Bill Text: IL HB2559 | 2017-2018 | 100th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Code of Civil Procedure. Makes a technical change in Section on petition to change name.
Spectrum: Bipartisan Bill
Status: (Passed) 2017-08-25 - Public Act . . . . . . . . . 100-0370 [HB2559 Detail]
Download: Illinois-2017-HB2559-Engrossed.html
Bill Title: Amends the Code of Civil Procedure. Makes a technical change in Section on petition to change name.
Spectrum: Bipartisan Bill
Status: (Passed) 2017-08-25 - Public Act . . . . . . . . . 100-0370 [HB2559 Detail]
Download: Illinois-2017-HB2559-Engrossed.html
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1 | AN ACT concerning civil procedure.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Code of Civil Procedure is amended by | ||||||
5 | changing Sections 21-101 and 21-102 and by adding Section | ||||||
6 | 21-102.5 as follows:
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7 | (735 ILCS 5/21-101) (from Ch. 110, par. 21-101)
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8 | Sec. 21-101. Proceedings; parties. | ||||||
9 | (a) If any person who is a resident of
this State and has | ||||||
10 | resided in this State for 6 months desires to change his
or her | ||||||
11 | name and to assume another name by which to be afterwards | ||||||
12 | called and
known, the person may file a petition in the circuit | ||||||
13 | court of the county
wherein he or she resides praying for that | ||||||
14 | relief. If it appears to the
court that the conditions | ||||||
15 | hereinafter mentioned have been complied with and
that there is | ||||||
16 | no reason why the prayer should not be granted, the court, by
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17 | an order to be entered of record, may direct and provide that | ||||||
18 | the name of
that person be changed in accordance with the | ||||||
19 | prayer in the petition. | ||||||
20 | (b) The
filing of a petition in accordance with this | ||||||
21 | Section shall be the sole and
exclusive means by which any | ||||||
22 | person committed under the laws of this State
to a penal | ||||||
23 | institution may change his or her name and assume another
name. |
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1 | However, any person convicted of a felony in this State or any | ||||||
2 | other
state
who has not been pardoned may not file a
petition | ||||||
3 | for a name change until 10 years have passed since completion | ||||||
4 | and
discharge from his or her sentence. A person who has been | ||||||
5 | convicted of identity theft, aggravated identity theft, felony | ||||||
6 | or misdemeanor criminal
sexual abuse when the victim of the | ||||||
7 | offense at the time of its commission is
under 18 years of age, | ||||||
8 | felony or misdemeanor sexual exploitation of a child, felony or | ||||||
9 | misdemeanor
indecent solicitation of a child, or felony or | ||||||
10 | misdemeanor indecent solicitation of an
adult, or any other | ||||||
11 | offense for which a person is required to register under the | ||||||
12 | Sex Offender Registration Act in this State or any other state | ||||||
13 | who has not been pardoned shall not be permitted to file a | ||||||
14 | petition for a name change in the courts of Illinois. | ||||||
15 | (c) A petitioner may include his or her
spouse
and adult | ||||||
16 | unmarried children,
with their consent, and his or her minor | ||||||
17 | children where it appears to the
court that it is for their | ||||||
18 | best interest, in the petition and prayer, and
the court's | ||||||
19 | order shall then include the spouse and children. Whenever any
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20 | minor has resided in the family of any person for the space of | ||||||
21 | 3 years
and has been recognized and known as an adopted child | ||||||
22 | in the family of
that person, the application herein provided | ||||||
23 | for may be made by the person
having that minor in his or her | ||||||
24 | family.
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25 | An order shall be entered as to a minor only if the court | ||||||
26 | finds by
clear and convincing evidence that the change is |
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1 | necessary to serve the
best interest of the child. In | ||||||
2 | determining the best interest of a minor
child under this | ||||||
3 | Section, the court shall consider all relevant factors,
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4 | including:
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5 | (1) The wishes of the child's parents and any person | ||||||
6 | acting as a parent
who has physical custody of the child.
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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.
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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
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19 | significantly affect the child's best interest.
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20 | (4) The child's adjustment to his or her home, school, | ||||||
21 | and community.
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22 | (d) If it appears to the
court that the conditions and | ||||||
23 | requirements under this Article have been complied with and
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24 | that there is no reason why the prayer should not be granted, | ||||||
25 | the court, by
an order to be entered of record, may direct and | ||||||
26 | provide that the name of
that person be changed in accordance |
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1 | with the prayer in the petition. If the circuit court orders | ||||||
2 | that a name change be granted to a person who has been | ||||||
3 | adjudicated or convicted of a felony or misdemeanor offense | ||||||
4 | under the laws of this State or any other state for which a | ||||||
5 | pardon has not been granted, or has an arrest for which a | ||||||
6 | charge has not been filed or a pending charge on a felony or | ||||||
7 | misdemeanor offense, a copy of the order, including a copy of | ||||||
8 | each applicable access and review response, shall be forwarded | ||||||
9 | to the Department of State Police. The Department of State | ||||||
10 | Police shall update any criminal history transcript or offender | ||||||
11 | registration of each person 18 years of age or older in the | ||||||
12 | order to include the change of name as well as his or her | ||||||
13 | former name. | ||||||
14 | (Source: P.A. 94-944, eff. 1-1-07.)
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15 | (735 ILCS 5/21-102) (from Ch. 110, par. 21-102)
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16 | Sec. 21-102. Petition ; update criminal history transcript . | ||||||
17 | (a) The petition shall set forth the name then held,
the | ||||||
18 | name sought to be assumed, the residence of the petitioner, the | ||||||
19 | length
of time the petitioner has resided in this State, and | ||||||
20 | the state or country
of the petitioner's nativity or supposed | ||||||
21 | nativity. The petition shall include a statement, verified | ||||||
22 | under oath as provided under Section 1-109 of this Code, | ||||||
23 | whether or not the petitioner or any other person 18 years of | ||||||
24 | age or older who will be subject to a change of name under the | ||||||
25 | petition if granted: (1) has been adjudicated or convicted of a |
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1 | felony or misdemeanor offense under the laws of this State or | ||||||
2 | any other state for which a pardon has not been granted; or (2) | ||||||
3 | has an arrest for which a charge has not been filed or a | ||||||
4 | pending charge on a felony or misdemeanor offense. The petition | ||||||
5 | shall be
signed by the person petitioning or, in case of | ||||||
6 | minors, by the parent or
guardian having the legal custody of | ||||||
7 | the minor. The petition shall be
verified by the affidavit of | ||||||
8 | some credible person.
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9 | (b) If the statement provided under subsection (a) of this | ||||||
10 | Section indicates the petitioner or any other person 18 years | ||||||
11 | of age or older who will be subject to a change of name under | ||||||
12 | the petition, if granted, has been adjudicated or convicted of | ||||||
13 | a felony or misdemeanor offense under the laws of this State or | ||||||
14 | any other state for which a pardon has not been granted, or has | ||||||
15 | an arrest for which a charge has not been filed or a pending | ||||||
16 | charge on a felony or misdemeanor offense, the State's Attorney | ||||||
17 | may request the court to or the court may on its own motion, | ||||||
18 | require the person, prior to a hearing on the petition, to | ||||||
19 | initiate an update of his or her criminal history transcript | ||||||
20 | with the Department of State Police. The Department shall allow | ||||||
21 | a person to use the Access and Review process, established by | ||||||
22 | rule in the Department, for this purpose. Upon completion of | ||||||
23 | the update of the criminal history transcript, the petitioner | ||||||
24 | shall file confirmation of each update with the court, which | ||||||
25 | shall seal the records from disclosure outside of court | ||||||
26 | proceedings on the petition. |
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1 | (Source: P.A. 87-409.)
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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 | ||||||
5 | the petition on the State's Attorney and the Department of | ||||||
6 | State Police. | ||||||
7 | (b) The State's Attorney
may file an objection to the | ||||||
8 | petition. All objections shall be in writing, shall be filed | ||||||
9 | with the circuit court clerk, and shall state with specificity | ||||||
10 | the basis of the objection. Objections to a petition must be | ||||||
11 | filed within 30 days of the date of service of the petition | ||||||
12 | upon the State's Attorney.
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