Bill Amendment: IL HB2723 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: CIV PRO-NAME CHANGE; FELONS
Status: 2018-08-23 - Public Act . . . . . . . . . 100-1038 [HB2723 Detail]
Download: Illinois-2017-HB2723-House_Amendment_001.html
Bill Title: CIV PRO-NAME CHANGE; FELONS
Status: 2018-08-23 - Public Act . . . . . . . . . 100-1038 [HB2723 Detail]
Download: Illinois-2017-HB2723-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 2723
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2 | AMENDMENT NO. ______. Amend House Bill 2723 as follows:
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3 | on page 1, in lines 5 and 6, by replacing "Section 21-103.5" | ||||||
4 | with "Sections 21-102.5 and 21-106"; and
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5 | by replacing line 18 on page 1 through line 3 on page 2 with "in | ||||||
6 | accordance with the prayer in the petition. The filing of a | ||||||
7 | petition in accordance with this "; and
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8 | on page 4, by inserting immediately below line 2 the following:
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9 | "(735 ILCS 5/21-102.5 new) | ||||||
10 | Sec. 21-102.5. Notice; objection. | ||||||
11 | (a) The circuit court clerk shall promptly
serve a copy of | ||||||
12 | the petition on the State's Attorney where the petitioner | ||||||
13 | resides. | ||||||
14 | (b) The State's Attorney
may file an objection if the |
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1 | petitioner: | ||||||
2 | (1) is the defendant in a pending criminal offense | ||||||
3 | charge; | ||||||
4 | (2) has been convicted of identity theft, aggravated | ||||||
5 | identity theft, felony or misdemeanor criminal
sexual | ||||||
6 | abuse when the victim of the offense at the time of its | ||||||
7 | commission is
under 18 years of age, felony or misdemeanor | ||||||
8 | sexual exploitation of a child, felony or misdemeanor
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9 | indecent solicitation of a child, or felony or misdemeanor | ||||||
10 | indecent solicitation of an
adult; or | ||||||
11 | (3) has been convicted of any other offense for which | ||||||
12 | he or she is required to register under the Sex Offender | ||||||
13 | Registration Act in this State or any other state; and | ||||||
14 | (4) has not been pardoned for the conviction of an | ||||||
15 | offense listed under paragraph (2) or (3) of this | ||||||
16 | subsection (b). | ||||||
17 | (c) All objections shall be in writing, shall be filed with | ||||||
18 | the circuit court clerk, and shall state with specificity the | ||||||
19 | basis of the objection. Objections to a petition must be filed | ||||||
20 | within 30 days of the date of service of the petition upon the | ||||||
21 | State's Attorney. "; and
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22 | by replacing line 20 on page 5 through line 9 on page 6 with the | ||||||
23 | following:
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24 | "(735 ILCS 5/21-106 new) |
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1 | Sec. 21-106. Sealing. | ||||||
2 | The court may
order that the records of the clerk of the | ||||||
3 | circuit court of a proceeding under this Article be sealed | ||||||
4 | until further order of the court upon good cause shown. Good | ||||||
5 | cause includes, but is not limited to, evidence
that | ||||||
6 | availability of the records of the proceeding
will place the | ||||||
7 | petitioner or another person in physical
danger; evidence that | ||||||
8 | the petitioner or another person
has been the victim of | ||||||
9 | stalking, domestic violence, or assaultive behavior; or | ||||||
10 | evidence of certification by the Department of State Police | ||||||
11 | under subsection (c) of Section 21-103 of this Article of the | ||||||
12 | name change to protect a witness during or following a criminal | ||||||
13 | investigation or proceeding. ".
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