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GEORGIA Legislation

Senate Bill 34


By: Senators Dixon of the 45th, Hatchett of the 50th, Mullis of the 53rd, Miller of the 49th, Jackson of the 2nd and others

AS PASSED

A BILL TO BE ENTITLED AN ACT

To amend Chapter 12 of Title 19 of the Official Code of Georgia Annotated, relating to name change, so as to provide that victims of human trafficking may petition for name change under seal; to provide for a definition; to provide for determination by the court; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Chapter 12 of Title 19 of the Official Code of Georgia Annotated, relating to name change, is amended by adding a new paragraph to subsection (a) and revising subsection (c) of Code 9 Section 19-12-1, relating to petition for name change, request by victim of family violence, notice of filing, and consent of minor's parents or guardian, as follows:

"(4) 'Human trafficking' means an offense provided for under Code Section 16-5-46."

"(c)(1) When a name change is requested by a petitioner who alleges to be a victim of family violence or human trafficking, such petitioner may petition the court to file his or her petition to change his or her name under seal.

(2) If the court determines that the petitioner is a victim of family violence or human trafficking, the court may issue an order waiving the requirements of publication as set forth in subsection (d) of this Code section. If the court determines that such filing shall be allowed to proceed under seal and otherwise waives the other requirements of this Code section, it may hear and determine all of the matters raised in such petition and render a final judgment thereon.

(3) After issuing an order under paragraph

(2) of this subsection, the court may later 22 unseal a petition for name change or order the petitioner to file a redacted version of such petition for the public record.

(4) If the court determines that the petitioner is not a victim of family violence or human trafficking, the underlying petition for name change shall not be heard until this Code 26 section has been complied with in full.

(5) The court shall retain all filings made under seal as part of the record."

SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.

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