Illinois General Assembly - Full Text of HB2542
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Full Text of HB2542  102nd General Assembly

HB2542eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB2542 EngrossedLRB102 14888 KMF 20241 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 Sections 35 and 65 as follows:
 
6    (730 ILCS 148/35)
7    Sec. 35. Duty to report change of address, school, name,
8or employment. Any person who is required to register under
9this Act shall report in person to the appropriate law
10enforcement agency with whom he or she last registered within
11one year from the date of last registration and every year
12thereafter. If any person required to register under this Act
13changes his or her residence address, place of employment, or
14school, he or she shall, in writing, within 10 days inform the
15law enforcement agency with whom he or she last registered of
16his or her new address, change in employment, or school and
17register with the appropriate law enforcement agency within
18the time period specified in Section 10. Any person who is
19required to register under this Act and is granted a legal name
20change pursuant to subsection (b) of Section 21-101 of the
21Code of Civil Procedure shall, in writing, within 10 days
22inform the law enforcement agency with whom they last
23registered of their name change. The law enforcement agency

 

 

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1shall, within 3 days of receipt, notify the Department of
2State Police and the law enforcement agency having
3jurisdiction of the new place of residence, change in
4employment, or school. If any person required to register
5under this Act establishes a residence or employment outside
6of the State of Illinois, within 10 days after establishing
7that residence or employment, he or she shall, in writing,
8inform the law enforcement agency with which he or she last
9registered of his or her out-of-state residence or employment.
10The law enforcement agency with which such person last
11registered shall, within 3 days notice of an address or
12employment change, notify the Department of State Police. The
13Department of State Police shall forward such information to
14the out-of-state law enforcement agency having jurisdiction in
15the form and manner prescribed by the Department of State
16Police.
17(Source: P.A. 93-949, eff. 1-1-05.)
 
18    (730 ILCS 148/65)
19    Sec. 65. 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 4 felony unless, as
24provided under Section 21-101 of the Code of Civil Procedure,
25that person verifies under oath that the petition for the name

 

 

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1change is due to marriage, religious beliefs, status as a
2victim of trafficking or gender-related identity as defined by
3the Illinois Human Rights Act. Any person who is required to
4register under this Act who knowingly or wilfully gives
5material information required by this Act that is false is
6guilty of a Class 3 felony. Any person convicted of a violation
7of any provision of this Act shall, in addition to any other
8penalty required by law, be required to serve a minimum period
9of 7 days confinement in the local county jail. The court shall
10impose a mandatory minimum fine of $500 for failure to comply
11with any provision of this Act. These fines shall be deposited
12in the Arsonist Registration Fund. An arsonist who violates
13any provision of this Act may be tried in any Illinois county
14where the arsonist can be located.
15(Source: P.A. 99-78, eff. 7-20-15.)
 
16    Section 10. The Sex Offender Registration Act is amended
17by changing Sections 6 and 10 as follows:
 
18    (730 ILCS 150/6)
19    Sec. 6. Duty to report; change of address, school, name or
20employment; duty to inform. A person who has been adjudicated
21to be sexually dangerous or is a sexually violent person and is
22later released, or found to be no longer sexually dangerous or
23no longer a sexually violent person and discharged, or
24convicted of a violation of this Act after July 1, 2005, shall

 

 

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1report in person to the law enforcement agency with whom he or
2she last registered no later than 90 days after the date of his
3or her last registration and every 90 days thereafter and at
4such other times at the request of the law enforcement agency
5not to exceed 4 times a year. Such sexually dangerous or
6sexually violent person must report all new or changed e-mail
7addresses, all new or changed instant messaging identities,
8all new or changed chat room identities, and all other new or
9changed Internet communications identities that the sexually
10dangerous or sexually violent person uses or plans to use, all
11new or changed Uniform Resource Locators (URLs) registered or
12used by the sexually dangerous or sexually violent person, and
13all new or changed blogs and other Internet sites maintained
14by the sexually dangerous or sexually violent person or to
15which the sexually dangerous or sexually violent person has
16uploaded any content or posted any messages or information.
17Any person who lacks a fixed residence must report weekly, in
18person, to the appropriate law enforcement agency where the
19sex offender is located. Any other person who is required to
20register under this Article shall report in person to the
21appropriate law enforcement agency with whom he or she last
22registered within one year from the date of last registration
23and every year thereafter and at such other times at the
24request of the law enforcement agency not to exceed 4 times a
25year. If any person required to register under this Article
26lacks a fixed residence or temporary domicile, he or she must

 

 

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1notify, in person, the agency of jurisdiction of his or her
2last known address within 3 days after ceasing to have a fixed
3residence and if the offender leaves the last jurisdiction of
4residence, he or she, must within 3 days after leaving
5register in person with the new agency of jurisdiction. If any
6other person required to register under this Article changes
7his or her residence address, place of employment, telephone
8number, cellular telephone number, or school, he or she shall
9report in person, to the law enforcement agency with whom he or
10she last registered, his or her new address, change in
11employment, telephone number, cellular telephone number, or
12school, all new or changed e-mail addresses, all new or
13changed instant messaging identities, all new or changed chat
14room identities, and all other new or changed Internet
15communications identities that the sex offender uses or plans
16to use, all new or changed Uniform Resource Locators (URLs)
17registered or used by the sex offender, and all new or changed
18blogs and other Internet sites maintained by the sex offender
19or to which the sex offender has uploaded any content or posted
20any messages or information, and register, in person, with the
21appropriate law enforcement agency within the time period
22specified in Section 3. If any person required to register
23under this Article is granted a legal name change pursuant to
24subsection (b) of Section 21-101 of the Code of Civil
25Procedure, they shall report, in person, within 3 days of
26their legal name change, to the law enforcement agency with

 

 

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1whom they last registered. If the sex offender is a child sex
2offender as defined in Section 11-9.3 or 11-9.4 of the
3Criminal Code of 1961 or the Criminal Code of 2012, the sex
4offender shall within 3 days after beginning to reside in a
5household with a child under 18 years of age who is not his or
6her own child, provided that his or her own child is not the
7victim of the sex offense, report that information to the
8registering law enforcement agency. The law enforcement agency
9shall, within 3 days of the reporting in person by the person
10required to register under this Article, notify the Department
11of State Police of the new place of residence, change in
12employment, telephone number, cellular telephone number, or
13school.
14    If any person required to register under this Article
15intends to establish a residence or employment outside of the
16State of Illinois, at least 10 days before establishing that
17residence or employment, he or she shall report in person to
18the law enforcement agency with which he or she last
19registered of his or her out-of-state intended residence or
20employment. The law enforcement agency with which such person
21last registered shall, within 3 days after the reporting in
22person of the person required to register under this Article
23of an address or employment change, notify the Department of
24State Police. The Department of State Police shall forward
25such information to the out-of-state law enforcement agency
26having jurisdiction in the form and manner prescribed by the

 

 

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1Department of State Police.
2(Source: P.A. 96-1094, eff. 1-1-11; 96-1104, eff. 1-1-11;
397-333, eff. 8-12-11; 97-1150, eff. 1-25-13.)
 
4    (730 ILCS 150/10)  (from Ch. 38, par. 230)
5    Sec. 10. Penalty.
6    (a) Any person who is required to register under this
7Article who violates any of the provisions of this Article and
8any person who is required to register under this Article who
9seeks to change his or her name under Article XXI of the Code
10of Civil Procedure is guilty of a Class 3 felony, unless, as
11provided under Section 21-101 of the Code of Civil Procedure,
12that person verifies under oath that the petition for the name
13change is due to marriage, religious beliefs, status as a
14victim of trafficking or gender-related identity as defined by
15the Illinois Human Rights Act. Any person who is convicted for
16a violation of this Act for a second or subsequent time is
17guilty of a Class 2 felony, unless, as provided under Section
1821-101 of the Code of Civil Procedure, that person verifies
19under oath that the petition for the name change is due to
20marriage, religious beliefs, status as a victim of trafficking
21or gender-related identity as defined by the Illinois Human
22Rights Act. Any person who is required to register under this
23Article who knowingly or willfully gives material information
24required by this Article that is false is guilty of a Class 3
25felony. Any person convicted of a violation of any provision

 

 

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

 

 

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1        (2) harbors, or attempts to harbor, or assists another
2    person in harboring or attempting to harbor, the sexual
3    predator; or
4        (3) conceals or attempts to conceal, or assists
5    another person in concealing or attempting to conceal, the
6    sexual predator.
7    (c) Subsection (b) does not apply if the sexual predator
8is incarcerated in or is in the custody of a State correctional
9facility, a private correctional facility, a county or
10municipal jail, a State mental health facility or a State
11treatment and detention facility, or a federal correctional
12facility.
13    (d) Subsections (a) and (b) do not apply if the sex
14offender accurately registered his or her Internet protocol
15address under this Act, and the address subsequently changed
16without his or her knowledge or intent.
17(Source: P.A. 101-571, eff. 8-23-19.)
 
18    Section 15. The Murderer and Violent Offender Against
19Youth Registration Act is amended by changing Sections 30 and
2060 as follows:
 
21    (730 ILCS 154/30)
22    Sec. 30. Duty to report; change of address, school, name,
23or employment; duty to inform. Any violent offender against
24youth who is required to register under this Act shall report

 

 

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1in person to the appropriate law enforcement agency with whom
2he or she last registered within one year from the date of last
3registration and every year thereafter and at such other times
4at the request of the law enforcement agency not to exceed 4
5times a year. If any person required to register under this Act
6lacks a fixed residence or temporary domicile, he or she must
7notify, in person, the agency of jurisdiction of his or her
8last known address within 5 days after ceasing to have a fixed
9residence and if the offender leaves the last jurisdiction of
10residence, he or she must, within 48 hours after leaving,
11register in person with the new agency of jurisdiction. If any
12other person required to register under this Act changes his
13or her residence address, place of employment, or school, he
14or she shall report in person to the law enforcement agency
15with whom he or she last registered of his or her new address,
16change in employment, or school and register, in person, with
17the appropriate law enforcement agency within the time period
18specified in Section 10. The law enforcement agency shall,
19within 3 days of the reporting in person by the person required
20to register under this Act, notify the Department of State
21Police of the new place of residence, change in employment, or
22school. If any person required to register under this Act is
23granted a legal name change pursuant to subsection (b) of
24Section 21-101 of the Code of Civil Procedure, they shall
25report, in person, within 5 days of receiving their legal name
26change order, their legal name change to the law enforcement

 

 

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1agency with whom they last registered.
2    If any person required to register under this Act intends
3to establish a residence or employment outside of the State of
4Illinois, at least 10 days before establishing that residence
5or employment, he or she shall report in person to the law
6enforcement agency with which he or she last registered of his
7or her out-of-state intended residence or employment. The law
8enforcement agency with which such person last registered
9shall, within 3 days after the reporting in person of the
10person required to register under this Act of an address or
11employment change, notify the Department of State Police. The
12Department of State Police shall forward such information to
13the out-of-state law enforcement agency having jurisdiction in
14the form and manner prescribed by the Department of State
15Police.
16(Source: P.A. 94-945, eff. 6-27-06.)
 
17    (730 ILCS 154/60)
18    Sec. 60. Penalty. Any person who is required to register
19under this Act who violates any of the provisions of this Act
20and any person who is required to register under this Act who
21seeks to change his or her name under Article XXI of the Code
22of Civil Procedure is guilty of a Class 3 felony unless, as
23provided under Section 21-101 of the Code of Civil Procedure,
24that person verifies under oath that the petition for the name
25change is due to marriage, religious beliefs, status as a

 

 

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1victim of trafficking or gender-related identity as defined by
2the Illinois Human Rights Act. Any person who is convicted for
3a violation of this Act for a second or subsequent time is
4guilty of a Class 2 felony unless, as provided under Section
521-101 of the Code of Civil Procedure, that person verifies
6under oath that the petition for the name change is due to
7marriage, religious beliefs, status as a victim of trafficking
8or gender-related identity as defined by the Illinois Human
9Rights Act. Any person who is required to register under this
10Act who knowingly or willfully gives material information
11required by this Act that is false is guilty of a Class 3
12felony. Any person convicted of a violation of any provision
13of this Act shall, in addition to any other penalty required by
14law, be required to serve a minimum period of 7 days
15confinement in the local county jail. The court shall impose a
16mandatory minimum fine of $500 for failure to comply with any
17provision of this Act. These fines shall be deposited into the
18Offender Registration Fund. Any violent offender against youth
19who violates any provision of this Act may be arrested and
20tried in any Illinois county where the violent offender
21against youth can be located. The local police department or
22sheriff's office is not required to determine whether the
23person is living within its jurisdiction.
24(Source: P.A. 101-571, eff. 8-23-19.)
 
25    Section 20. The Code of Civil Procedure is amended by

 

 

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1changing Sections 21-101, 21-102, 21-102.5, and 21-103 as
2follows:
 
3    (735 ILCS 5/21-101)  (from Ch. 110, par. 21-101)
4    Sec. 21-101. Proceedings; parties.
5    (a) If any person who is a resident of this State and has
6resided in this State for 6 months desires to change his or her
7name and to assume another name by which to be afterwards
8called and known, the person may file a petition requesting
9that relief in the circuit court of the county wherein he or
10she resides praying for that relief.
11    (b) A person who has been convicted of any offense for
12which a person is required to register under the Sex Offender
13Registration Act, the Murderer and Violent Offender Against
14Youth Registration Act, or the Arsonist Registration Act in
15this State or any other state and who has not been pardoned is
16not permitted to file a petition for a name change in the
17courts of this State during the period that the person is
18required to register, unless that person verifies under oath,
19as provided under Section 1-109, that the petition for the
20name change is due to marriage, religious beliefs, status as a
21victim of trafficking or gender-related identity as defined by
22the Illinois Human Rights Act. A judge may grant or deny the
23request for legal name change filed by such persons. Any such
24persons granted a legal name change shall report the change to
25the law enforcement agency having jurisdiction of their

 

 

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1current registration pursuant to the Duty to Report
2requirements specified in Section 35 of the Arsonist
3Registration Act, Section 20 of the Murderer and Violent
4Offender Against Youth Registration Act, and Section 6 of the
5Sex Offender Registration Act. For the purposes of this
6subsection, a person will not face a felony charge if the
7person's request for legal name change is denied without proof
8of perjury.
9    (b-1) A person who has been convicted of a felony offense
10in this State or any other state and whose sentence has not
11been completed, terminated, or discharged is not permitted to
12file a petition for a name change in the courts of this State
13unless that person is pardoned for the offense. The filing of a
14petition in accordance with this Section shall be the sole and
15exclusive means by which any person committed under the laws
16of this State to a penal institution may change his or her name
17and assume another name. However, any person convicted of a
18felony in this State or any other state who has not been
19pardoned may not file a petition for a name change until 10
20years have passed since completion and discharge from his or
21her sentence. A person who has been convicted of identity
22theft, aggravated identity theft, felony or misdemeanor
23criminal sexual abuse when the victim of the offense at the
24time of its commission is under 18 years of age, felony or
25misdemeanor sexual exploitation of a child, felony or
26misdemeanor indecent solicitation of a child, or felony or

 

 

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1misdemeanor indecent solicitation of an adult, or any other
2offense for which a person is required to register under the
3Sex Offender Registration Act in this State or any other state
4who has not been pardoned shall not be permitted to file a
5petition for a name change in the courts of Illinois.
6    (c) A petitioner may include his or her spouse and adult
7unmarried children, with their consent, and his or her minor
8children where it appears to the court that it is for their
9best interest, in the petition and relief requested prayer,
10and the court's order shall then include the spouse and
11children. Whenever any minor has resided in the family of any
12person for the space of 3 years and has been recognized and
13known as an adopted child in the family of that person, the
14application herein provided for may be made by the person
15having that minor in his or her family.
16    An order shall be entered as to a minor only if the court
17finds by clear and convincing evidence that the change is
18necessary to serve the best interest of the child. In
19determining the best interest of a minor child under this
20Section, the court shall consider all relevant factors,
21including:
22        (1) The wishes of the child's parents and any person
23    acting as a parent who has physical custody of the child.
24        (2) The wishes of the child and the reasons for those
25    wishes. The court may interview the child in chambers to
26    ascertain the child's wishes with respect to the change of

 

 

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1    name. Counsel shall be present at the interview unless
2    otherwise agreed upon by the parties. The court shall
3    cause a court reporter to be present who shall make a
4    complete record of the interview instantaneously to be
5    part of the record in the case.
6        (3) The interaction and interrelationship of the child
7    with his or her parents or persons acting as parents who
8    have physical custody of the child, step-parents,
9    siblings, step-siblings, or any other person who may
10    significantly affect the child's best interest.
11        (4) The child's adjustment to his or her home, school,
12    and community.
13    (d) If it appears to the court that the conditions and
14requirements under this Article have been complied with and
15that there is no reason why the relief requested prayer should
16not be granted, the court, by an order to be entered of record,
17may direct and provide that the name of that person be changed
18in accordance with the relief requested prayer in the
19petition. If the circuit court orders that a name change be
20granted to a person who has been adjudicated or convicted of a
21felony or misdemeanor offense under the laws of this State or
22any other state for which a pardon has not been granted, or has
23an arrest for which a charge has not been filed or a pending
24charge on a felony or misdemeanor offense, a copy of the order,
25including a copy of each applicable access and review
26response, shall be forwarded to the Department of State

 

 

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1Police. The Department of State Police shall update any
2criminal history transcript or offender registration of each
3person 18 years of age or older in the order to include the
4change of name as well as his or her former name.
5(Source: P.A. 100-370, eff. 1-1-18.)
 
6    (735 ILCS 5/21-102)  (from Ch. 110, par. 21-102)
7    Sec. 21-102. Petition; update criminal history transcript.
8    (a) The petition shall be a statewide standardized form
9approved by the Illinois Supreme Court and shall set forth the
10name then held, the name sought to be assumed, the residence of
11the petitioner, the length of time the petitioner has resided
12in this State, and the state or country of the petitioner's
13nativity or supposed nativity. The petition shall include a
14statement, verified under oath as provided under Section 1-109
15of this Code, whether or not the petitioner or any other person
1618 years of age or older who will be subject to a change of
17name under the petition if granted: (1) has been adjudicated
18or convicted of a felony or misdemeanor offense under the laws
19of this State or any other state for which a pardon has not
20been granted; or (2) has an arrest for which a charge has not
21been filed or a pending charge on a felony or misdemeanor
22offense. The petition shall be signed by the person
23petitioning or, in case of minors, by the parent or guardian
24having the legal custody of the minor. The petition shall be
25verified by the affidavit of some credible person.

 

 

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1    (b) If the statement provided under subsection (a) of this
2Section indicates the petitioner or any other person 18 years
3of age or older who will be subject to a change of name under
4the petition, if granted, has been adjudicated or convicted of
5a felony or misdemeanor offense under the laws of this State or
6any other state for which a pardon has not been granted, or has
7an arrest for which a charge has not been filed or a pending
8charge on a felony or misdemeanor offense, the State's
9Attorney may request the court to or the court may on its own
10motion, require the person, prior to a hearing on the
11petition, to initiate an update of his or her criminal history
12transcript with the Department of State Police. The Department
13shall allow a person to use the Access and Review process,
14established by rule in the Department, for this purpose. Upon
15completion of the update of the criminal history transcript,
16the petitioner shall file confirmation of each update with the
17court, which shall seal the records from disclosure outside of
18court proceedings on the petition.
19    (c) Any petition filed under subsection (a) shall include
20the following: "WARNING: If you are required to register under
21the Sex Offender Registration Act, the Murderer and Violent
22Offender Against Youth Registration Act, or the Arsonist
23Registration Act in this State or a similar law in any other
24state and have not been pardoned, you will be committing a
25felony under those respective Acts by seeking a change of name
26during the registration period UNLESS your request for legal

 

 

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1name change is due to marriage, religious beliefs, status as a
2victim of trafficking or gender related identity as defined by
3the Illinois Human Rights Act.".
4(Source: P.A. 100-370, eff. 1-1-18.)
 
5    (735 ILCS 5/21-102.5)
6    Sec. 21-102.5. Notice; objection.
7    (a) The circuit court clerk shall promptly serve a copy of
8the petition on the State's Attorney and the Department of
9State Police if the statement provided under subsection (a) of
10Section 21-102 indicates that the petitioner, or any other
11person 18 years of age or older who will be subject to a change
12of name under the petition, has been adjudicated or convicted
13of a felony or misdemeanor offense under the laws of this State
14or any other state for which a pardon has not been granted, or
15has an arrest for which a charge has not been filed or a
16pending charge on a felony or misdemeanor offense.
17    (b) The State's Attorney may file an objection to the
18petition. All objections shall be in writing, shall be filed
19with the circuit court clerk, shall be served upon the
20petitioner, and shall state with specificity the basis of the
21objection. Objections to a petition must be filed within 30
22days of the date of service of the petition upon the State's
23Attorney if the petitioner: .
24        (1) is the defendant in a pending criminal offense
25    charge; or

 

 

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1        (2) has been convicted of identity theft, aggravated
2    identity theft, felony or misdemeanor criminal sexual
3    abuse when the victim of the offense at the time of its
4    commission is under 18 years of age, felony or misdemeanor
5    sexual exploitation of a child, felony or misdemeanor
6    indecent solicitation of a child, or felony or misdemeanor
7    indecent solicitation of an adult, and has not been
8    pardoned for the conviction.
9(Source: P.A. 100-370, eff. 1-1-18.)
 
10    (735 ILCS 5/21-103)  (from Ch. 110, par. 21-103)
11    Sec. 21-103. Notice by publication.
12    (a) Previous notice shall be given of the intended
13application by publishing a notice thereof in some newspaper
14published in the municipality in which the person resides if
15the municipality is in a county with a population under
162,000,000, or if the person does not reside in a municipality
17in a county with a population under 2,000,000, or if no
18newspaper is published in the municipality or if the person
19resides in a county with a population of 2,000,000 or more,
20then in some newspaper published in the county where the
21person resides, or if no newspaper is published in that
22county, then in some convenient newspaper published in this
23State. The notice shall be inserted for 3 consecutive weeks
24after filing, the first insertion to be at least 6 weeks before
25the return day upon which the petition is to be heard, and

 

 

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1shall be signed by the petitioner or, in case of a minor, the
2minor's parent or guardian, and shall set forth the return day
3of court on which the petition is to be heard and the name
4sought to be assumed.
5    (b) The publication requirement of subsection (a) shall
6not be required in any application for a change of name
7involving a minor if, before making judgment under this
8Article, reasonable notice and opportunity to be heard is
9given to any parent whose parental rights have not been
10previously terminated and to any person who has physical
11custody of the child. If any of these persons are outside this
12State, notice and opportunity to be heard shall be given under
13Section 21-104.
14    (b-3) The publication requirement of subsection (a) shall
15not be required in any application for a change of name
16involving a person who has received a judgment for dissolution
17of marriage or declaration of invalidity of marriage and
18wishes to change his or her name to resume the use of his or
19her former or maiden name.
20    (b-5) The Upon motion, the court may issue an order
21directing that the notice and publication requirement be
22waived for a change of name involving a person who files with
23the court a statement, verified under oath as provided under
24Section 1-109 of this Code, written declaration that the
25person believes that publishing notice of the name change
26would be a hardship, including but not limited to, a negative

 

 

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1impact on the person's health or safety. put the person at risk
2of physical harm or discrimination. The person must provide
3evidence to support the claim that publishing notice of the
4name change would put the person at risk of physical harm or
5discrimination.
6    (b-6) In a case where waiver of the notice and publication
7requirement is sought, the petition for waiver is presumed
8granted and heard at the same hearing as the petition for name
9change. The court retains discretion to determine whether a
10hardship is shown and may order the petitioner to publish
11thereafter.
12    (c) The Director of State Police or his or her designee may
13apply to the circuit court for an order directing that the
14notice and publication requirements of this Section be waived
15if the Director or his or her designee certifies that the name
16change being sought is intended to protect a witness during
17and following a criminal investigation or proceeding.
18    (c-1) The court may also enter a written order waiving the
19publication requirement of subsection (a) if:
20        (i) the petitioner is 18 years of age or older; and
21        (ii) concurrent with the petition, the petitioner
22    files with the court a statement, verified under oath as
23    provided under Section 1-109 of this Code, attesting that
24    the petitioner is or has been a person protected under the
25    Illinois Domestic Violence Act of 1986, the Stalking No
26    Contact Order Act, the Civil No Contact Order Act, Article

 

 

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1    112A of the Code of Criminal Procedure of 1963, a
2    condition of bail under subsections (b) through (d) of
3    Section 110-10 of the Code of Criminal Procedure of 1963,
4    or a similar provision of a law in another state or
5    jurisdiction.
6    The petitioner may attach to the statement any supporting
7documents, including relevant court orders.
8    (c-2) If the petitioner files a statement attesting that
9disclosure of the petitioner's address would put the
10petitioner or any member of the petitioner's family or
11household at risk or reveal the confidential address of a
12shelter for domestic violence victims, that address may be
13omitted from all documents filed with the court, and the
14petitioner may designate an alternative address for service.
15    (c-3) Court administrators may allow domestic abuse
16advocates, rape crisis advocates, and victim advocates to
17assist petitioners in the preparation of name changes under
18subsection (c-1).
19    (c-4) If the publication requirements of subsection (a)
20have been waived, the circuit court shall enter an order
21impounding the case.
22    (d) The maximum rate charged for publication of a notice
23under this Section may not exceed the lowest classified rate
24paid by commercial users for comparable space in the newspaper
25in which the notice appears and shall include all cash
26discounts, multiple insertion discounts, and similar benefits

 

 

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1extended to the newspaper's regular customers.
2(Source: P.A. 100-520, eff. 1-1-18 (see Section 5 of P.A.
3100-565 for the effective date of P.A. 100-520); 100-788, eff.
41-1-19; 100-966, eff. 1-1-19; 101-81, eff. 7-12-19; 101-203,
5eff. 1-1-20.)
 
6    Section 30. The Illinois Marriage and Dissolution of
7Marriage Act is amended by changing Section 413 as follows:
 
8    (750 ILCS 5/413)  (from Ch. 40, par. 413)
9    Sec. 413. Judgment.
10    (a) A judgment of dissolution of marriage or of legal
11separation or of declaration of invalidity of marriage shall
12be entered within 60 days of the closing of proofs; however, if
13the court enters an order specifying good cause as to why the
14court needs an additional 30 days, the judgment shall be
15entered within 90 days of the closing of proofs, including any
16hearing under subsection (j) of Section 503 of this Act and
17submission of closing arguments. A judgment of dissolution of
18marriage or of legal separation or of declaration of
19invalidity of marriage is final when entered, subject to the
20right of appeal. An appeal from the judgment of dissolution of
21marriage that does not challenge the finding as to grounds
22does not delay the finality of that provision of the judgment
23which dissolves the marriage, beyond the time for appealing
24from that provision, and either of the parties may remarry

 

 

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1pending appeal. An order requiring maintenance or support of a
2spouse or a minor child or children entered under this Act or
3any other law of this State shall not be suspended or the
4enforcement thereof stayed pending the filing and resolution
5of post-judgment motions or an appeal.
6    (b) The clerk of the court shall give notice of the entry
7of a judgment of dissolution of marriage or legal separation
8or a declaration of invalidity of marriage:
9        (1) if the marriage is registered in this State, to
10    the county clerk of the county where the marriage is
11    registered, who shall enter the fact of dissolution of
12    marriage or legal separation or declaration of invalidity
13    of marriage in the marriage registry; and within 45 days
14    after the close of the month in which the judgment is
15    entered, the clerk shall forward the certificate to the
16    Department of Public Health on a form furnished by the
17    Department; or
18        (2) if the marriage is registered in another
19    jurisdiction, to the appropriate official of that
20    jurisdiction, with the request that he enter the fact of
21    dissolution of marriage or legal separation or declaration
22    of invalidity of marriage in the appropriate record.
23    (c) Unless the person whose marriage is dissolved or
24declared invalid requests otherwise, the judgment under this
25Section shall contain a provision authorizing the person to
26resume the use of his or her former or maiden name, should he

 

 

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1or she choose to do so, at any time he or she chooses to do so.
2If a judgment contains such a provision, the person resuming
3the use of his or her former or maiden name is not required to
4file a petition for a change of name under Article XXI of the
5Code of Civil Procedure.
6    If a person whose marriage is dissolved or declared
7invalid chooses to resume the use of his or her former or
8maiden name, he or she is not required to provide notice by
9publication pursuant to subsection (a) of Section 21-103 of
10the Code of Civil Procedure.
11    (d) A judgment of dissolution of marriage or legal
12separation, if made, shall be awarded to both of the parties,
13and shall provide that it affects the status previously
14existing between the parties in the manner adjudged.
15(Source: P.A. 100-520, eff. 1-1-18 (see Section 5 of P.A.
16100-565 for the effective date of P.A. 100-520); 101-203, eff.
171-1-20.)