Illinois General Assembly - Full Text of SB0574
Illinois General Assembly

Previous General Assemblies

Full Text of SB0574  100th General Assembly


Sen. Melinda Bush

Filed: 4/11/2018





10000SB0574sam001LRB100 04832 HEP 38282 a


2    AMENDMENT NO. ______. Amend Senate Bill 574 by replacing
3everything after the enacting clause with the following:
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



10000SB0574sam001- 2 -LRB100 04832 HEP 38282 a

1resides, or if no newspaper is published in that county, then
2in some convenient newspaper published in this State. The
3notice shall be inserted for 3 consecutive weeks after filing,
4the first insertion to be at least 6 weeks before the return
5day upon which the petition is to be heard, and shall be signed
6by the petitioner or, in case of a minor, the minor's parent or
7guardian, and shall set forth the return day of court on which
8the petition is to be heard and the name sought to be assumed.
9    (b) The publication requirement of subsection (a) shall not
10be required in any application for a change of name involving a
11minor if, before making judgment under this Article, reasonable
12notice and opportunity to be heard is given to any parent whose
13parental rights have not been previously terminated and to any
14person who has physical custody of the child. If any of these
15persons are outside this State, notice and opportunity to be
16heard shall be given under Section 21-104.
17    (b-5) The publication requirement of subsection (a) is not
18required in any application for a change of name involving a
19person who files with the court a written declaration, made
20under penalty of perjury by a licensed health care professional
21or licensed mental health professional who has treated or
22evaluated the person seeking a change of name, stating that the
23person has an intersex condition or has undergone treatment
24that is clinically appropriate for that individual for the
25purpose of gender transition, based on contemporary medical



10000SB0574sam001- 3 -LRB100 04832 HEP 38282 a

1    (c) The Director of State Police or his or her designee may
2apply to the circuit court for an order directing that the
3notice and publication requirements of this Section be waived
4if the Director or his or her designee certifies that the name
5change being sought is intended to protect a witness during and
6following a criminal investigation or proceeding.
7    (d) The maximum rate charged for publication of a notice
8under this Section may not exceed the lowest classified rate
9paid by commercial users for comparable space in the newspaper
10in which the notice appears and shall include all cash
11discounts, multiple insertion discounts, and similar benefits
12extended to the newspaper's regular customers.
13(Source: P.A. 100-520, eff. 1-1-18 (see Section 5 of P.A.
14100-565 for the effective date of P.A. 100-520).)".