HB2723ham001 100TH GENERAL ASSEMBLY

Rep. Kelly M. Cassidy

Filed: 3/22/2017

10000HB2723ham001 LRB100 08926 MRW 24044 a

AMENDMENT TO HOUSE BILL 2723

AMENDMENT NO. ______. Amend House Bill 2723 as follows:

on page 1, in lines 5 and 6, by replacing "Section 21-103.5" with "Sections 21-102.5 and 21-106"; and

by replacing line 18 on page 1 through line 3 on page 2 with "in accordance with the prayer in the petition. The filing of a petition in accordance with this"; and

on page 4, by inserting immediately below line 2 the following:

"(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 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."; and

by replacing line 20 on page 5 through line 9 on page 6 with the following:

"(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 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.".