Illinois General Assembly - Full Text of HB4179
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Full Text of HB4179  94th General Assembly



HB4179 Engrossed LRB094 15041 LCT 50171 b

1     AN ACT concerning name changes.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4     Section 5. The Code of Civil Procedure is amended by
5 changing Section 21-101 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
8 resident of this State and has resided in this State for 6
9 months desires to change his or her name and to assume another
10 name by which to be afterwards called and known, the person may
11 file a petition in the circuit court of the county wherein he
12 or she resides praying for that relief. If it appears to the
13 court that the conditions hereinafter mentioned have been
14 complied with and that there is no reason why the prayer should
15 not be granted, the court, by an order to be entered of record,
16 may direct and provide that the name of that person be changed
17 in accordance with the prayer in the petition. The filing of a
18 petition in accordance with this Section shall be the sole and
19 exclusive means by which any person committed under the laws of
20 this State to a penal institution may change his or her name
21 and assume another name. However, any person convicted of a
22 felony, misdemeanor criminal sexual abuse when the victim of
23 the offense at the time of its commission is under 18 years of
24 age, misdemeanor sexual exploitation of a child, misdemeanor
25 indecent solicitation of a child, or misdemeanor indecent
26 solicitation of an adult in this State or any other state who
27 has not been pardoned may not file a petition for a name change
28 until 2 years have passed since completion and discharge from
29 his or her sentence. A person who has been convicted of
30 identity theft, aggravated identity theft, felony or
31 misdemeanor criminal sexual abuse when the victim of the
32 offense at the time of its commission is under 18 years of age,



HB4179 Engrossed - 2 - LRB094 15041 LCT 50171 b

1 felony or misdemeanor sexual exploitation of a child, felony or
2 misdemeanor indecent solicitation of a child, or felony or
3 misdemeanor indecent solicitation of an adult, or any other
4 offense for which a person is required to register under the
5 Sex Offender Registration Act in this State or any other state
6 who has not been pardoned shall not be permitted to file a
7 petition for a name change in the courts of Illinois. A
8 petitioner may include his or her spouse and adult unmarried
9 children, with their consent, and his or her minor children
10 where it appears to the court that it is for their best
11 interest, in the petition and prayer, and the court's order
12 shall then include the spouse and children. Whenever any minor
13 has resided in the family of any person for the space of 3
14 years and has been recognized and known as an adopted child in
15 the family of that person, the application herein provided for
16 may be made by the person having that minor in his or her
17 family.
18     An order shall be entered as to a minor only if the court
19 finds by clear and convincing evidence that the change is
20 necessary to serve the best interest of the child. In
21 determining the best interest of a minor child under this
22 Section, the court shall consider all relevant factors,
23 including:
24         (1) The wishes of the child's parents and any person
25     acting as a parent who has physical custody of the child.
26         (2) The wishes of the child and the reasons for those
27     wishes. The court may interview the child in chambers to
28     ascertain the child's wishes with respect to the change of
29     name. Counsel shall be present at the interview unless
30     otherwise agreed upon by the parties. The court shall cause
31     a court reporter to be present who shall make a complete
32     record of the interview instantaneously to be part of the
33     record in the case.
34         (3) The interaction and interrelationship of the child
35     with his or her parents or persons acting as parents who
36     have physical custody of the child, step-parents,



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1     siblings, step-siblings, or any other person who may
2     significantly affect the child's best interest.
3         (4) The child's adjustment to his or her home, school,
4     and community.
5 (Source: P.A. 88-25; 89-192, eff. 1-1-96; 89-462, eff.
6 5-29-96.)