HB1491 94TH GENERAL ASSEMBLY

LRB094 07030 LCB 37170 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB1491

Introduced 02/10/05, by Rep. Bob Biggins

SYNOPSIS AS INTRODUCED:

735 ILCS 5/21-102	from Ch. 110, par. 21-102
735 ILCS 5/21-102.5 new

Amends the Code of Civil Procedure. Provides that a petition for a name change must include whether the petitioner has ever been charged with, arrested for, pled guilty or nolo contendere to, or been found to have committed a criminal offense, regardless of adjudication. Provides that, except for petitions for a name change due to marriage, the petition shall include a copy of the petitioner's fingerprints taken by law enforcement. Provides that the clerk must, upon the filing of a final judgment of a criminal offense against any petitioner for a name change, send a report of the judgment to the Department of State Police on a form to be furnished by the Department. Provides that the report must contain sufficient information to identify the petitioner including fingerprints taken by a law enforcement agency, the new name of the petitioner, and the file number of the judgment. Requires the Department of State Police to send a copy of the report to the Department of Transportation, which may be delivered by electronic transmission. Provides that, with respect to a person convicted of a felony in another state or of a federal offense, the Department of State Police must send the report to the respective state's office of law enforcement records or to the office of the Federal Bureau of Investigation. Provides that the costs from fingerprinting must be paid by the petitioner.

A BILL FOR

AN ACT concerning name changes.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Code of Civil Procedure is amended by changing Section 21-102 and by adding Section 21-102.5 as follows:

(735 ILCS 5/21-102) (from Ch. 110, par. 21-102)

Sec. 21-102. Petition. The petition shall set forth the name then held, the name sought to be assumed, the residence of the petitioner, the length of time the petitioner has resided in this State, and the state or country of the petitioner's nativity or supposed nativity, and whether the petitioner has ever been charged with, arrested for, pled guilty or nolo contendere to, or been found to have committed a criminal offense, regardless of adjudication. The petition shall be signed by the person petitioning or, in case of minors, by the parent or guardian having the legal custody of the minor. The petition shall be verified by the affidavit of some credible person.

Except for petitions for a name change due to marriage, the petition shall include a copy of the petitioner's fingerprints taken by a law enforcement agency.

(Source: P.A. 87-409.)

(735 ILCS 5/21-102.5 new)

Sec. 21-102.5. Forwarding of petition.

(a) The clerk must, upon the filing of a final judgment of a criminal offense against any petitioner for a name change, send a report of the judgment to the Department of State Police on a form to be furnished by the Department. The report must contain sufficient information to identify the petitioner including fingerprints taken by a law enforcement agency, the new name of the petitioner, and the file number of the judgment.

(b) The Department of State Police must send a copy of the report to the Department of Transportation, which may be delivered by electronic transmission.

(c) Any information retained by the Department of State Police and the Department of Transportation may be revised or supplemented by the Departments to reflect changes made by the final judgment.

(d) With respect to a person convicted of a felony in another state or of a federal offense, the Department of State Police must send the report to the respective state's office of law enforcement records or to the office of the Federal Bureau of Investigation.

(e) The Department of State Police may forward the report to any other law enforcement agency that it believes may retain information related to the petitioner.

(f) Any costs from fingerprinting must be paid by the petitioner.