Full Text of HB2542 102nd General Assembly
HB2542ham001 102ND GENERAL ASSEMBLY
Rep. Kelly M. Cassidy
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AMENDMENT TO HOUSE BILL 2542
AMENDMENT NO. ______. Amend House Bill 2542 on page 1,
line 7 after "school," by inserting "
on page 9, line 22 after "school," by inserting "
on page 13, by replacing line 1 with the following:
"changing Sections 21-101, 21-102, 21-102.5, and 21-103 as
on page 13, line 24 by deleting "
on page 14, line 10, after "
", by inserting "
on page 19, line 18, after "clerk," by inserting "
served upon the petitioner,
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on page 20 by deleting line 7 through line 12; and
on page 20 by replacing line 14 through line 16 with the
"(735 ILCS 5/21-103)
(from Ch. 110, par. 21-103)
Notice by publication.
(a) Previous notice shall be given of the intended
publishing a notice thereof in some newspaper
published in the municipality
in which the person resides if
the municipality is in a county with a
2,000,000, or if the person does not reside
in a municipality
in a county with a population under 2,000,000,
or if no
newspaper is published in the municipality or if the person
in a county with a population of 2,000,000 or more,
then in some newspaper
published in the county where the
person resides, or if no newspaper
is published in that
county, then in some convenient newspaper published
State. The notice shall be inserted for 3 consecutive weeks
after filing, the
first insertion to be at least 6 weeks before
the return day upon which
the petition is to be heard, and
shall be signed by the petitioner or, in
case of a minor, the
minor's parent or guardian, and shall set
forth the return day
of court on which the petition is to be heard and the
sought to be assumed.
(b) The publication requirement of subsection (a) shall
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required in any application for a change of name
involving a minor if,
before making judgment under this
Article, reasonable notice and opportunity
to be heard is
given to any parent whose parental rights have not been
previously terminated and to any person who has physical
custody of the
child. If any of these persons are outside this
State, notice and
opportunity to be heard shall be given under
(b-3) The publication requirement of subsection (a) shall
not be required in any application for a change of name
involving a person who has received a judgment for dissolution
of marriage or declaration of invalidity of marriage and
wishes to change his or her name to resume the use of his or
her former or maiden name.
Upon motion, the
court may issue an order
directing that the notice and publication requirement be
waived for a change of name involving a person who files with
the court a
statement, verified under oath as provided under
Section 1-109 of this Code,
person believes that publishing notice of the name change
be a hardship, including but not limited to, a negative
impact on the person's health or safety.
put the person at risk
of physical harm or discrimination. The person must provide
evidence to support the claim that publishing notice of the
name change would put the person at risk of physical harm or
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(b-6) In a case where waiver of the notice and publication
requirement is sought, the petition for waiver is presumed
granted and heard at the same hearing as the petition for name
change. The court retains discretion to determine whether a
hardship is shown and may order the petitioner to publish
(c) The Director of State Police or his or her designee may
apply to the
for an order directing that the
notice and publication requirements of
this Section be waived
if the Director or his or her designee certifies that
change being sought is intended to protect a witness during
following a criminal investigation or proceeding.
(c-1) The court may
enter a written order waiving the
publication requirement of subsection (a) if:
(i) the petitioner is 18 years of age or older; and
(ii) concurrent with the petition, the petitioner
files with the court a statement, verified under oath as
provided under Section 1-109 of this Code, 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, Article
112A of the Code of Criminal Procedure of 1963, a
condition of bail under subsections (b) through (d) of
Section 110-10 of the Code of Criminal Procedure of 1963,
or a similar provision of a law in another state or
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The petitioner may attach to the statement any supporting
documents, including relevant court orders.
(c-2) If the petitioner files a statement attesting that
disclosure of the petitioner's address would put the
petitioner or any member of the petitioner's family or
household at risk or reveal the confidential address of a
shelter for domestic violence victims, that address may be
omitted from all documents filed with the court, and the
petitioner may designate an alternative address for service.
(c-3) Court administrators may allow domestic abuse
advocates, rape crisis advocates, and victim advocates to
assist petitioners in the preparation of name changes under
(c-4) If the publication requirements of subsection (a)
have been waived, the circuit court shall enter an order
impounding the case.
(d) The maximum rate charged for publication of a notice
under this Section may not exceed the lowest classified rate
paid by commercial users for comparable space in the newspaper
in which the notice appears and shall include all cash
discounts, multiple insertion discounts, and similar benefits
extended to the newspaper's regular customers.
(Source: P.A. 100-520, eff. 1-1-18 (see Section 5 of P.A.
100-565 for the effective date of P.A. 100-520); 100-788, eff.
1-1-19; 100-966, eff. 1-1-19; 101-81, eff. 7-12-19; 101-203,