99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3628

 

Introduced , by Rep. Kelly M. Cassidy

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/21-101  from Ch. 110, par. 21-101

    Amends the Code of Civil Procedure. Makes a technical change in a Section concerning change of name.


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A BILL FOR

 

HB3628LRB099 08750 HEP 28918 b

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

 

 

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

 

 

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1Section, the court shall consider all relevant factors,
2including:
3        (1) The wishes of the child's parents and any person
4    acting as a parent who has physical custody of the child.
5        (2) The wishes of the child and the reasons for those
6    wishes. The court may interview the child in chambers to
7    ascertain the child's wishes with respect to the change of
8    name. Counsel shall be present at the interview unless
9    otherwise agreed upon by the parties. The court shall cause
10    a court reporter to be present who shall make a complete
11    record of the interview instantaneously to be part of the
12    record in the case.
13        (3) The interaction and interrelationship of the child
14    with his or her parents or persons acting as parents who
15    have physical custody of the child, step-parents,
16    siblings, step-siblings, or any other person who may
17    significantly affect the child's best interest.
18        (4) The child's adjustment to his or her home, school,
19    and community.
20(Source: P.A. 94-944, eff. 1-1-07.)