Senate Bill No. 160
Introduced By bartlett, estrada, ellingson, brooke, waterman, masolo
A Bill for an Act entitled: An Act authorizing a name change petition to proceed on a sealed-record basis when probable cause is shown that the safety of the petitioner is at risk; amending section
27-31-201, MCA; and providing an immediate effective date and an applicability date.
Be it enacted by the Legislature of the State of Montana:
Section 1. Section 27-31-201, MCA, is amended to read:
"27-31-201. Order setting hearing date -- notice -- safety. (1) When a petition setting out the matters contained in
27-31-101 or 27-31-102 is filed, the court or judge may appoint a time for hearing the petition. Except as provided in
subsection subsections (2) and (3), notice of the time and place of hearing the petition must be published for 4 successive
weeks in some newspaper published in the county, if a newspaper be is printed therein, but if no in the county. If a
newspaper be is not printed in the county, a copy of such the notice must be posted in at least three public places in the
county for a like period 4 successive weeks.
No publication Publication is not required for a change of name of a minor under 27-31-101 if both parents and all
legal guardians consent in writing.
(3) The court may allow a petition to proceed on a sealed-record basis when probable cause is shown that the safety of the petitioner is at risk and the judge is satisfied that the petitioner is not attempting to avoid debt or to hide a criminal record. The request to proceed on a sealed-record basis must be set forth in the petition. All papers and records pertaining to the sealed-record petition must be kept as a permanent record of the court and withheld from inspection unless the judge denies the request to proceed on a sealed-record basis. A person, other than the petitioner, may not have access to the records except for good cause shown and on order of the judge of the court in which the petition was granted."
Section 2. Applicability. [Section 1] applies to petitions filed on or after [the effective date of this act].
Section 3. Effective date. [This act] is effective on passage and approval.