Full Text of HB3628 99th General Assembly
HB3628 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB3628 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED: |
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735 ILCS 5/21-101 | from Ch. 110, par. 21-101 |
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Amends the Code of Civil Procedure. Makes a technical change in a Section concerning change of name.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 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 the person | 11 | | may file a petition in the circuit court of the county
wherein | 12 | | he 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 in this State or any other
state
who has not been | 23 | | pardoned may not file a
petition for a name change until 10 |
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| 1 | | years have passed since completion and
discharge from his or | 2 | | her sentence. A person who has been convicted of identity | 3 | | theft, aggravated identity theft, felony or misdemeanor | 4 | | criminal
sexual abuse when the victim of the offense at the | 5 | | time of its commission is
under 18 years of age, felony or | 6 | | misdemeanor sexual exploitation of a child, felony or | 7 | | misdemeanor
indecent solicitation of a child, or felony or | 8 | | misdemeanor indecent solicitation of an
adult, or any other | 9 | | offense for which a person is required to register under the | 10 | | Sex Offender Registration Act in this State or any other state | 11 | | who has not been pardoned shall not be permitted to file a | 12 | | petition for a name change in the courts of Illinois. A | 13 | | petitioner may include his or her
spouse
and adult unmarried | 14 | | children,
with their consent, and his or her minor children | 15 | | where it appears to the
court that it is for their best | 16 | | interest, in the petition and prayer, and
the court's order | 17 | | shall then include the spouse and children. Whenever any
minor | 18 | | has resided in the family of any person for the space of 3 | 19 | | years
and has been recognized and known as an adopted child in | 20 | | the family of
that person, the application herein provided for | 21 | | may be made by the person
having that minor in his or her | 22 | | family.
| 23 | | An order shall be entered as to a minor only if the court | 24 | | finds by
clear and convincing evidence that the change is | 25 | | necessary to serve the
best interest of the child. In | 26 | | determining the best interest of a minor
child under this |
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| 1 | | Section, the court shall consider all relevant factors,
| 2 | | including:
| 3 | | (1) The wishes of the child's parents and any person | 4 | | acting as a parent
who has physical custody of the child.
| 5 | | (2) The wishes of the child and the reasons for those | 6 | | wishes. The
court may interview the child in chambers to | 7 | | ascertain the child's wishes
with respect to the change of | 8 | | name. Counsel shall be present at the
interview unless | 9 | | otherwise agreed upon by the parties. The court shall
cause | 10 | | a court reporter to be present who shall make a complete | 11 | | record of
the interview instantaneously to be part of the | 12 | | record in the case.
| 13 | | (3) The interaction and interrelationship of the child | 14 | | with his or her
parents or persons acting as parents who | 15 | | have physical custody of the
child, step-parents, | 16 | | siblings, step-siblings, or any other person who may
| 17 | | significantly affect the child's best interest.
| 18 | | (4) The child's adjustment to his or her home, school, | 19 | | and community.
| 20 | | (Source: P.A. 94-944, eff. 1-1-07.)
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