor of domestic violence.
     (2) The court shall not deny such sealing request solely on the basis that the person lacks
specific instances of or a personal history of threats to their personal safety.
     (h) This statute is in addition to, and not in abrogation of, the common law.
     SECTION 2. Section 15-5-17 of the General Laws in Chapter 15-5 entitled "Divorce and
Separation" is hereby amended to read as follows:
     15-5-17. Change of name.
     Any woman person, to whom a divorce from the bond of marriage is decreed, shall, upon
request, be authorized by the decree to change her their name, notwithstanding that there may be
children born of the marriage, and subject to the same rights and liabilities as if her their name had
not been changed. This statute is in addition to, and not in abrogation of, the common law.
     SECTION 3. This act shall take effect upon passage.
========
LC005876/SUB A
========