1.1 A bill for an act
1.2 relating to public safety; providing that a risk level III predatory offender name
1.3 change is public information;amending Minnesota Statutes 2024, sections 259.11;
1.4 259.13, by adding a subdivision.
1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2024, section 259.11, is amended to read:
1.7 259.11 ORDER; FILING COPIES.
1.8 (a) Upon meeting the requirements of section 259.10, the court shall grant the application
1.9 unless: (1) it finds that there is an intent to defraud or mislead; (2) section 259.13 prohibits
1.10 granting the name change; or (3) in the case of the change of a minor child's name, the court
1.11 finds that such name change is not in the best interests of the child. The court shall set forth
1.12 in the order the name and age of the applicant's spouse and each child of the applicant, if
1.13 any, and shall state a description of the lands, if any, in which the applicant and the spouse
1.14 and children, if any, claim to have an interest. The court administrator shall file such order,
1.15 and record the same in the judgment book. If lands be described therein, a certified copy of
1.16 the order shall be filed for record, by the applicant, with the county recorder of each county
1.17 wherein any of the same are situated. Before doing so the court administrator shall present
1.18 the same to the county auditor who shall enter the change of name in the auditor's official
1.19 records and note upon the instrument, over an official signature, the words "change of name
1.20 recorded." Any such order shall not be filed, nor any certified copy thereof be issued, until
1.21 the applicant shall have paid to the county recorder and court administrator the fee required
1.22 by law. No application shall be denied on the basis of the marital status of the applicant.
2.1 (b) When a person applies for a name change, the court shall determine whether the
2.2 person has a criminal history in this or any other state. The court must conduct a search of
2.3 state records by submitting a set of fingerprints and the appropriate fee for the Bureau of
2.4 Criminal Apprehension to directly conduct the background check by retrieving criminal
2.5 history data, as defined in section 13.87. The court may conduct a search of national records
2.6 through the Federal Bureau of Investigation by submitting a set of fingerprints and the
2.7 appropriate fee to the Bureau of Criminal Apprehension. If it is determined that the person
2.8 has a criminal history in this or any other state, the court shall, within ten days after the
2.9 name change application is granted, report the name change to the Bureau of Criminal
2.10 Apprehension. The person whose name is changed shall also report the change to the Bureau
2.11 of Criminal Apprehension within ten days. The court granting the name change application
2.12 must explain this reporting duty in its order. Any person required to report the person's
2.13 name change to the Bureau of Criminal Apprehension who fails to report the name change
2.14 as required under this paragraph is guilty of a gross misdemeanor.
2.15 (c) Except for a predatory offender assigned to risk level III under section 244.052, the
2.16 provisions of paragraph (b) does do not apply to:
2.17 (1) a request for a name change as part of an application for a marriage license under
2.18 section 517.08;
2.19 (2) a request for a name change in conjunction with a marriage dissolution under section
2.20 518.27; or
2.21 (3) a request for a name change filed under section 259.14.
2.22 (d) Notwithstanding any law to the contrary and in addition to the reporting requirements
2.23 in paragraph (b), the court granting a name change to an individual required to register as
2.24 a risk level III predatory offender under section 243.166, must report the name change to
2.25 the Department of Corrections, the state patrol, and the law enforcement agency having
2.26 primary jurisdiction over the location where the offender resides for disclosure to the public
2.27 as provided in section 244.052. This notice must include, at a minimum, the offender's name
2.28 prior to change, new name, social security number, date of birth, and last known address.
2.29 Sec. 2. Minnesota Statutes 2024, section 259.13, is amended by adding a subdivision to
2.30 read:
2.31 Subd. 3a.Predatory offender risk level III. A name change must not be granted to a
2.32 person if the name change would have the effect of relieving the person of the duty to register
2.33 as a convicted risk level III predatory offender under section 243.166.
