Full Text of SB2330 100th General Assembly
SB2330 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB2330 Introduced 1/24/2018, by Sen. Toi W. Hutchinson SYNOPSIS AS INTRODUCED: |
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735 ILCS 5/21-103 | from Ch. 110, par. 21-103 |
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Amends the Code of Civil Procedure. Provides that the publication requirement in a petition for change of name shall be waived if: (i) the petitioner is 18 years of age or older; (ii) concurrent with the petition, the petitioner files with the court a statement, verified under oath, attesting that the petitioner is or has been a person protected under the Illinois Domestic Violence Act of 1986, the Stalking No Contact Order Act, the Civil No Contact Order Act, the stalking provisions of the Criminal Code of 2012, or a similar provision of a law in another state or jurisdiction; (iii) the petitioner attaches to the statement any supporting documents, including relevant court orders; and (iv) the circuit court, after reviewing the statement and supporting documents, enters an order waiving publication. Provides that, under certain circumstances, the petitioner's address may be omitted from court documents and the petitioner may designate an alternative address for service. Provides that court administrators may allow domestic abuse advocates to assist petitioners in the preparation of certain name change petitions. Provides that if publication requirements have been waived, the circuit court shall enter an order providing that any system operated by the judiciary that is designed to provide public case information electronically shall not make the petition publicly available.
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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 21-103 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 | 9 | | application by
publishing a notice thereof in some newspaper | 10 | | published in the municipality
in which the person resides if | 11 | | the municipality is in a county with a
population under | 12 | | 2,000,000, or if the person does not reside
in a municipality | 13 | | in a county with a population under 2,000,000,
or if no | 14 | | newspaper is published in the municipality or if the person | 15 | | resides
in a county with a population of 2,000,000 or more, | 16 | | then in some newspaper
published in the county where the person | 17 | | resides, or if no newspaper
is published in that county, then | 18 | | in some convenient newspaper published
in this State. The | 19 | | notice shall be inserted for 3 consecutive weeks after filing, | 20 | | the
first insertion to be at least 6 weeks before the return | 21 | | day upon which
the petition is to be heard, and shall be signed | 22 | | by the petitioner or, in
case of a minor, the minor's parent or | 23 | | guardian, and shall set
forth the return day of court on which |
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| 1 | | the petition is to be heard and the
name sought to be assumed.
| 2 | | (b) The publication requirement of subsection (a) shall not | 3 | | be
required in any application for a change of name involving a | 4 | | minor if,
before making judgment under this Article, reasonable | 5 | | notice and opportunity
to be heard is given to any parent whose | 6 | | parental rights have not been
previously terminated and to any | 7 | | person who has physical custody of the
child. If any of these | 8 | | persons are outside this State, notice and
opportunity to be | 9 | | heard shall be given under Section 21-104.
| 10 | | (c) The Director of State Police or his or her designee may | 11 | | apply to the
circuit court
for an order directing that the | 12 | | notice and publication requirements of
this Section be waived | 13 | | if the Director or his or her designee certifies that
the name | 14 | | change being sought is intended to protect a witness during and
| 15 | | following a criminal investigation or proceeding.
| 16 | | (c-1) The publication requirement of subsection (a) is not | 17 | | required in an application for a change of name if: | 18 | | (i) the petitioner is 18 years of age or older; | 19 | | (ii) concurrent with the petition, the petitioner | 20 | | files with the court a statement, verified under oath as | 21 | | provided under Section 1-109 of this Code, attesting that | 22 | | the petitioner is or has been a person protected under the | 23 | | Illinois Domestic Violence Act of 1986, the Stalking No | 24 | | Contact Order Act, the Civil No Contact Order Act, Section | 25 | | 12-7.3 of the Criminal Code of 2012, or a similar provision | 26 | | of a law in another state or jurisdiction; |
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| 1 | | (iii) the petitioner attaches to the statement any | 2 | | supporting documents, including relevant court orders; and | 3 | | (iv) the circuit court, after reviewing the statement | 4 | | and supporting documents, enters an order waiving | 5 | | publication. | 6 | | (c-2) If the petitioner files a statement attesting that | 7 | | disclosure of the petitioner's address would put the petitioner | 8 | | or any member of the petitioner's family or household at risk | 9 | | or reveal the confidential address of a shelter for domestic | 10 | | violence victims, that address may be omitted from all | 11 | | documents filed with the court, and the petitioner may | 12 | | designate an alternative address for service. | 13 | | (c-3) Court administrators may allow domestic abuse | 14 | | advocates to assist petitioners in the preparation of name | 15 | | changes under subsection (c-1). | 16 | | (c-4) If the publication requirements of subsection (a) are | 17 | | not required or have been waived, the circuit court shall enter | 18 | | an order providing that any system operated by the judiciary | 19 | | that is designed to provide public case information | 20 | | electronically shall not make the petition publicly available. | 21 | | (d) The maximum rate charged for publication of a notice | 22 | | under this Section may not exceed the lowest classified rate | 23 | | paid by commercial users for comparable space in the newspaper | 24 | | in which the notice appears and shall include all cash | 25 | | discounts, multiple insertion discounts, and similar benefits | 26 | | extended to the newspaper's regular customers. |
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| 1 | | (Source: P.A. 100-520, eff. 1-1-18 (see Section 5 of P.A. | 2 | | 100-565 for the effective date of P.A. 100-520).)
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