2024 -- S 2667

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LC005346

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO PROBATE PRACTICE AND PROCEDURE -- PRACTICE IN PROBATE

COURTS

     Introduced By: Senators Mack, Murray, and Bell

     Date Introduced: March 01, 2024

     Referred To: Senate Judiciary

     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 inconsistent with the public interest.

     (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.

     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.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PROBATE PRACTICE AND PROCEDURE -- PRACTICE IN PROBATE

COURTS

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     This act would outline the process for a person petitioning to change their name in the

probate court in the town or city where they reside. It would also make the statute regarding name

change gender neutral.

     This act would take effect upon passage.

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