Bill Text: IL HB2723 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Code of Civil Procedure. In provisions concerning change of name, provides that a person interested in the matter shall make known any objection to the granting of the petition for change of name by filing a written objection stating the reasons for the objection with the court at least 2 court days before the matter is scheduled to be heard and by appearing in court at the hearing to show cause why the petition for change of name should not be granted. Provides that if no written objection is timely filed, the court may grant the petition. Deletes language restricting or prohibiting the filing of a petition for change of name by persons convicted of certain crimes. Provides instead that if the petitioner has been convicted of identity theft, aggravated identity theft, felony or misdemeanor criminal sexual abuse when the victim of the offense at the time of its commission is under 18 years of age, felony or misdemeanor sexual exploitation of a child, felony or misdemeanor indecent solicitation of a child, felony or misdemeanor indecent solicitation of an adult, or any other offense for which a person is required to register under the Sex Offender Registration Act in this State or any other state, and the petitioner has not been pardoned, the clerk shall notify the Illinois State Police so that they may have the opportunity to file a timely objection to the petition for change of name. Provides that the court may waive specified publication requirements and order that the record of the proceeding be designated confidential if the court finds good cause for entering such an order, including evidence that publication or availability of a record of the proceeding will place the petitioner or another individual in physical danger and evidence that the petitioner or another individual has been the victim of stalking or assaultive behavior.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed) 2017-05-22 - Senate Committee Amendment No. 2 Referred to Assignments [HB2723 Detail]

Download: Illinois-2017-HB2723-Engrossed.html



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1 AN ACT concerning civil law.
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 21-103 and by adding Sections
621-102.5 and 21-106 as follows:
7 (735 ILCS 5/21-101) (from Ch. 110, par. 21-101)
8 Sec. 21-101. Proceedings; parties. If any person who is a
9resident of this State and has resided in this State for 6
10months desires to change his or her name and to assume another
11name by which to be afterwards called and known, the person may
12file a petition in the circuit court of the county wherein he
13or she resides praying for that relief. If it appears to the
14court that the conditions hereinafter mentioned have been
15complied with and that there is no reason why the prayer should
16not be granted, the court, by an order to be entered of record,
17may direct and provide that the name of that person be changed
18in accordance with the prayer in the petition. The filing of a
19petition in accordance with this Section shall be the sole and
20exclusive means by which any person committed under the laws of
21this State to a penal institution may change his or her name
22and assume another name. However, any person convicted of a
23felony in this State or any other state who has not been

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1pardoned may not file a petition for a name change until 10
2years have passed since completion and discharge from his or
3her sentence. A person who has been convicted of identity
4theft, aggravated identity theft, felony or misdemeanor
5criminal sexual abuse when the victim of the offense at the
6time of its commission is under 18 years of age, felony or
7misdemeanor sexual exploitation of a child, felony or
8misdemeanor indecent solicitation of a child, or felony or
9misdemeanor indecent solicitation of an adult, or any other
10offense for which a person is required to register under the
11Sex Offender Registration Act in this State or any other state
12who has not been pardoned shall not be permitted to file a
13petition for a name change in the courts of Illinois. A
14petitioner may include his or her spouse and adult unmarried
15children, with their consent, and his or her minor children
16where it appears to the court that it is for their best
17interest, in the petition and prayer, and the court's order
18shall then include the spouse and children. Whenever any minor
19has resided in the family of any person for the space of 3
20years and has been recognized and known as an adopted child in
21the family of that person, the application herein provided for
22may be made by the person having that minor in his or her
23family.
24 An order shall be entered as to a minor only if the court
25finds by clear and convincing evidence that the change is
26necessary to serve the best interest of the child. In

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1determining the best interest of a minor child under this
2Section, the court shall consider all relevant factors,
3including:
4 (1) The wishes of the child's parents and any person
5 acting as a parent who has physical custody of the child.
6 (2) The wishes of the child and the reasons for those
7 wishes. The court may interview the child in chambers to
8 ascertain the child's wishes with respect to the change of
9 name. Counsel shall be present at the interview unless
10 otherwise agreed upon by the parties. The court shall cause
11 a court reporter to be present who shall make a complete
12 record of the interview instantaneously to be part of the
13 record in the case.
14 (3) The interaction and interrelationship of the child
15 with his or her parents or persons acting as parents who
16 have physical custody of the child, step-parents,
17 siblings, step-siblings, or any other person who may
18 significantly affect the child's best interest.
19 (4) The child's adjustment to his or her home, school,
20 and community.
21(Source: P.A. 94-944, eff. 1-1-07.)
22 (735 ILCS 5/21-102.5 new)
23 Sec. 21-102.5. Notice; objection.
24 (a) The circuit court clerk shall promptly serve a copy of
25the petition on the State's Attorney where the petitioner

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1resides.
2 (b) The State's Attorney may file an objection if the
3petitioner:
4 (1) is the defendant in a pending criminal offense
5 charge;
6 (2) has been convicted of identity theft, aggravated
7 identity theft, felony or misdemeanor criminal sexual
8 abuse when the victim of the offense at the time of its
9 commission is under 18 years of age, felony or misdemeanor
10 sexual exploitation of a child, felony or misdemeanor
11 indecent solicitation of a child, or felony or misdemeanor
12 indecent solicitation of an adult; or
13 (3) has been convicted of any other offense for which
14 he or she is required to register under the Sex Offender
15 Registration Act in this State or any other state; and
16 (4) has not been pardoned for the conviction of an
17 offense listed under paragraph (2) or (3) of this
18 subsection (b).
19 (c) All objections shall be in writing, shall be filed with
20the circuit court clerk, and shall state with specificity the
21basis of the objection. Objections to a petition must be filed
22within 30 days of the date of service of the petition upon the
23State's Attorney.
24 (735 ILCS 5/21-103) (from Ch. 110, par. 21-103)
25 Sec. 21-103. Notice by publication.

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1 (a) Previous notice shall be given of the intended
2application by publishing a notice thereof in some newspaper
3published in the municipality in which the person resides if
4the municipality is in a county with a population under
52,000,000, or if the person does not reside in a municipality
6in a county with a population under 2,000,000, or if no
7newspaper is published in the municipality or if the person
8resides in a county with a population of 2,000,000 or more,
9then in some newspaper published in the county where the person
10resides, or if no newspaper is published in that county, then
11in some convenient newspaper published in this State. The
12notice shall be inserted for 3 consecutive weeks after filing,
13the first insertion to be at least 6 weeks before the return
14day upon which the petition is to be heard, and shall be signed
15by the petitioner or, in case of a minor, the minor's parent or
16guardian, and shall set forth the return day of court on which
17the petition is to be heard and the name sought to be assumed.
18 (b) The publication requirement of subsection (a) shall not
19be required in any application for a change of name involving a
20minor if, before making judgment under this Article, reasonable
21notice and opportunity to be heard is given to any parent whose
22parental rights have not been previously terminated and to any
23person who has physical custody of the child. If any of these
24persons are outside this State, notice and opportunity to be
25heard shall be given under Section 21-104.
26 (c) The Director of State Police or his or her designee may

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1apply to the circuit court for an order directing that the
2notice and publication requirements of this Section be waived
3if the Director or his or her designee certifies that the name
4change being sought is intended to protect a witness during and
5following a criminal investigation or proceeding. The court may
6waive the publication requirement under subsection (a) and
7order that the record of the proceeding be designated
8confidential if the court finds good cause for entering such an
9order. Good cause includes, but is not limited to, evidence
10that publication or availability of a record of the proceeding
11will place the petitioner or another individual in physical
12danger and evidence that the petitioner or another individual
13has been the victim of stalking or assaultive behavior.
14(Source: P.A. 94-147, eff. 1-1-06.)
15 (735 ILCS 5/21-106 new)
16 Sec. 21-106. Sealing.
17 The court may order that the records of the clerk of the
18circuit court of a proceeding under this Article be sealed
19until further order of the court upon good cause shown. Good
20cause includes, but is not limited to, evidence that
21availability of the records of the proceeding will place the
22petitioner or another person in physical danger; evidence that
23the petitioner or another person has been the victim of
24stalking, domestic violence, or assaultive behavior; or
25evidence of certification by the Department of State Police

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1under subsection (c) of Section 21-103 of this Article of the
2name change to protect a witness during or following a criminal
3investigation or proceeding.
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