Full Text of HB2723 100th General Assembly
HB2723sam002 100TH GENERAL ASSEMBLY | Sen. Toi W. Hutchinson Filed: 5/22/2017
| | 10000HB2723sam002 | | LRB100 08926 MRW 26688 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 2723
| 2 | | AMENDMENT NO. ______. Amend House Bill 2723 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Code of Civil Procedure is amended by | 5 | | changing Sections 21-101, 21-102, and 21-103 and by adding | 6 | | Sections 21-102.5 and 21-106 as follows:
| 7 | | (735 ILCS 5/21-101) (from Ch. 110, par. 21-101)
| 8 | | Sec. 21-101. Proceedings; parties. If any person who is a | 9 | | resident of
this State and has resided in this State for 6 | 10 | | months desires to change his
or her name and to assume another | 11 | | name by which to be afterwards called and
known, the person may | 12 | | file a petition in the circuit court of the county
wherein he | 13 | | or she resides praying for that relief. If it appears to the
| 14 | | court that the conditions hereinafter mentioned have been | 15 | | complied with and
that there is no reason why the prayer should | 16 | | not be granted, the court, by
an order to be entered of record, |
| | | 10000HB2723sam002 | - 2 - | LRB100 08926 MRW 26688 a |
|
| 1 | | may direct and provide that the name of
that person be changed | 2 | | in accordance with the prayer in the petition. A person who has | 3 | | been convicted of any offense for which a person is required to | 4 | | register under the Sex Offender Registration Act, Murderer and | 5 | | Violent Offender Against Youth Registration Act, or Arsonist | 6 | | Registration Act in this State or any other state who has not | 7 | | been pardoned shall not be permitted to file a petition for a | 8 | | name change in the courts of this State during the period he or | 9 | | she is required to register. A person who has been convicted of | 10 | | a felony offense in this State or any other state whose | 11 | | sentence has not been completed or discharged shall not be | 12 | | permitted to file a petition for a name change in the courts of | 13 | | this State, unless he or she is pardoned for the offense. The
| 14 | | filing of a petition in accordance with this Section shall be | 15 | | the sole and
exclusive means by which any person committed | 16 | | under the laws of this State
to a penal institution may change | 17 | | his or her name and assume another
name. However, any person | 18 | | convicted of a felony in this State or any other
state
who has | 19 | | not been pardoned may not file a
petition for a name change | 20 | | until 10 years have passed since completion and
discharge from | 21 | | his or her sentence. A person who has been convicted of | 22 | | identity theft, aggravated identity theft, felony or | 23 | | misdemeanor criminal
sexual abuse when the victim of the | 24 | | offense at the time of its commission is
under 18 years of age, | 25 | | felony or misdemeanor sexual exploitation of a child, felony or | 26 | | misdemeanor
indecent solicitation of a child, or felony or |
| | | 10000HB2723sam002 | - 3 - | LRB100 08926 MRW 26688 a |
|
| 1 | | misdemeanor indecent solicitation of an
adult, or any other | 2 | | offense for which a person is required to register under the | 3 | | Sex Offender Registration Act in this State or any other state | 4 | | who has not been pardoned shall not be permitted to file a | 5 | | petition for a name change in the courts of Illinois. A | 6 | | petitioner may include his or her
spouse
and adult unmarried | 7 | | children,
with their consent, and his or her minor children | 8 | | where it appears to the
court that it is for their best | 9 | | interest, in the petition and prayer, and
the court's order | 10 | | shall then include the spouse and children. Whenever any
minor | 11 | | has resided in the family of any person for the space of 3 | 12 | | years
and has been recognized and known as an adopted child in | 13 | | the family of
that person, the application herein provided for | 14 | | may be made by the person
having that minor in his or her | 15 | | family.
| 16 | | An order shall be entered as to a minor only if the court | 17 | | finds by
clear and convincing evidence that the change is | 18 | | necessary to serve the
best interest of the child. In | 19 | | determining the best interest of a minor
child under this | 20 | | Section, the court shall consider all relevant factors,
| 21 | | including:
| 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 |
| | | 10000HB2723sam002 | - 4 - | LRB100 08926 MRW 26688 a |
|
| 1 | | name. Counsel shall be present at the
interview unless | 2 | | otherwise agreed upon by the parties. The court shall
cause | 3 | | a court reporter to be present who shall make a complete | 4 | | record of
the interview instantaneously to be part of the | 5 | | 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 | | (Source: P.A. 94-944, eff. 1-1-07.)
| 14 | | (735 ILCS 5/21-102) (from Ch. 110, par. 21-102)
| 15 | | Sec. 21-102. Petition. | 16 | | (a) The petition shall set forth the name then held,
the | 17 | | name sought to be assumed, the residence of the petitioner, the | 18 | | length
of time the petitioner has resided in this State, and | 19 | | the state or country
of the petitioner's nativity or supposed | 20 | | nativity. The petition shall be
signed by the person | 21 | | petitioning or, in case of minors, by the parent or
guardian | 22 | | having the legal custody of the minor. The petition shall be
| 23 | | verified by the affidavit of some credible person. | 24 | | (b) Any petition form that a person may file as a petition | 25 | | under this Article by filling in the blanks in the form with |
| | | 10000HB2723sam002 | - 5 - | LRB100 08926 MRW 26688 a |
|
| 1 | | his or her information shall contain the following: "WARNING: A | 2 | | person who is required to register under the Sex Offender | 3 | | Registration Act, Murderer and Violent Offender Against Youth | 4 | | Registration Act, or Arsonist Registration Act in this State or | 5 | | similar law in any other state who has not been pardoned | 6 | | commits a felony offense under those respective Acts by seeking | 7 | | to change his or her name during his or her registration | 8 | | period."
| 9 | | (Source: P.A. 87-409.)
| 10 | | (735 ILCS 5/21-102.5 new) | 11 | | Sec. 21-102.5. Notice; objection. | 12 | | (a) The circuit court clerk shall promptly
serve a copy of | 13 | | the petition on the State's Attorney where the petitioner | 14 | | resides. | 15 | | (b) The State's Attorney
may file an objection if the | 16 | | petitioner: | 17 | | (1) is the defendant in a pending criminal offense | 18 | | charge; or | 19 | | (2) has been convicted of identity theft, aggravated | 20 | | identity theft, felony or misdemeanor criminal
sexual | 21 | | abuse when the victim of the offense at the time of its | 22 | | commission is
under 18 years of age, felony or misdemeanor | 23 | | sexual exploitation of a child, felony or misdemeanor
| 24 | | indecent solicitation of a child, or felony or misdemeanor | 25 | | indecent solicitation of an
adult, and has not been |
| | | 10000HB2723sam002 | - 6 - | LRB100 08926 MRW 26688 a |
|
| 1 | | pardoned for the conviction. | 2 | | (c) All objections shall be in writing, shall be filed with | 3 | | the circuit court clerk, and shall state with specificity the | 4 | | basis of the objection. Objections to a petition must be filed | 5 | | within 30 days of the date of service of the petition upon the | 6 | | State's Attorney.
| 7 | | (735 ILCS 5/21-103) (from Ch. 110, par. 21-103)
| 8 | | Sec. 21-103. Notice by publication.
| 9 | | (a) Previous notice shall be given of the intended | 10 | | application by
publishing a notice thereof in some newspaper | 11 | | published in the municipality
in which the person resides if | 12 | | the municipality is in a county with a
population under | 13 | | 2,000,000, or if the person does not reside
in a municipality | 14 | | in a county with a population under 2,000,000,
or if no | 15 | | newspaper is published in the municipality or if the person | 16 | | resides
in a county with a population of 2,000,000 or more, | 17 | | then in some newspaper
published in the county where the person | 18 | | resides, or if no newspaper
is published in that county, then | 19 | | in some convenient newspaper published
in this State. The | 20 | | notice shall be inserted for 3 consecutive weeks after filing, | 21 | | the
first insertion to be at least 6 weeks before the return | 22 | | day upon which
the petition is to be heard, and shall be signed | 23 | | by the petitioner or, in
case of a minor, the minor's parent or | 24 | | guardian, and shall set
forth the return day of court on which | 25 | | the petition is to be heard and the
name sought to be assumed.
|
| | | 10000HB2723sam002 | - 7 - | LRB100 08926 MRW 26688 a |
|
| 1 | | (b) The publication requirement of subsection (a) shall not | 2 | | be
required in any application for a change of name involving a | 3 | | minor if,
before making judgment under this Article, reasonable | 4 | | notice and opportunity
to be heard is given to any parent whose | 5 | | parental rights have not been
previously terminated and to any | 6 | | person who has physical custody of the
child. If any of these | 7 | | persons are outside this State, notice and
opportunity to be | 8 | | heard shall be given under Section 21-104.
| 9 | | (c) The Director of State Police or his or her designee may | 10 | | apply to the
circuit court
for an order directing that the | 11 | | notice and publication requirements of
this Section be waived | 12 | | if the Director or his or her designee certifies that
the name | 13 | | change being sought is intended to protect a witness during and
| 14 | | following a criminal investigation or proceeding. The court may | 15 | | waive the publication requirement under subsection (a) and | 16 | | order that the record of the proceeding be designated | 17 | | confidential if the court finds good cause for entering such an | 18 | | order. Good cause includes, but is not limited to, evidence | 19 | | that publication or availability of a record of the proceeding | 20 | | will place the petitioner or another individual in physical | 21 | | danger and evidence that the petitioner or another individual | 22 | | has been the victim of stalking or assaultive behavior.
| 23 | | (Source: P.A. 94-147, eff. 1-1-06 .)
| 24 | | (735 ILCS 5/21-106 new) | 25 | | Sec. 21-106. Sealing. The court may
order that the records |
| | | 10000HB2723sam002 | - 8 - | LRB100 08926 MRW 26688 a |
|
| 1 | | of the clerk of the circuit court of a proceeding under this | 2 | | Article be sealed until further order of the court upon good | 3 | | cause shown. Good cause includes, but is not limited to, | 4 | | evidence
that availability of the records of the proceeding
| 5 | | will place the petitioner or another person in physical
danger; | 6 | | evidence that the petitioner or another person
has been the | 7 | | victim of stalking, domestic violence, or assaultive behavior; | 8 | | or evidence of certification by the Department of State Police | 9 | | under subsection (c) of Section 21-103 of this Article of the | 10 | | name change to protect a witness during or following a criminal | 11 | | investigation or proceeding. ".
|
|