Rep. Jerry L. Mitchell
Filed: 3/15/2005
 
 

 




 

 		












09400HB2920ham001

LRB094 05218 LCB 42109 a






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AMENDMENT TO HOUSE BILL 2920 




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    AMENDMENT NO. ______. Amend House Bill 2920 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Code of Civil Procedure is amended  by 
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changing Section 21-103 as follows:
 



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    (735 ILCS 5/21-103)  (from Ch. 110, par. 21-103)



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    Sec. 21-103. Notice by publication. 

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    (a) Previous notice shall be given of the intended 
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application by
publishing a notice thereof in some newspaper 
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published in the municipality
in which the person resides if 
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the municipality is in a county with a
population under 
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2,000,000,  or if the person does not reside
in a municipality 
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in a county with a population under 2,000,000,
or if no 
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newspaper is published in the municipality or if the person 
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resides
in a county with a population of 2,000,000 or more,  
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then in some newspaper
published in the county where the person 
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resides, or if no newspaper
is published in that county, then 
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in some convenient newspaper published
in this State.  The 
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notice shall be inserted for 3 consecutive weeks  after filing, 
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the
first insertion to be at least 6 weeks before the return 
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day upon which
the petition is to be heard
filed, and shall be 
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signed by the petitioner or, in
case of a minor, the minor's 
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parent or guardian, and shall set
forth the return day of court 
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on which the petition is to be heard
filed and the
name sought 
 


 






09400HB2920ham001
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LRB094 05218 LCB 42109 a




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to be assumed.

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    (b) The publication requirement of subsection (a) shall not 
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be
required in any application for a change of name involving a 
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minor if,
before making judgment under this Article, reasonable 
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notice and opportunity
to be heard is given to any parent whose 
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parental rights have not been
previously terminated and to any 
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person who has physical custody of the
child.  If any of these 
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persons are outside this State, notice and
opportunity to be 
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heard shall be given under Section 21-104.

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    (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 
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notice and publication requirements of
this Section be waived 
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if the Director or his or her designee certifies that
the name 
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change being sought is intended to protect a witness during and

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following a criminal investigation or proceeding.

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(Source: P.A. 91-62, eff. 1-1-00.)".