97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2513

 

Introduced 10/26/2011, by Sen. Wm. Sam McCann

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/21-101  from Ch. 110, par. 21-101
735 ILCS 5/21-102  from Ch. 110, par. 21-102

    Amends the Code of Civil Procedure. In provisions concerning the procedure and petition used by a person to change his or her name, adds the requirement that the person be a United States citizen. Provides that this additional requirement applies to petitions pending on or filed on or after the effective date. Effective immediately.


LRB097 14079 AJO 58742 b

 

 

A BILL FOR

 

SB2513LRB097 14079 AJO 58742 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 Sections 21-101 and 21-102 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, and is a United States citizen desires to change his or
10her name and to assume another name by which to be afterwards
11called and known, the person may file a petition in the circuit
12court of the county wherein he or she resides praying for that
13relief. If it appears to the court that the conditions
14hereinafter mentioned have been complied with and that there is
15no reason why the prayer should not be granted, the court, by
16an order to be entered of record, may direct and provide that
17the name of that person be changed in accordance with the
18prayer in the petition. The filing of a petition in accordance
19with this Section shall be the sole and exclusive means by
20which any person committed under the laws of this State to a
21penal institution may change his or her name and assume another
22name. However, any person convicted of a felony in this State
23or any other state who has not been pardoned may not file a

 

 

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1petition for a name change until 10 years have passed since
2completion and discharge from his or her sentence. A person who
3has been convicted of identity theft, aggravated identity
4theft, felony or misdemeanor criminal sexual abuse when the
5victim of the offense at the time of its commission is under 18
6years of age, felony or misdemeanor sexual exploitation of a
7child, felony or misdemeanor indecent solicitation of a child,
8or felony or misdemeanor indecent solicitation of an adult, or
9any other offense for which a person is required to register
10under the Sex Offender Registration Act in this State or any
11other state who has not been pardoned shall not be permitted to
12file a petition 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.
20The changes made by this amendatory Act of the 97th General
21Assembly apply to any petition pending on or filed on or after
22the effective date of this amendatory Act of the 97th General
23Assembly.
24(Source: P.A. 94-944, eff. 1-1-07.)
 
25    (735 ILCS 5/21-102)  (from Ch. 110, par. 21-102)

 

 

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1    Sec. 21-102. Petition. The petition shall set forth the
2name then held, the name sought to be assumed, the residence of
3the petitioner, the length of time the petitioner has resided
4in this State, and the state or country of the petitioner's
5nativity or supposed nativity, and that the petitioner is a
6United States citizen. The petition shall be signed by the
7person petitioning or, in case of minors, by the parent or
8guardian having the legal custody of the minor. The petition
9shall be verified by the affidavit of some credible person.
10    The changes made by this amendatory Act of the 97th General
11Assembly apply to any petition pending on or filed on or after
12the effective date of this amendatory Act of the 97th General
13Assembly.
14(Source: P.A. 87-409.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.