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Sen. Melinda Bush
Filed: 4/11/2018
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| 1 | | AMENDMENT TO SENATE BILL 574
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 574 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Code of Civil Procedure is amended by |
| 5 | | changing Section 21-103 as follows:
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| 6 | | (735 ILCS 5/21-103) (from Ch. 110, par. 21-103)
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| 7 | | Sec. 21-103. Notice by publication.
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| 8 | | (a) Previous notice shall be given of the intended |
| 9 | | application by
publishing a notice thereof in some newspaper |
| 10 | | published in the municipality
in which the person resides if |
| 11 | | the municipality is in a county with a
population under |
| 12 | | 2,000,000, or if the person does not reside
in a municipality |
| 13 | | in a county with a population under 2,000,000,
or if no |
| 14 | | newspaper is published in the municipality or if the person |
| 15 | | resides
in a county with a population of 2,000,000 or more, |
| 16 | | then in some newspaper
published in the county where the person |
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| 1 | | resides, or if no newspaper
is published in that county, then |
| 2 | | in some convenient newspaper published
in this State. The |
| 3 | | notice shall be inserted for 3 consecutive weeks after filing, |
| 4 | | the
first insertion to be at least 6 weeks before the return |
| 5 | | day upon which
the petition is to be heard, and shall be signed |
| 6 | | by the petitioner or, in
case of a minor, the minor's parent or |
| 7 | | guardian, and shall set
forth the return day of court on which |
| 8 | | the petition is to be heard and the
name sought to be assumed.
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| 9 | | (b) The publication requirement of subsection (a) shall not |
| 10 | | be
required in any application for a change of name involving a |
| 11 | | minor if,
before making judgment under this Article, reasonable |
| 12 | | notice and opportunity
to be heard is given to any parent whose |
| 13 | | parental rights have not been
previously terminated and to any |
| 14 | | person who has physical custody of the
child. If any of these |
| 15 | | persons are outside this State, notice and
opportunity to be |
| 16 | | heard shall be given under Section 21-104. |
| 17 | | (b-5) The publication requirement of subsection (a) is not
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| 18 | | required in any application for a change of name involving a |
| 19 | | person who files with the court a written declaration, made |
| 20 | | under penalty of perjury by a licensed health care
professional |
| 21 | | or licensed mental health professional who has treated or |
| 22 | | evaluated the person seeking a change of name, stating that the |
| 23 | | person has an intersex condition or has undergone treatment |
| 24 | | that is clinically appropriate for that individual for the |
| 25 | | purpose of gender transition, based on contemporary medical |
| 26 | | standards.
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| 1 | | (c) The Director of State Police or his or her designee may |
| 2 | | apply to the
circuit court
for an order directing that the |
| 3 | | notice and publication requirements of
this Section be waived |
| 4 | | if the Director or his or her designee certifies that
the name |
| 5 | | change being sought is intended to protect a witness during and
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| 6 | | following a criminal investigation or proceeding.
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| 7 | | (d) The maximum rate charged for publication of a notice |
| 8 | | under this Section may not exceed the lowest classified rate |
| 9 | | paid by commercial users for comparable space in the newspaper |
| 10 | | in which the notice appears and shall include all cash |
| 11 | | discounts, multiple insertion discounts, and similar benefits |
| 12 | | extended to the newspaper's regular customers. |
| 13 | | (Source: P.A. 100-520, eff. 1-1-18 (see Section 5 of P.A. |
| 14 | | 100-565 for the effective date of P.A. 100-520).)".
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