Illinois General Assembly - Full Text of HB5183
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Full Text of HB5183  101st General Assembly

HB5183 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5183

 

Introduced , by Rep. Kelly M. Cassidy

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 148/65
730 ILCS 150/10  from Ch. 38, par. 230
730 ILCS 154/60
735 ILCS 5/21-101  from Ch. 110, par. 21-101
735 ILCS 5/21-102  from Ch. 110, par. 21-102
735 ILCS 5/21-102.5
735 ILCS 5/21-103  from Ch. 110, par. 21-103

    Amends the Change of Name Article of the Code of Civil Procedure. Replaces existing language prohibiting persons with certain criminal convictions from petitioning for a name change with language providing that: a person who has been convicted of any offense for which a person is required to register under the Sex Offender Registration Act, the Murderer and Violent Offender Against Youth Registration Act, or the Arsonist Registration Act and who has not been pardoned is not permitted to file a petition for a name change during the period that the person is required to register, unless that person verifies under oath that the petition for the name change is due to marriage, transgender status, religious beliefs, or status as a victim of trafficking; and a person who has been convicted of a felony and whose sentence has not been completed or discharged is not permitted to file a petition for a name change in the courts of this State unless that person is pardoned for the offense. Provides that a person will not face a felony charge if the person's request for legal name change is denied without proof of perjury. Requires a warning to appear on a name change petition describing the penalties for seeking a prohibited name change. Makes various changes to the criteria for objections by a State's Attorney to a name change petition. Provides that a court may order that the record of the name change proceeding be designated confidential and waive the publication requirement if the court finds good cause for entering the order. Makes other changes. Makes conforming changes in the Arsonist Registration Act, the Sex Offender Registration Act, and the Murderer and Violent Offender Against Youth Registration Act.


LRB101 16307 LNS 70246 b

 

 

A BILL FOR

 

HB5183LRB101 16307 LNS 70246 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 Arsonist Registration Act is amended by
5changing Section 65 as follows:
 
6    (730 ILCS 148/65)
7    Sec. 65. Penalty. Any person who is required to register
8under this Act who violates any of the provisions of this Act
9and any person who is required to register under this Act who
10seeks to change his or her name under Article XXI of the Code
11of Civil Procedure is guilty of a Class 4 felony, unless, as
12provided under Section 21-101 of the Code of Civil Procedure,
13that person verifies under oath that the petition for the name
14change is due to marriage, transgender status, religious
15beliefs, or status as a victim of trafficking. Any person who
16is required to register under this Act who knowingly or
17wilfully gives material information required by this Act that
18is false is guilty of a Class 3 felony. Any person convicted of
19a violation of any provision of this Act shall, in addition to
20any other penalty required by law, be required to serve a
21minimum period of 7 days confinement in the local county jail.
22The court shall impose a mandatory minimum fine of $500 for
23failure to comply with any provision of this Act. These fines

 

 

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1shall be deposited in the Arsonist Registration Fund. An
2arsonist who violates any provision of this Act may be tried in
3any Illinois county where the arsonist can be located.
4(Source: P.A. 99-78, eff. 7-20-15.)
 
5    Section 10. The Sex Offender Registration Act is amended by
6changing Section 10 as follows:
 
7    (730 ILCS 150/10)  (from Ch. 38, par. 230)
8    Sec. 10. Penalty.
9    (a) Any person who is required to register under this
10Article who violates any of the provisions of this Article and
11any person who is required to register under this Article who
12seeks to change his or her name under Article XXI of the Code
13of Civil Procedure is guilty of a Class 3 felony. Any person
14who is convicted for a violation of this Act for a second or
15subsequent time is guilty of a Class 2 felony, unless, as
16provided under Section 21-101 of the Code of Civil Procedure,
17that person verifies under oath that the petition for the name
18change is due to marriage, transgender status, religious
19beliefs, or status as a victim of trafficking. Any person who
20is required to register under this Article who knowingly or
21willfully gives material information required by this Article
22that is false is guilty of a Class 3 felony. Any person
23convicted of a violation of any provision of this Article
24shall, in addition to any other penalty required by law, be

 

 

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1required to serve a minimum period of 7 days confinement in the
2local county jail. The court shall impose a mandatory minimum
3fine of $500 for failure to comply with any provision of this
4Article. These fines shall be deposited in the Offender
5Registration Fund. Any sex offender, as defined in Section 2 of
6this Act, or sexual predator who violates any provision of this
7Article may be arrested and tried in any Illinois county where
8the sex offender can be located. The local police department or
9sheriff's office is not required to determine whether the
10person is living within its jurisdiction.
11    (b) Any person, not covered by privilege under Part 8 of
12Article VIII of the Code of Civil Procedure or the Illinois
13Supreme Court's Rules of Professional Conduct, who has reason
14to believe that a sexual predator is not complying, or has not
15complied, with the requirements of this Article and who, with
16the intent to assist the sexual predator in eluding a law
17enforcement agency that is seeking to find the sexual predator
18to question the sexual predator about, or to arrest the sexual
19predator for, his or her noncompliance with the requirements of
20this Article is guilty of a Class 3 felony if he or she:
21        (1) provides false information to the law enforcement
22    agency having jurisdiction about the sexual predator's
23    noncompliance with the requirements of this Article, and,
24    if known, the whereabouts of the sexual predator;
25        (2) harbors, or attempts to harbor, or assists another
26    person in harboring or attempting to harbor, the sexual

 

 

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1    predator; or
2        (3) conceals or attempts to conceal, or assists another
3    person in concealing or attempting to conceal, the sexual
4    predator.
5    (c) Subsection (b) does not apply if the sexual predator is
6incarcerated in or is in the custody of a State correctional
7facility, a private correctional facility, a county or
8municipal jail, a State mental health facility or a State
9treatment and detention facility, or a federal correctional
10facility.
11    (d) Subsections (a) and (b) do not apply if the sex
12offender accurately registered his or her Internet protocol
13address under this Act, and the address subsequently changed
14without his or her knowledge or intent.
15(Source: P.A. 101-571, eff. 8-23-19.)
 
16    Section 15. The Murderer and Violent Offender Against Youth
17Registration Act is amended by changing Section 60 as follows:
 
18    (730 ILCS 154/60)
19    Sec. 60. Penalty. Any person who is required to register
20under this Act who violates any of the provisions of this Act
21and any person who is required to register under this Act who
22seeks to change his or her name under Article XXI of the Code
23of Civil Procedure is guilty of a Class 3 felony, unless, as
24provided under Section 21-101 of the Code of Civil Procedure,

 

 

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1that person verifies under oath that the petition for the name
2change is due to marriage, transgender status, religious
3beliefs, or status as a victim of trafficking. Any person who
4is convicted for a violation of this Act for a second or
5subsequent time is guilty of a Class 2 felony. Any person who
6is required to register under this Act who knowingly or
7willfully gives material information required by this Act that
8is false is guilty of a Class 3 felony. Any person convicted of
9a violation of any provision of this Act shall, in addition to
10any other penalty required by law, be required to serve a
11minimum period of 7 days confinement in the local county jail.
12The court shall impose a mandatory minimum fine of $500 for
13failure to comply with any provision of this Act. These fines
14shall be deposited into the Offender Registration Fund. Any
15violent offender against youth who violates any provision of
16this Act may be arrested and tried in any Illinois county where
17the violent offender against youth can be located. The local
18police department or sheriff's office is not required to
19determine whether the person is living within its jurisdiction.
20(Source: P.A. 101-571, eff. 8-23-19.)
 
21    Section 20. The Code of Civil Procedure is amended by
22changing Sections 21-101, 21-102, 21-102.5, and 21-103 as
23follows:
 
24    (735 ILCS 5/21-101)  (from Ch. 110, par. 21-101)

 

 

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1    Sec. 21-101. Proceedings; parties.
2    (a) If any person who is a resident of this State and has
3resided in this State for 6 months desires to change his or her
4name and to assume another name by which to be afterwards
5called and known, the person may file a petition requesting
6that relief in the circuit court of the county wherein he or
7she resides praying for that relief.
8    (b) A person who has been convicted of any offense for
9which a person is required to register under the Sex Offender
10Registration Act, the Murderer and Violent Offender Against
11Youth Registration Act, or the Arsonist Registration Act in
12this State or any other state and who has not been pardoned is
13not permitted to file a petition for a name change in the
14courts of this State during the period that the person is
15required to register, unless that person verifies under oath,
16as provided under Section 1-109, that the petition for the name
17change is due to marriage, transgender status, religious
18beliefs, or status as a victim of trafficking. For the purposes
19of this subsection, a person will not face a felony charge if
20the person's request for legal name change is denied without
21proof of perjury.
22    (b-1) A person who has been convicted of a felony offense
23in this State or any other state and whose sentence has not
24been completed or discharged is not permitted to file a
25petition for a name change in the courts of this State unless
26that person is pardoned for the offense. The filing of a

 

 

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1petition in accordance with this Section shall be the sole and
2exclusive means by which any person committed under the laws of
3this State to a penal institution may change his or her name
4and assume another name. However, any person convicted of a
5felony in this State or any other state who has not been
6pardoned may not file a petition for a name change until 10
7years have passed since completion and discharge from his or
8her sentence. A person who has been convicted of identity
9theft, aggravated identity theft, felony or misdemeanor
10criminal sexual abuse when the victim of the offense at the
11time of its commission is under 18 years of age, felony or
12misdemeanor sexual exploitation of a child, felony or
13misdemeanor indecent solicitation of a child, or felony or
14misdemeanor indecent solicitation of an adult, or any other
15offense for which a person is required to register under the
16Sex Offender Registration Act in this State or any other state
17who has not been pardoned shall not be permitted to file a
18petition for a name change in the courts of Illinois.
19    (c) A petitioner may include his or her spouse and adult
20unmarried children, with their consent, and his or her minor
21children where it appears to the court that it is for their
22best interest, in the petition and relief requested prayer, and
23the court's order shall then include the spouse and children.
24Whenever any minor has resided in the family of any person for
25the space of 3 years and has been recognized and known as an
26adopted child in the family of that person, the application

 

 

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1herein provided for may be made by the person having that minor
2in his or her family.
3    An order shall be entered as to a minor only if the court
4finds by clear and convincing evidence that the change is
5necessary to serve the best interest of the child. In
6determining the best interest of a minor child under this
7Section, the court shall consider all relevant factors,
8including:
9        (1) The wishes of the child's parents and any person
10    acting as a parent who has physical custody of the child.
11        (2) The wishes of the child and the reasons for those
12    wishes. The court may interview the child in chambers to
13    ascertain the child's wishes with respect to the change of
14    name. Counsel shall be present at the interview unless
15    otherwise agreed upon by the parties. The court shall cause
16    a court reporter to be present who shall make a complete
17    record of the interview instantaneously to be part of the
18    record in the case.
19        (3) The interaction and interrelationship of the child
20    with his or her parents or persons acting as parents who
21    have physical custody of the child, step-parents,
22    siblings, step-siblings, or any other person who may
23    significantly affect the child's best interest.
24        (4) The child's adjustment to his or her home, school,
25    and community.
26    (d) If it appears to the court that the conditions and

 

 

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1requirements under this Article have been complied with and
2that there is no reason why the relief requested prayer should
3not be granted, the court, by an order to be entered of record,
4may direct and provide that the name of that person be changed
5in accordance with the relief requested prayer in the petition.
6If the circuit court orders that a name change be granted to a
7person who has been adjudicated or convicted of a felony or
8misdemeanor offense under the laws of this State or any other
9state for which a pardon has not been granted, or has an arrest
10for which a charge has not been filed or a pending charge on a
11felony or misdemeanor offense, a copy of the order, including a
12copy of each applicable access and review response, shall be
13forwarded to the Department of State Police. The Department of
14State Police shall update any criminal history transcript or
15offender registration of each person 18 years of age or older
16in the order to include the change of name as well as his or her
17former name.
18(Source: P.A. 100-370, eff. 1-1-18.)
 
19    (735 ILCS 5/21-102)  (from Ch. 110, par. 21-102)
20    Sec. 21-102. Petition; update criminal history transcript.
21    (a) The petition shall be a statewide standardized form
22approved by the Illinois Supreme Court and shall set forth the
23name then held, the name sought to be assumed, the residence of
24the petitioner, the length of time the petitioner has resided
25in this State, and the state or country of the petitioner's

 

 

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1nativity or supposed nativity. The petition shall include a
2statement, verified under oath as provided under Section 1-109
3of this Code, whether or not the petitioner or any other person
418 years of age or older who will be subject to a change of name
5under the petition if granted: (1) has been adjudicated or
6convicted of a felony or misdemeanor offense under the laws of
7this State or any other state for which a pardon has not been
8granted; or (2) has an arrest for which a charge has not been
9filed or a pending charge on a felony or misdemeanor offense.
10The petition shall be signed by the person petitioning or, in
11case of minors, by the parent or guardian having the legal
12custody of the minor. The petition shall be verified by the
13affidavit of some credible person.
14    (b) If the statement provided under subsection (a) of this
15Section indicates the petitioner or any other person 18 years
16of age or older who will be subject to a change of name under
17the petition, if granted, has been adjudicated or convicted of
18a felony or misdemeanor offense under the laws of this State or
19any other state for which a pardon has not been granted, or has
20an arrest for which a charge has not been filed or a pending
21charge on a felony or misdemeanor offense, the State's Attorney
22may request the court to or the court may on its own motion,
23require the person, prior to a hearing on the petition, to
24initiate an update of his or her criminal history transcript
25with the Department of State Police. The Department shall allow
26a person to use the Access and Review process, established by

 

 

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1rule in the Department, for this purpose. Upon completion of
2the update of the criminal history transcript, the petitioner
3shall file confirmation of each update with the court, which
4shall seal the records from disclosure outside of court
5proceedings on the petition.
6    (c) Any petition filed under subsection (a) shall include
7the following: "WARNING: A person who is required to register
8under the Sex Offender Registration Act, the Murderer and
9Violent Offender Against Youth Registration Act, or the
10Arsonist Registration Act in this State or a similar law in any
11other state who has not been pardoned commits a felony offense
12under those respective Acts by seeking a change of name during
13the registration period unless that person can demonstrate that
14the petition for a name change is due to marriage, transgender
15status, religious beliefs, or status as a victim of
16trafficking.".
17(Source: P.A. 100-370, eff. 1-1-18.)
 
18    (735 ILCS 5/21-102.5)
19    Sec. 21-102.5. Notice; objection.
20    (a) The circuit court clerk shall promptly serve a copy of
21the petition on the State's Attorney and the Department of
22State Police if the statement provided under subsection (a) of
23Section 21-102 indicates that the petitioner, or any other
24person 18 years of age or older who will be subject to a change
25of name under the petition, has been adjudicated or convicted

 

 

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1of a felony or misdemeanor offense under the laws of this State
2or any other state for which a pardon has not been granted, or
3has an arrest for which a charge has not been filed or a
4pending charge on a felony or misdemeanor offense.
5    (b) The State's Attorney may file an objection to the
6petition if the petitioner:
7        (1) is the defendant in a pending criminal offense
8    charge; or
9        (2) has been convicted of identity theft, aggravated
10    identity theft, felony or misdemeanor criminal sexual
11    abuse when the victim of the offense at the time of its
12    commission is under 18 years of age, felony or misdemeanor
13    sexual exploitation of a child, felony or misdemeanor
14    indecent solicitation of a child, or felony or misdemeanor
15    indecent solicitation of an adult, and has not been
16    pardoned for the conviction.
17    (c) All objections shall be in writing, shall be filed with
18the circuit court clerk, shall be served upon the petitioner,
19and shall state with specificity the basis of the objection.
20Objections to a petition shall be filed within 30 days of the
21date of service of the petition upon the State's Attorney. All
22objections shall be in writing, shall be filed with the circuit
23court clerk, and shall state with specificity the basis of the
24objection. Objections to a petition must be filed within 30
25days of the date of service of the petition upon the State's
26Attorney.

 

 

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1(Source: P.A. 100-370, eff. 1-1-18.)
 
2    (735 ILCS 5/21-103)  (from Ch. 110, par. 21-103)
3    Sec. 21-103. Notice by publication.
4    (a) Previous notice shall be given of the intended
5application by publishing a notice thereof in some newspaper
6published in the municipality in which the person resides if
7the municipality is in a county with a population under
82,000,000, or if the person does not reside in a municipality
9in a county with a population under 2,000,000, or if no
10newspaper is published in the municipality or if the person
11resides in a county with a population of 2,000,000 or more,
12then in some newspaper published in the county where the person
13resides, or if no newspaper is published in that county, then
14in some convenient newspaper published in this State. The
15notice shall be inserted for 3 consecutive weeks after filing,
16the first insertion to be at least 6 weeks before the return
17day upon which the petition is to be heard, and shall be signed
18by the petitioner or, in case of a minor, the minor's parent or
19guardian, and shall set forth the return day of court on which
20the petition is to be heard and the name sought to be assumed.
21    (b) The publication requirement of subsection (a) shall not
22be required in any application for a change of name involving a
23minor if, before making judgment under this Article, reasonable
24notice and opportunity to be heard is given to any parent whose
25parental rights have not been previously terminated and to any

 

 

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1person who has physical custody of the child. If any of these
2persons are outside this State, notice and opportunity to be
3heard shall be given under Section 21-104.
4    (b-3) The publication requirement of subsection (a) shall
5not be required in any application for a change of name
6involving a person who has received a judgment for dissolution
7of marriage or declaration of invalidity of marriage and wishes
8to change his or her name to resume the use of his or her former
9or maiden name.
10    (b-5) Upon motion, the court may issue an order directing
11that the notice and publication requirement be waived for a
12change of name involving a person who files with the court a
13written declaration that the person believes that publishing
14notice of the name change would put the person at risk of
15physical harm or discrimination. The person must provide
16evidence to support the claim that publishing notice of the
17name change would put the person at risk of physical harm or
18discrimination.
19    (c) The Director of State Police or his or her designee may
20apply to the circuit court for an order directing that the
21notice and publication requirements of this Section be waived
22if the Director or his or her designee certifies that the name
23change being sought is intended to protect a witness during and
24following a criminal investigation or proceeding.
25    (c-1) The court may enter a written order waiving the
26publication requirement of subsection (a) if:

 

 

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1        (i) the petitioner is 18 years of age or older; and
2        (ii) concurrent with the petition, the petitioner
3    files with the court a statement, verified under oath as
4    provided under Section 1-109 of this Code, attesting that
5    the petitioner is or has been a person protected under the
6    Illinois Domestic Violence Act of 1986, the Stalking No
7    Contact Order Act, the Civil No Contact Order Act, Article
8    112A of the Code of Criminal Procedure of 1963, a condition
9    of bail under subsections (b) through (d) of Section 110-10
10    of the Code of Criminal Procedure of 1963, or a similar
11    provision of a law in another state or jurisdiction.
12    The petitioner may attach to the statement any supporting
13documents, including relevant court orders.
14    (c-2) If the petitioner files a statement attesting that
15disclosure of the petitioner's address would put the petitioner
16or any member of the petitioner's family or household at risk
17or reveal the confidential address of a shelter for domestic
18violence victims, that address may be omitted from all
19documents filed with the court, and the petitioner may
20designate an alternative address for service.
21    (c-3) Court administrators may allow domestic abuse
22advocates, rape crisis advocates, and victim advocates to
23assist petitioners in the preparation of name changes under
24subsection (c-1).
25    (c-4) If the publication requirements of subsection (a)
26have been waived, the circuit court shall enter an order

 

 

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1impounding the case.
2    (c-5) The court may waive the publication requirement under
3subsection (a) and order that the record of the proceeding be
4designated confidential if the court finds good cause for
5entering such an order. Good cause includes, but is not limited
6to, evidence that publication or availability of a record of
7the proceeding will place the petitioner or another individual
8at risk for physical harm or discrimination and evidence that
9the petitioner or another individual has been the victim of
10stalking or assaultive behavior.
11    (d) The maximum rate charged for publication of a notice
12under this Section may not exceed the lowest classified rate
13paid by commercial users for comparable space in the newspaper
14in which the notice appears and shall include all cash
15discounts, multiple insertion discounts, and similar benefits
16extended to the newspaper's regular customers.
17(Source: P.A. 100-520, eff. 1-1-18 (see Section 5 of P.A.
18100-565 for the effective date of P.A. 100-520); 100-788, eff.
191-1-19; 100-966, eff. 1-1-19; 101-81, eff. 7-12-19; 101-203,
20eff. 1-1-20.)