Illinois General Assembly - Full Text of SB0574
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Full Text of SB0574  100th General Assembly



SB0574 EnrolledLRB100 04832 HEP 14842 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 Section 21-103 as follows:
6    (735 ILCS 5/21-103)  (from Ch. 110, par. 21-103)
7    Sec. 21-103. Notice by publication.
8    (a) Previous notice shall be given of the intended
9application by publishing a notice thereof in some newspaper
10published in the municipality in which the person resides if
11the municipality is in a county with a population under
122,000,000, or if the person does not reside in a municipality
13in a county with a population under 2,000,000, or if no
14newspaper is published in the municipality or if the person
15resides in a county with a population of 2,000,000 or more,
16then in some newspaper published in the county where the person
17resides, or if no newspaper is published in that county, then
18in some convenient newspaper published in this State. The
19notice shall be inserted for 3 consecutive weeks after filing,
20the first insertion to be at least 6 weeks before the return
21day upon which the petition is to be heard, and shall be signed
22by the petitioner or, in case of a minor, the minor's parent or
23guardian, and shall set forth the return day of court on which



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1the petition is to be heard and the name sought to be assumed.
2    (b) The publication requirement of subsection (a) shall not
3be required in any application for a change of name involving a
4minor if, before making judgment under this Article, reasonable
5notice and opportunity to be heard is given to any parent whose
6parental rights have not been previously terminated and to any
7person who has physical custody of the child. If any of these
8persons are outside this State, notice and opportunity to be
9heard shall be given under Section 21-104.
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
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    (d) The maximum rate charged for publication of a notice
26under this Section may not exceed the lowest classified rate



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1paid by commercial users for comparable space in the newspaper
2in which the notice appears and shall include all cash
3discounts, multiple insertion discounts, and similar benefits
4extended to the newspaper's regular customers.
5(Source: P.A. 100-520, eff. 1-1-18 (see Section 5 of P.A.
6100-565 for the effective date of P.A. 100-520).)