Illinois General Assembly - Full Text of HB2542
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Full Text of HB2542  102nd General Assembly

HB2542ham001 102ND GENERAL ASSEMBLY

Rep. Kelly M. Cassidy

Filed: 4/13/2021

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2542

2    AMENDMENT NO. ______. Amend House Bill 2542 on page 1,
3line 7 after "school," by inserting "name,"; and
 
4on page 9, line 22 after "school," by inserting "name"; and
 
5on page 13, by replacing line 1 with the following:
6"changing Sections 21-101, 21-102, 21-102.5, and 21-103 as
7follows:"; and
 
8on page 13, line 24 by deleting "and"; and
 
9on page 14, line 10, after "completed", by inserting ",
10terminated,"; and
 
11on page 19, line 18, after "clerk," by inserting "shall be
12served upon the petitioner,"; and
 

 

 

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1on page 20 by deleting line 7 through line 12; and
 
2on page 20 by replacing line 14 through line 16 with the
3following:
 
4    "(735 ILCS 5/21-103)  (from Ch. 110, par. 21-103)
5    Sec. 21-103. Notice by publication.
6    (a) Previous notice shall be given of the intended
7application by publishing a notice thereof in some newspaper
8published in the municipality in which the person resides if
9the municipality is in a county with a population under
102,000,000, or if the person does not reside in a municipality
11in a county with a population under 2,000,000, or if no
12newspaper is published in the municipality or if the person
13resides in a county with a population of 2,000,000 or more,
14then in some newspaper published in the county where the
15person resides, or if no newspaper is published in that
16county, then in some convenient newspaper published in this
17State. The notice shall be inserted for 3 consecutive weeks
18after filing, the first insertion to be at least 6 weeks before
19the return day upon which the petition is to be heard, and
20shall be signed by the petitioner or, in case of a minor, the
21minor's parent or guardian, and shall set forth the return day
22of court on which the petition is to be heard and the name
23sought to be assumed.
24    (b) The publication requirement of subsection (a) shall

 

 

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1not be required in any application for a change of name
2involving a minor if, before making judgment under this
3Article, reasonable notice and opportunity to be heard is
4given to any parent whose parental rights have not been
5previously terminated and to any person who has physical
6custody of the child. If any of these persons are outside this
7State, notice and opportunity to be heard shall be given under
8Section 21-104.
9    (b-3) The publication requirement of subsection (a) shall
10not be required in any application for a change of name
11involving a person who has received a judgment for dissolution
12of marriage or declaration of invalidity of marriage and
13wishes to change his or her name to resume the use of his or
14her former or maiden name.
15    (b-5) The Upon motion, the court may issue an order
16directing that the notice and publication requirement be
17waived for a change of name involving a person who files with
18the court a statement, verified under oath as provided under
19Section 1-109 of this Code, written declaration that the
20person believes that publishing notice of the name change
21would be a hardship, including but not limited to, a negative
22impact on the person's health or safety. put the person at risk
23of physical harm or discrimination. The person must provide
24evidence to support the claim that publishing notice of the
25name change would put the person at risk of physical harm or
26discrimination.

 

 

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1    (b-6) In a case where waiver of the notice and publication
2requirement is sought, the petition for waiver is presumed
3granted and heard at the same hearing as the petition for name
4change. The court retains discretion to determine whether a
5hardship is shown and may order the petitioner to publish
6thereafter.
7    (c) The Director of State Police or his or her designee may
8apply to the circuit court for an order directing that the
9notice and publication requirements of this Section be waived
10if the Director or his or her designee certifies that the name
11change being sought is intended to protect a witness during
12and following a criminal investigation or proceeding.
13    (c-1) The court may also enter a written order waiving the
14publication requirement of subsection (a) if:
15        (i) the petitioner is 18 years of age or older; and
16        (ii) concurrent with the petition, the petitioner
17    files with the court a statement, verified under oath as
18    provided under Section 1-109 of this Code, attesting that
19    the petitioner is or has been a person protected under the
20    Illinois Domestic Violence Act of 1986, the Stalking No
21    Contact Order Act, the Civil No Contact Order Act, Article
22    112A of the Code of Criminal Procedure of 1963, a
23    condition of bail under subsections (b) through (d) of
24    Section 110-10 of the Code of Criminal Procedure of 1963,
25    or a similar provision of a law in another state or
26    jurisdiction.

 

 

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1    The petitioner may attach to the statement any supporting
2documents, including relevant court orders.
3    (c-2) If the petitioner files a statement attesting that
4disclosure of the petitioner's address would put the
5petitioner or any member of the petitioner's family or
6household at risk or reveal the confidential address of a
7shelter for domestic violence victims, that address may be
8omitted from all documents filed with the court, and the
9petitioner may designate an alternative address for service.
10    (c-3) Court administrators may allow domestic abuse
11advocates, rape crisis advocates, and victim advocates to
12assist petitioners in the preparation of name changes under
13subsection (c-1).
14    (c-4) If the publication requirements of subsection (a)
15have been waived, the circuit court shall enter an order
16impounding the case.
17    (d) The maximum rate charged for publication of a notice
18under this Section may not exceed the lowest classified rate
19paid by commercial users for comparable space in the newspaper
20in which the notice appears and shall include all cash
21discounts, multiple insertion discounts, and similar benefits
22extended to the newspaper's regular customers.
23(Source: P.A. 100-520, eff. 1-1-18 (see Section 5 of P.A.
24100-565 for the effective date of P.A. 100-520); 100-788, eff.
251-1-19; 100-966, eff. 1-1-19; 101-81, eff. 7-12-19; 101-203,
26eff. 1-1-20.)".