Public Act 100-0370
 
HB2559 EnrolledLRB100 10923 MRW 21160 b


  
    AN ACT concerning civil procedure.
  
 
    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 21-102 and by adding Section 
21-102.5 as follows:
 



    (735 ILCS 5/21-101)  (from Ch. 110, par. 21-101)



    Sec. 21-101. Proceedings; parties. 
    (a) 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.
    (b)  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 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.
    (c) 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 
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.

    (d) If it appears to the
court that the conditions and 
requirements under this Article  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. If the circuit court orders 
that a name change be granted to a person who has been 
adjudicated or convicted of a felony or misdemeanor offense 
under the laws of this State or any other state for which a 
pardon has not been granted, or has an arrest for which a 
charge has not been filed or a pending charge on a felony or 
misdemeanor offense, a copy of the order, including a copy of 
each applicable access and review response, shall be forwarded 
to the Department of State Police. The Department of State 
Police shall update any criminal history transcript or offender 
registration of each person 18 years of age or older in the  
order to include the change of name as well as his or her 
former name. 
(Source: P.A. 94-944, eff. 1-1-07.)

 



    (735 ILCS 5/21-102)  (from Ch. 110, par. 21-102)



    Sec. 21-102. Petition; update criminal history transcript. 
    (a) The petition shall set forth the name then held,
the 
name sought to be assumed, the residence of the petitioner, the 
length
of time the petitioner has resided in this State, and 
the state or country
of the petitioner's nativity or supposed 
nativity.  The petition shall include a statement, verified  
under oath as provided under Section 1-109 of this Code, 
whether or not the petitioner or any other person 18 years of 
age or older who will be subject to a change of name under the 
petition if granted: (1) has been adjudicated or convicted of a 
felony or misdemeanor offense under the laws of this State or 
any other state for which a pardon has not been granted; or (2) 
has an arrest for which a charge has not been filed or a 
pending charge on a felony or misdemeanor offense. The petition 
shall be
signed by the person petitioning or, in case of 
minors, by the parent or
guardian having the legal custody of 
the minor.  The petition shall be
verified by the affidavit of 
some credible person.

    (b) If the statement provided under subsection (a) of this 
Section indicates the petitioner or any other person 18 years 
of age or older who will be subject to a change of name under 
the petition, if granted, has been adjudicated or convicted of 
a felony or misdemeanor offense under the laws of this State or 
any other state for which a pardon has not been granted, or has 
an arrest for which a charge has not been filed or a pending 
charge on a felony or misdemeanor offense, the State's Attorney 
may request the court to or the court may on its own motion, 
require the person, prior   to a hearing on the petition, to 
initiate an update of his or her criminal history transcript 
with the Department of State Police. The Department shall allow 
a person to use the Access and Review process, established by 
rule in the Department, for this purpose. Upon completion of 
the update of the criminal history transcript, the petitioner  
shall file confirmation of each update with the court, which 
shall seal the records from disclosure outside of court 
proceedings on the petition. 
(Source: P.A. 87-409.)

 
    (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 and the Department of 
State Police.
    (b) The State's Attorney



may file an objection to the 
petition. 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.