Bill Text: IL HB2559 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends the Code of Civil Procedure. Makes a technical change in Section on petition to change name.

Spectrum: Bipartisan Bill

Status: (Enrolled) 2017-06-29 - Sent to the Governor [HB2559 Detail]

Download: Illinois-2017-HB2559-Enrolled.html



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1 AN ACT concerning civil procedure.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Code of Civil Procedure is amended by
5changing Sections 21-101 and 21-102 and by adding Section
621-102.5 as follows:
7 (735 ILCS 5/21-101) (from Ch. 110, par. 21-101)
8 Sec. 21-101. Proceedings; parties.
9 (a) If any person who is a resident of this State and has
10resided in this State for 6 months desires to change his or her
11name and to assume another name by which to be afterwards
12called and known, the person may file a petition in the circuit
13court of the county wherein he or she resides praying for that
14relief. If it appears to the court that the conditions
15hereinafter mentioned have been complied with and that there is
16no reason why the prayer should not be granted, the court, by
17an order to be entered of record, may direct and provide that
18the name of that person be changed in accordance with the
19prayer in the petition.
20 (b) The filing of a petition in accordance with this
21Section shall be the sole and exclusive means by which any
22person committed under the laws of this State to a penal
23institution may change his or her name and assume another name.

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1However, any person convicted of a felony in this State or any
2other state who has not been pardoned may not file a petition
3for a name change until 10 years have passed since completion
4and discharge from his or her sentence. A person who has been
5convicted of identity theft, aggravated identity theft, felony
6or misdemeanor criminal sexual abuse when the victim of the
7offense at the time of its commission is under 18 years of age,
8felony or misdemeanor sexual exploitation of a child, felony or
9misdemeanor indecent solicitation of a child, or felony or
10misdemeanor indecent solicitation of an adult, or any other
11offense for which a person is required to register under the
12Sex Offender Registration Act in this State or any other state
13who has not been pardoned shall not be permitted to file a
14petition for a name change in the courts of Illinois.
15 (c) A petitioner may include his or her spouse and adult
16unmarried children, with their consent, and his or her minor
17children where it appears to the court that it is for their
18best interest, in the petition and prayer, and the court's
19order shall then include the spouse and children. Whenever any
20minor has resided in the family of any person for the space of
213 years and has been recognized and known as an adopted child
22in the family of that person, the application herein provided
23for may be made by the person having that minor in his or her
24family.
25 An order shall be entered as to a minor only if the court
26finds by clear and convincing evidence that the change is

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1necessary to serve the best interest of the child. In
2determining the best interest of a minor child under this
3Section, the court shall consider all relevant factors,
4including:
5 (1) The wishes of the child's parents and any person
6 acting as a parent who has physical custody of the child.
7 (2) The wishes of the child and the reasons for those
8 wishes. The court may interview the child in chambers to
9 ascertain the child's wishes with respect to the change of
10 name. Counsel shall be present at the interview unless
11 otherwise agreed upon by the parties. The court shall cause
12 a court reporter to be present who shall make a complete
13 record of the interview instantaneously to be part of the
14 record in the case.
15 (3) The interaction and interrelationship of the child
16 with his or her parents or persons acting as parents who
17 have physical custody of the child, step-parents,
18 siblings, step-siblings, or any other person who may
19 significantly affect the child's best interest.
20 (4) The child's adjustment to his or her home, school,
21 and community.
22 (d) If it appears to the court that the conditions and
23requirements under this Article have been complied with and
24that there is no reason why the prayer should not be granted,
25the court, by an order to be entered of record, may direct and
26provide that the name of that person be changed in accordance

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1with the prayer in the petition. If the circuit court orders
2that a name change be granted to a person who has been
3adjudicated or convicted of a felony or misdemeanor offense
4under the laws of this State or any other state for which a
5pardon has not been granted, or has an arrest for which a
6charge has not been filed or a pending charge on a felony or
7misdemeanor offense, a copy of the order, including a copy of
8each applicable access and review response, shall be forwarded
9to the Department of State Police. The Department of State
10Police shall update any criminal history transcript or offender
11registration of each person 18 years of age or older in the
12order to include the change of name as well as his or her
13former name.
14(Source: P.A. 94-944, eff. 1-1-07.)
15 (735 ILCS 5/21-102) (from Ch. 110, par. 21-102)
16 Sec. 21-102. Petition; update criminal history transcript.
17 (a) The petition shall set forth the name then held, the
18name sought to be assumed, the residence of the petitioner, the
19length of time the petitioner has resided in this State, and
20the state or country of the petitioner's nativity or supposed
21nativity. The petition shall include a statement, verified
22under oath as provided under Section 1-109 of this Code,
23whether or not the petitioner or any other person 18 years of
24age or older who will be subject to a change of name under the
25petition if granted: (1) has been adjudicated or convicted of a

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1felony or misdemeanor offense under the laws of this State or
2any other state for which a pardon has not been granted; or (2)
3has an arrest for which a charge has not been filed or a
4pending charge on a felony or misdemeanor offense. The petition
5shall be signed by the person petitioning or, in case of
6minors, by the parent or guardian having the legal custody of
7the minor. The petition shall be verified by the affidavit of
8some credible person.
9 (b) If the statement provided under subsection (a) of this
10Section indicates the petitioner or any other person 18 years
11of age or older who will be subject to a change of name under
12the petition, if granted, has been adjudicated or convicted of
13a felony or misdemeanor offense under the laws of this State or
14any other state for which a pardon has not been granted, or has
15an arrest for which a charge has not been filed or a pending
16charge on a felony or misdemeanor offense, the State's Attorney
17may request the court to or the court may on its own motion,
18require the person, prior to a hearing on the petition, to
19initiate an update of his or her criminal history transcript
20with the Department of State Police. The Department shall allow
21a person to use the Access and Review process, established by
22rule in the Department, for this purpose. Upon completion of
23the update of the criminal history transcript, the petitioner
24shall file confirmation of each update with the court, which
25shall seal the records from disclosure outside of court
26proceedings on the petition.

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1(Source: P.A. 87-409.)
2 (735 ILCS 5/21-102.5 new)
3 Sec. 21-102.5. Notice; objection.
4 (a) The circuit court clerk shall promptly serve a copy of
5the petition on the State's Attorney and the Department of
6State Police.
7 (b) The State's Attorney may file an objection to the
8petition. All objections shall be in writing, shall be filed
9with the circuit court clerk, and shall state with specificity
10the basis of the objection. Objections to a petition must be
11filed within 30 days of the date of service of the petition
12upon the State's Attorney.
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