HB2542 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2542

 

Introduced 2/19/2021, by Rep. Kelly M. Cassidy

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 148/35
730 ILCS 148/65
730 ILCS 150/6
730 ILCS 150/10  from Ch. 38, par. 230
730 ILCS 154/30
730 ILCS 154/60
735 ILCS 5/21-101  from Ch. 110, par. 21-101
735 ILCS 5/21-102  from Ch. 110, par. 21-102
735 ILCS 5/21-102.5
735 ILCS 5/21-103 rep.
750 ILCS 5/413  from Ch. 40, par. 413

    Amends the Arsonist Registration Act, the Sex Offender Registration Act, and the Murderer and Violent Offender Against Youth Registration Act. Provides that a person required to register under the Act may change her or his name if the change is due to marriage, religious beliefs, status as a victim of trafficking or gender-related identity as defined by the Illinois Human Rights Act. Requires the person to report the name change within 10 days to the law enforcement agency with whom they last registered. Amends the Code of Civil Procedure. Provides further requirements for when name changes may and may not be granted. Provides that a petition for this change shall be a statewide, standardized form approved by the Illinois Supreme Court and include a warning about when a name change may be charged as a felony. Provides when an objection to the name change may be filed. Deletes notice by publication language.


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A BILL FOR

 

HB2542LRB102 14888 KMF 20241 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Arsonist Registration Act is amended by
5changing Sections 35 and 65 as follows:
 
6    (730 ILCS 148/35)
7    Sec. 35. Duty to report change of address, school, or
8employment. Any person who is required to register under this
9Act shall report in person to the appropriate law enforcement
10agency with whom he or she last registered within one year from
11the date of last registration and every year thereafter. If
12any person required to register under this Act changes his or
13her residence address, place of employment, or school, he or
14she shall, in writing, within 10 days inform the law
15enforcement agency with whom he or she last registered of his
16or her new address, change in employment, or school and
17register with the appropriate law enforcement agency within
18the time period specified in Section 10. Any person who is
19required to register under this Act and is granted a legal name
20change pursuant to subsection (b) of Section 21-101 of the
21Code of Civil Procedure shall, in writing, within 10 days
22inform the law enforcement agency with whom they last
23registered of their name change. The law enforcement agency

 

 

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1shall, within 3 days of receipt, notify the Department of
2State Police and the law enforcement agency having
3jurisdiction of the new place of residence, change in
4employment, or school. If any person required to register
5under this Act establishes a residence or employment outside
6of the State of Illinois, within 10 days after establishing
7that residence or employment, he or she shall, in writing,
8inform the law enforcement agency with which he or she last
9registered of his or her out-of-state residence or employment.
10The law enforcement agency with which such person last
11registered shall, within 3 days notice of an address or
12employment change, notify the Department of State Police. The
13Department of State Police shall forward such information to
14the out-of-state law enforcement agency having jurisdiction in
15the form and manner prescribed by the Department of State
16Police.
17(Source: P.A. 93-949, eff. 1-1-05.)
 
18    (730 ILCS 148/65)
19    Sec. 65. Penalty. Any person who is required to register
20under this Act who violates any of the provisions of this Act
21and any person who is required to register under this Act who
22seeks to change his or her name under Article XXI of the Code
23of Civil Procedure is guilty of a Class 4 felony unless, as
24provided under Section 21-101 of the Code of Civil Procedure,
25that person verifies under oath that the petition for the name

 

 

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1change is due to marriage, religious beliefs, status as a
2victim of trafficking or gender-related identity as defined by
3the Illinois Human Rights Act. Any person who is required to
4register under this Act who knowingly or wilfully gives
5material information required by this Act that is false is
6guilty of a Class 3 felony. Any person convicted of a violation
7of any provision of this Act shall, in addition to any other
8penalty required by law, be required to serve a minimum period
9of 7 days confinement in the local county jail. The court shall
10impose a mandatory minimum fine of $500 for failure to comply
11with any provision of this Act. These fines shall be deposited
12in the Arsonist Registration Fund. An arsonist who violates
13any provision of this Act may be tried in any Illinois county
14where the arsonist can be located.
15(Source: P.A. 99-78, eff. 7-20-15.)
 
16    Section 10. The Sex Offender Registration Act is amended
17by changing Sections 6 and 10 as follows:
 
18    (730 ILCS 150/6)
19    Sec. 6. Duty to report; change of address, school, name or
20employment; duty to inform. A person who has been adjudicated
21to be sexually dangerous or is a sexually violent person and is
22later released, or found to be no longer sexually dangerous or
23no longer a sexually violent person and discharged, or
24convicted of a violation of this Act after July 1, 2005, shall

 

 

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1report in person to the law enforcement agency with whom he or
2she last registered no later than 90 days after the date of his
3or her last registration and every 90 days thereafter and at
4such other times at the request of the law enforcement agency
5not to exceed 4 times a year. Such sexually dangerous or
6sexually violent person must report all new or changed e-mail
7addresses, all new or changed instant messaging identities,
8all new or changed chat room identities, and all other new or
9changed Internet communications identities that the sexually
10dangerous or sexually violent person uses or plans to use, all
11new or changed Uniform Resource Locators (URLs) registered or
12used by the sexually dangerous or sexually violent person, and
13all new or changed blogs and other Internet sites maintained
14by the sexually dangerous or sexually violent person or to
15which the sexually dangerous or sexually violent person has
16uploaded any content or posted any messages or information.
17Any person who lacks a fixed residence must report weekly, in
18person, to the appropriate law enforcement agency where the
19sex offender is located. Any other person who is required to
20register under this Article shall report in person to the
21appropriate law enforcement agency with whom he or she last
22registered within one year from the date of last registration
23and every year thereafter and at such other times at the
24request of the law enforcement agency not to exceed 4 times a
25year. If any person required to register under this Article
26lacks a fixed residence or temporary domicile, he or she must

 

 

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1notify, in person, the agency of jurisdiction of his or her
2last known address within 3 days after ceasing to have a fixed
3residence and if the offender leaves the last jurisdiction of
4residence, he or she, must within 3 days after leaving
5register in person with the new agency of jurisdiction. If any
6other person required to register under this Article changes
7his or her residence address, place of employment, telephone
8number, cellular telephone number, or school, he or she shall
9report in person, to the law enforcement agency with whom he or
10she last registered, his or her new address, change in
11employment, telephone number, cellular telephone number, or
12school, all new or changed e-mail addresses, all new or
13changed instant messaging identities, all new or changed chat
14room identities, and all other new or changed Internet
15communications identities that the sex offender uses or plans
16to use, all new or changed Uniform Resource Locators (URLs)
17registered or used by the sex offender, and all new or changed
18blogs and other Internet sites maintained by the sex offender
19or to which the sex offender has uploaded any content or posted
20any messages or information, and register, in person, with the
21appropriate law enforcement agency within the time period
22specified in Section 3. If any person required to register
23under this Article is granted a legal name change pursuant to
24subsection (b) of Section 21-101 of the Code of Civil
25Procedure they shall report, in person, within 3 days of their
26legal name change, to the law enforcement agency with whom

 

 

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1they last registered. If the sex offender is a child sex
2offender as defined in Section 11-9.3 or 11-9.4 of the
3Criminal Code of 1961 or the Criminal Code of 2012, the sex
4offender shall within 3 days after beginning to reside in a
5household with a child under 18 years of age who is not his or
6her own child, provided that his or her own child is not the
7victim of the sex offense, report that information to the
8registering law enforcement agency. The law enforcement agency
9shall, within 3 days of the reporting in person by the person
10required to register under this Article, notify the Department
11of State Police of the new place of residence, change in
12employment, telephone number, cellular telephone number, or
13school.
14    If any person required to register under this Article
15intends to establish a residence or employment outside of the
16State of Illinois, at least 10 days before establishing that
17residence or employment, he or she shall report in person to
18the law enforcement agency with which he or she last
19registered of his or her out-of-state intended residence or
20employment. The law enforcement agency with which such person
21last registered shall, within 3 days after the reporting in
22person of the person required to register under this Article
23of an address or employment change, notify the Department of
24State Police. The Department of State Police shall forward
25such information to the out-of-state law enforcement agency
26having jurisdiction in the form and manner prescribed by the

 

 

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1Department of State Police.
2(Source: P.A. 96-1094, eff. 1-1-11; 96-1104, eff. 1-1-11;
397-333, eff. 8-12-11; 97-1150, eff. 1-25-13.)
 
4    (730 ILCS 150/10)  (from Ch. 38, par. 230)
5    Sec. 10. Penalty.
6    (a) Any person who is required to register under this
7Article who violates any of the provisions of this Article and
8any person who is required to register under this Article who
9seeks to change his or her name under Article XXI of the Code
10of Civil Procedure is guilty of a Class 3 felony, unless, as
11provided under Section 21-101 of the Code of Civil Procedure
12that person verifies under oath that the petition for the name
13change is due to marriage, religious beliefs, status as a
14victim of trafficking or gender-related identity as defined by
15the Illinois Human Rights Act. Any person who is convicted for
16a violation of this Act for a second or subsequent time is
17guilty of a Class 2 felony, unless, as provided under Section
1821-101 of the Code of Civil Procedure that person verifies
19under oath that the petition for the name change is due to
20marriage, religious beliefs, status as a victim of trafficking
21or gender-related identity as defined by the Illinois Human
22Rights Act. Any person who is required to register under this
23Article who knowingly or willfully gives material information
24required by this Article that is false is guilty of a Class 3
25felony. Any person convicted of a violation of any provision

 

 

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1of this Article shall, in addition to any other penalty
2required by law, be required to serve a minimum period of 7
3days confinement in the local county jail. The court shall
4impose a mandatory minimum fine of $500 for failure to comply
5with any provision of this Article. These fines shall be
6deposited in the Offender Registration Fund. Any sex offender,
7as defined in Section 2 of this Act, or sexual predator who
8violates any provision of this Article may be arrested and
9tried in any Illinois county where the sex offender can be
10located. The local police department or sheriff's office is
11not required to determine whether the person is living within
12its jurisdiction.
13    (b) Any person, not covered by privilege under Part 8 of
14Article VIII of the Code of Civil Procedure or the Illinois
15Supreme Court's Rules of Professional Conduct, who has reason
16to believe that a sexual predator is not complying, or has not
17complied, with the requirements of this Article and who, with
18the intent to assist the sexual predator in eluding a law
19enforcement agency that is seeking to find the sexual predator
20to question the sexual predator about, or to arrest the sexual
21predator for, his or her noncompliance with the requirements
22of this Article is guilty of a Class 3 felony if he or she:
23        (1) provides false information to the law enforcement
24    agency having jurisdiction about the sexual predator's
25    noncompliance with the requirements of this Article, and,
26    if known, the whereabouts of the sexual predator;

 

 

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1        (2) harbors, or attempts to harbor, or assists another
2    person in harboring or attempting to harbor, the sexual
3    predator; or
4        (3) conceals or attempts to conceal, or assists
5    another person in concealing or attempting to conceal, the
6    sexual predator.
7    (c) Subsection (b) does not apply if the sexual predator
8is incarcerated in or is in the custody of a State correctional
9facility, a private correctional facility, a county or
10municipal jail, a State mental health facility or a State
11treatment and detention facility, or a federal correctional
12facility.
13    (d) Subsections (a) and (b) do not apply if the sex
14offender accurately registered his or her Internet protocol
15address under this Act, and the address subsequently changed
16without his or her knowledge or intent.
17(Source: P.A. 101-571, eff. 8-23-19.)
 
18    Section 15. The Murderer and Violent Offender Against
19Youth Registration Act is amended by changing Sections 30 and
2060 as follows:
 
21    (730 ILCS 154/30)
22    Sec. 30. Duty to report; change of address, school, or
23employment; duty to inform. Any violent offender against
24youth who is required to register under this Act shall report

 

 

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1in person to the appropriate law enforcement agency with whom
2he or she last registered within one year from the date of last
3registration and every year thereafter and at such other times
4at the request of the law enforcement agency not to exceed 4
5times a year. If any person required to register under this Act
6lacks a fixed residence or temporary domicile, he or she must
7notify, in person, the agency of jurisdiction of his or her
8last known address within 5 days after ceasing to have a fixed
9residence and if the offender leaves the last jurisdiction of
10residence, he or she must, within 48 hours after leaving,
11register in person with the new agency of jurisdiction. If any
12other person required to register under this Act changes his
13or her residence address, place of employment, or school, he
14or she shall report in person to the law enforcement agency
15with whom he or she last registered of his or her new address,
16change in employment, or school and register, in person, with
17the appropriate law enforcement agency within the time period
18specified in Section 10. The law enforcement agency shall,
19within 3 days of the reporting in person by the person required
20to register under this Act, notify the Department of State
21Police of the new place of residence, change in employment, or
22school. If any person required to register under this Act is
23granted a legal name change pursuant to subsection (b) of
24Section 21-101 of the Code of Civil Procedure they shall
25report, in person, within 5 days of receiving their legal name
26change order, their legal name change to the law enforcement

 

 

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1agency with whom they last registered.
2    If any person required to register under this Act intends
3to establish a residence or employment outside of the State of
4Illinois, at least 10 days before establishing that residence
5or employment, he or she shall report in person to the law
6enforcement agency with which he or she last registered of his
7or her out-of-state intended residence or employment. The law
8enforcement agency with which such person last registered
9shall, within 3 days after the reporting in person of the
10person required to register under this Act of an address or
11employment change, notify the Department of State Police. The
12Department of State Police shall forward such information to
13the out-of-state law enforcement agency having jurisdiction in
14the form and manner prescribed by the Department of State
15Police.
16(Source: P.A. 94-945, eff. 6-27-06.)
 
17    (730 ILCS 154/60)
18    Sec. 60. Penalty. Any person who is required to register
19under this Act who violates any of the provisions of this Act
20and any person who is required to register under this Act who
21seeks to change his or her name under Article XXI of the Code
22of Civil Procedure is guilty of a Class 3 felony unless, as
23provided under Section 21-101 of the Code of Civil Procedure,
24that person verifies under oath that the petition for the name
25change is due to marriage, religious beliefs, status as a

 

 

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1victim of trafficking or gender-related identity as defined by
2the Illinois Human Rights Act. Any person who is convicted for
3a violation of this Act for a second or subsequent time is
4guilty of a Class 2 felony unless, as provided under Section
521-101 of the Code of Civil Procedure that person verifies
6under oath that the petition for the name change is due to
7marriage, religious beliefs, status as a victim of trafficking
8or gender-related identity as defined by the Illinois Human
9Rights Act. Any person who is required to register under this
10Act who knowingly or willfully gives material information
11required by this Act that is false is guilty of a Class 3
12felony. Any person convicted of a violation of any provision
13of this Act shall, in addition to any other penalty required by
14law, be required to serve a minimum period of 7 days
15confinement in the local county jail. The court shall impose a
16mandatory minimum fine of $500 for failure to comply with any
17provision of this Act. These fines shall be deposited into the
18Offender Registration Fund. Any violent offender against youth
19who violates any provision of this Act may be arrested and
20tried in any Illinois county where the violent offender
21against youth can be located. The local police department or
22sheriff's office is not required to determine whether the
23person is living within its jurisdiction.
24(Source: P.A. 101-571, eff. 8-23-19.)
 
25    Section 20. The Code of Civil Procedure is amended by

 

 

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1changing Sections 21-101, 21-102, and 21-102.5 as follows:
 
2    (735 ILCS 5/21-101)  (from Ch. 110, par. 21-101)
3    Sec. 21-101. Proceedings; parties.
4    (a) If any person who is a resident of this State and has
5resided in this State for 6 months desires to change his or her
6name and to assume another name by which to be afterwards
7called and known, the person may file a petition requesting
8that relief in the circuit court of the county wherein he or
9she resides praying for that relief.
10    (b) A person who has been convicted of any offense for
11which a person is required to register under the Sex Offender
12Registration Act, the Murderer and Violent Offender Against
13Youth Registration Act, or the Arsonist Registration Act in
14this State or any other state and who has not been pardoned is
15not permitted to file a petition for a name change in the
16courts of this State during the period that the person is
17required to register, unless that person verifies under oath,
18as provided under Section 1-109, that the petition for the
19name change is due to marriage, religious beliefs, status as a
20victim of trafficking or gender-related identity as defined by
21the Illinois Human Rights Act. A judge may grant or deny the
22request for legal name change filed by such persons. Any such
23persons granted a legal name change shall report the change
24and to the law enforcement agency having jurisdiction of their
25current registration pursuant to the Duty to Report

 

 

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1requirements specified in Section 35 of the Arsonist
2Registration Act, Section 20 of the Murderer and Violent
3Offender Against Youth Registration Act, and Section 6 of the
4Sex Offender Registration Act. For the purposes of this
5subsection, a person will not face a felony charge if the
6person's request for legal name change is denied without proof
7of perjury.
8    (b-1) A person who has been convicted of a felony offense
9in this State or any other state and whose sentence has not
10been completed or discharged is not permitted to file a
11petition for a name change in the courts of this State unless
12that person is pardoned for the offense. The filing of a
13petition in accordance with this Section shall be the sole and
14exclusive means by which any person committed under the laws
15of this State to a penal institution may change his or her name
16and assume another name. However, any person convicted of a
17felony in this State or any other state who has not been
18pardoned may not file a petition for a name change until 10
19years have passed since completion and discharge from his or
20her sentence. A person who has been convicted of identity
21theft, aggravated identity theft, felony or misdemeanor
22criminal sexual abuse when the victim of the offense at the
23time of its commission is under 18 years of age, felony or
24misdemeanor sexual exploitation of a child, felony or
25misdemeanor indecent solicitation of a child, or felony or
26misdemeanor indecent solicitation of an adult, or any other

 

 

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1offense for which a person is required to register under the
2Sex Offender Registration Act in this State or any other state
3who has not been pardoned shall not be permitted to file a
4petition for a name change in the courts of Illinois.
5    (c) A petitioner may include his or her spouse and adult
6unmarried children, with their consent, and his or her minor
7children where it appears to the court that it is for their
8best interest, in the petition and relief requested prayer,
9and the court's order shall then include the spouse and
10children. Whenever any minor has resided in the family of any
11person for the space of 3 years and has been recognized and
12known as an adopted child in the family of that person, the
13application herein provided for may be made by the person
14having that minor in his or her family.
15    An order shall be entered as to a minor only if the court
16finds by clear and convincing evidence that the change is
17necessary to serve the best interest of the child. In
18determining the best interest of a minor child under this
19Section, the court shall consider all relevant factors,
20including:
21        (1) The wishes of the child's parents and any person
22    acting as a parent who has physical custody of the child.
23        (2) The wishes of the child and the reasons for those
24    wishes. The court may interview the child in chambers to
25    ascertain the child's wishes with respect to the change of
26    name. Counsel shall be present at the interview unless

 

 

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1    otherwise agreed upon by the parties. The court shall
2    cause a court reporter to be present who shall make a
3    complete record of the interview instantaneously to be
4    part of the record in the case.
5        (3) The interaction and interrelationship of the child
6    with his or her parents or persons acting as parents who
7    have physical custody of the child, step-parents,
8    siblings, step-siblings, or any other person who may
9    significantly affect the child's best interest.
10        (4) The child's adjustment to his or her home, school,
11    and community.
12    (d) If it appears to the court that the conditions and
13requirements under this Article have been complied with and
14that there is no reason why the relief requested prayer should
15not be granted, the court, by an order to be entered of record,
16may direct and provide that the name of that person be changed
17in accordance with the relief requested prayer in the
18petition. If the circuit court orders that a name change be
19granted to a person who has been adjudicated or convicted of a
20felony or misdemeanor offense under the laws of this State or
21any other state for which a pardon has not been granted, or has
22an arrest for which a charge has not been filed or a pending
23charge on a felony or misdemeanor offense, a copy of the order,
24including a copy of each applicable access and review
25response, shall be forwarded to the Department of State
26Police. The Department of State Police shall update any

 

 

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1criminal history transcript or offender registration of each
2person 18 years of age or older in the order to include the
3change of name as well as his or her former name.
4(Source: P.A. 100-370, eff. 1-1-18.)
 
5    (735 ILCS 5/21-102)  (from Ch. 110, par. 21-102)
6    Sec. 21-102. Petition; update criminal history transcript.
7    (a) The petition shall be a statewide standardized form
8approved by the Illinois Supreme Court and shall set forth the
9name then held, the name sought to be assumed, the residence of
10the petitioner, the length of time the petitioner has resided
11in this State, and the state or country of the petitioner's
12nativity or supposed nativity. The petition shall include a
13statement, verified under oath as provided under Section 1-109
14of this Code, whether or not the petitioner or any other person
1518 years of age or older who will be subject to a change of
16name under the petition if granted: (1) has been adjudicated
17or convicted of a felony or misdemeanor offense under the laws
18of this State or any other state for which a pardon has not
19been granted; or (2) has an arrest for which a charge has not
20been filed or a pending charge on a felony or misdemeanor
21offense. The petition shall be signed by the person
22petitioning or, in case of minors, by the parent or guardian
23having the legal custody of the minor. The petition shall be
24verified by the affidavit of some credible person.
25    (b) If the statement provided under subsection (a) of this

 

 

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1Section indicates the petitioner or any other person 18 years
2of age or older who will be subject to a change of name under
3the petition, if granted, has been adjudicated or convicted of
4a felony or misdemeanor offense under the laws of this State or
5any other state for which a pardon has not been granted, or has
6an arrest for which a charge has not been filed or a pending
7charge on a felony or misdemeanor offense, the State's
8Attorney may request the court to or the court may on its own
9motion, require the person, prior to a hearing on the
10petition, to initiate an update of his or her criminal history
11transcript with the Department of State Police. The Department
12shall allow a person to use the Access and Review process,
13established by rule in the Department, for this purpose. Upon
14completion of the update of the criminal history transcript,
15the petitioner shall file confirmation of each update with the
16court, which shall seal the records from disclosure outside of
17court proceedings on the petition.
18    (c) Any petition filed under subsection (a) shall include
19the following: "WARNING: If you are required to register under
20the Sex Offender Registration Act, the Murderer and Violent
21Offender Against Youth Registration Act, or the Arsonist
22Registration Act in this State or a similar law in any other
23state and have not been pardoned, you will be committing a
24felony under those respective Acts by seeking a change of name
25during the registration period UNLESS your request for legal
26name change is due to marriage, religious beliefs, status as a

 

 

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1victim of trafficking or gender related identity as defined by
2the Illinois Human Rights Act.".
3(Source: P.A. 100-370, eff. 1-1-18.)
 
4    (735 ILCS 5/21-102.5)
5    Sec. 21-102.5. Notice; objection.
6    (a) The circuit court clerk shall promptly serve a copy of
7the petition on the State's Attorney and the Department of
8State Police if the statement provided under subsection (a) of
9Section 21-102 indicates that the petitioner, or any other
10person 18 years of age or older who will be subject to a change
11of name under the petition, has been adjudicated or convicted
12of a felony or misdemeanor offense under the laws of this State
13or any other state for which a pardon has not been granted, or
14has an arrest for which a charge has not been filed or a
15pending charge on a felony or misdemeanor offense.
16    (b) The State's Attorney may file an objection to the
17petition. All objections shall be in writing, shall be filed
18with the circuit court clerk, and shall state with specificity
19the basis of the objection. Objections to a petition must be
20filed within 30 days of the date of service of the petition
21upon the State's Attorney if the petitioner: .
22        (1) is the defendant in a pending criminal offense
23    charge; or
24        (2) has been convicted of identity theft, aggravated
25    identity theft, felony or misdemeanor criminal sexual

 

 

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1    abuse when the victim of the offense at the time of its
2    commission is under 18 years of age, felony or misdemeanor
3    sexual exploitation of a child, felony or misdemeanor
4    indecent solicitation of a child, or felony or misdemeanor
5    indecent solicitation of an adult, and has not been
6    pardoned for the conviction.
7    (c) All objections shall be in writing, shall be filed
8with the circuit court clerk, shall be served upon the
9petitioner, and shall state with specificity the basis of the
10objection. Objections to a petition shall be filed within 30
11days of the date of service of the petition upon the State's
12Attorney.
13(Source: P.A. 100-370, eff. 1-1-18.)
 
14    (735 ILCS 5/21-103 rep.)
15    Section 25. The Code of Civil Procedure is amended by
16repealing Section 21-103.
 
17    Section 30. The Illinois Marriage and Dissolution of
18Marriage Act is amended by changing Section 413 as follows:
 
19    (750 ILCS 5/413)  (from Ch. 40, par. 413)
20    Sec. 413. Judgment.
21    (a) A judgment of dissolution of marriage or of legal
22separation or of declaration of invalidity of marriage shall
23be entered within 60 days of the closing of proofs; however, if

 

 

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1the court enters an order specifying good cause as to why the
2court needs an additional 30 days, the judgment shall be
3entered within 90 days of the closing of proofs, including any
4hearing under subsection (j) of Section 503 of this Act and
5submission of closing arguments. A judgment of dissolution of
6marriage or of legal separation or of declaration of
7invalidity of marriage is final when entered, subject to the
8right of appeal. An appeal from the judgment of dissolution of
9marriage that does not challenge the finding as to grounds
10does not delay the finality of that provision of the judgment
11which dissolves the marriage, beyond the time for appealing
12from that provision, and either of the parties may remarry
13pending appeal. An order requiring maintenance or support of a
14spouse or a minor child or children entered under this Act or
15any other law of this State shall not be suspended or the
16enforcement thereof stayed pending the filing and resolution
17of post-judgment motions or an appeal.
18    (b) The clerk of the court shall give notice of the entry
19of a judgment of dissolution of marriage or legal separation
20or a declaration of invalidity of marriage:
21        (1) if the marriage is registered in this State, to
22    the county clerk of the county where the marriage is
23    registered, who shall enter the fact of dissolution of
24    marriage or legal separation or declaration of invalidity
25    of marriage in the marriage registry; and within 45 days
26    after the close of the month in which the judgment is

 

 

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1    entered, the clerk shall forward the certificate to the
2    Department of Public Health on a form furnished by the
3    Department; or
4        (2) if the marriage is registered in another
5    jurisdiction, to the appropriate official of that
6    jurisdiction, with the request that he enter the fact of
7    dissolution of marriage or legal separation or declaration
8    of invalidity of marriage in the appropriate record.
9    (c) Unless the person whose marriage is dissolved or
10declared invalid requests otherwise, the judgment under this
11Section shall contain a provision authorizing the person to
12resume the use of his or her former or maiden name, should he
13or she choose to do so, at any time he or she chooses to do so.
14If a judgment contains such a provision, the person resuming
15the use of his or her former or maiden name is not required to
16file a petition for a change of name under Article XXI of the
17Code of Civil Procedure.
18    If a person whose marriage is dissolved or declared
19invalid chooses to resume the use of his or her former or
20maiden name, he or she is not required to provide notice by
21publication pursuant to subsection (a) of Section 21-103 of
22the Code of Civil Procedure.
23    (d) A judgment of dissolution of marriage or legal
24separation, if made, shall be awarded to both of the parties,
25and shall provide that it affects the status previously
26existing between the parties in the manner adjudged.

 

 

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1(Source: P.A. 100-520, eff. 1-1-18 (see Section 5 of P.A.
2100-565 for the effective date of P.A. 100-520); 101-203, eff.
31-1-20.)