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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2018-08-23 - Public Act . . . . . . . . . 100-1038 [HB2723 Detail]

Download: Illinois-2017-HB2723-Engrossed.html

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

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pardoned may not file a petition for a name change until 10
years have passed since completion and discharge from his or
her sentence. A person who 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, or 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
who has not been pardoned shall not be permitted to file a
petition for a name change in the courts of Illinois. A
petitioner may include his or her spouse and adult unmarried
children, with their consent, and his or her minor children
where it appears to the court that it is for their best
interest, in the petition and prayer, and the court's order
shall then include the spouse and children. Whenever any minor
has resided in the family of any person for the space of 3
years and has been recognized and known as an adopted child in
the family of that person, the application herein provided for
may be made by the person having that minor in his or her
family.
An order shall be entered as to a minor only if the court
finds by clear and convincing evidence that the change is
necessary to serve the best interest of the child. In

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

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resides.
(b) The State's Attorney may file an objection if the
petitioner:
(1) is the defendant in a pending criminal offense
charge;
(2) 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, or felony or misdemeanor
indecent solicitation of an adult; or
(3) has been convicted of any other offense for which
he or she is required to register under the Sex Offender
Registration Act in this State or any other state; and
(4) has not been pardoned for the conviction of an
offense listed under paragraph (2) or (3) of this
subsection (b).
(c) All objections shall be in writing, shall be filed with
the circuit court clerk, and shall state with specificity the
basis of the objection. Objections to a petition must be filed
within 30 days of the date of service of the petition upon the
State's Attorney.
(735 ILCS 5/21-103) (from Ch. 110, par. 21-103)
Sec. 21-103. Notice by publication.

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(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
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.
(c) The Director of State Police or his or her designee may

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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. The court may
waive the publication requirement under subsection (a) and
order that the record of the proceeding be designated
confidential if the court finds good cause for entering such an
order. Good cause includes, but is not limited to, 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.
(Source: P.A. 94-147, eff. 1-1-06.)
(735 ILCS 5/21-106 new)
Sec. 21-106. Sealing.
The court may order that the records of the clerk of the
circuit court of a proceeding under this Article be sealed
until further order of the court upon good cause shown. Good
cause includes, but is not limited to, evidence that
availability of the records of the proceeding will place the
petitioner or another person in physical danger; evidence that
the petitioner or another person has been the victim of
stalking, domestic violence, or assaultive behavior; or
evidence of certification by the Department of State Police

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