Bill Amendment: IL SB0574 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: CHANGE OF NAME-PUBLICATION

Status: 2018-08-19 - Public Act . . . . . . . . . 100-0966 [SB0574 Detail]

Download: Illinois-2017-SB0574-Senate_Amendment_001.html

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Sen. Melinda Bush

Filed: 4/11/2018

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AMENDMENT TO SENATE BILL 574
AMENDMENT NO. ______. Amend Senate Bill 574 by replacing
everything after the enacting clause with the following:
"Section 5. The Code of Civil Procedure is amended by
changing Section 21-103 as follows:
(735 ILCS 5/21-103) (from Ch. 110, par. 21-103)
Sec. 21-103. Notice by publication.
(a) Previous notice shall be given of the intended
application by publishing a notice thereof in some newspaper
published in the municipality in which the person resides if
the municipality is in a county with a population under
2,000,000, or if the person does not reside in a municipality
in a county with a population under 2,000,000, or if no
newspaper is published in the municipality or if the person
resides in a county with a population of 2,000,000 or more,
then in some newspaper published in the county where the person

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resides, or if no newspaper is published in that county, then
in some convenient newspaper published in this State. The
notice shall be inserted for 3 consecutive weeks after filing,
the first insertion to be at least 6 weeks before the return
day upon which the petition is to be heard, and shall be signed
by the petitioner or, in case of a minor, the minor's parent or
guardian, and shall set forth the return day of court on which
the petition is to be heard and the name sought to be assumed.
(b) The publication requirement of subsection (a) shall not
be required in any application for a change of name involving a
minor if, before making judgment under this Article, reasonable
notice and opportunity to be heard is given to any parent whose
parental rights have not been previously terminated and to any
person who has physical custody of the child. If any of these
persons are outside this State, notice and opportunity to be
heard shall be given under Section 21-104.
(b-5) The publication requirement of subsection (a) is not
required in any application for a change of name involving a
person who files with the court a written declaration, made
under penalty of perjury by a licensed health care professional
or licensed mental health professional who has treated or
evaluated the person seeking a change of name, stating that the
person has an intersex condition or has undergone treatment
that is clinically appropriate for that individual for the
purpose of gender transition, based on contemporary medical
standards.

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(c) The Director of State Police or his or her designee may
apply to the circuit court for an order directing that the
notice and publication requirements of this Section be waived
if the Director or his or her designee certifies that the name
change being sought is intended to protect a witness during and
following a criminal investigation or proceeding.
(d) The maximum rate charged for publication of a notice
under this Section may not exceed the lowest classified rate
paid by commercial users for comparable space in the newspaper
in which the notice appears and shall include all cash
discounts, multiple insertion discounts, and similar benefits
extended to the newspaper's regular customers.
(Source: P.A. 100-520, eff. 1-1-18 (see Section 5 of P.A.
100-565 for the effective date of P.A. 100-520).)".