Full Text of HB3083 103rd General Assembly
HB3083 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB3083 Introduced 2/17/2023, by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: |
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735 ILCS 5/21-101 | from Ch. 110, par. 21-101 |
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Amends the Change of Name Article of the Code of Civil Procedure. Provides that if any person who is a resident of the State and has resided in the State for 6 months desires to change his or her name and to assume another name by which to be afterwards called and known for religious reasons, the person may file a notarized form with the Office of the Secretary of State to legally change his or her name claiming a religious exemption. Requires the Secretary of State to adopt rules to implement the provisions, and to create and make available the change of name form.
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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 21-101 as follows:
| 6 | | (735 ILCS 5/21-101) (from Ch. 110, par. 21-101)
| 7 | | Sec. 21-101. Proceedings; parties. | 8 | | (a) Except as provided in subsection (e), if If any person | 9 | | who is a resident of
this State and has resided in this State | 10 | | for 6 months desires to change his
or her name and to assume | 11 | | another name by which to be afterwards called and
known, the | 12 | | person may file a petition in the circuit court of the county
| 13 | | wherein he or she resides praying for that relief. | 14 | | (b) The
filing of a petition in accordance with this | 15 | | Section shall be the sole and
exclusive means by which any | 16 | | person committed under the laws of this State
to a penal | 17 | | institution may change his or her name and assume another
| 18 | | name. However, any person convicted of a felony in this State | 19 | | or any other
state
who has not been pardoned may not file a
| 20 | | petition for a name change until 10 years have passed since | 21 | | completion and
discharge from his or her sentence. A person | 22 | | who has been convicted of identity theft, aggravated identity | 23 | | theft, felony or misdemeanor criminal
sexual abuse when the |
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| 1 | | victim of the offense at the time of its commission is
under 18 | 2 | | years of age, felony or misdemeanor sexual exploitation of a | 3 | | child, felony or misdemeanor
indecent solicitation of a child, | 4 | | or felony or misdemeanor indecent solicitation of an
adult, or | 5 | | any other offense for which a person is required to register | 6 | | under the Sex Offender Registration Act in this State or any | 7 | | other state who has not been pardoned shall not be permitted to | 8 | | file a petition for a name change in the courts of Illinois. | 9 | | (c) A petitioner may include his or her
spouse
and adult | 10 | | unmarried children,
with their consent, and his or her minor | 11 | | children where it appears to the
court that it is for their | 12 | | best interest, in the petition and prayer, and
the court's | 13 | | order shall then include the spouse and children. Whenever any
| 14 | | minor has resided in the family of any person for the space of | 15 | | 3 years
and has been recognized and known as an adopted child | 16 | | in the family of
that person, the application herein provided | 17 | | for may be made by the person
having that minor in his or her | 18 | | family.
| 19 | | An order shall be entered as to a minor only if the court | 20 | | finds by
clear and convincing evidence that the change is | 21 | | necessary to serve the
best interest of the child. In | 22 | | determining the best interest of a minor
child under this | 23 | | Section, the court shall consider all relevant factors,
| 24 | | including:
| 25 | | (1) The wishes of the child's parents and any person | 26 | | acting as a parent
who has physical custody of the child.
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| 1 | | (2) The wishes of the child and the reasons for those | 2 | | wishes. The
court may interview the child in chambers to | 3 | | ascertain the child's wishes
with respect to the change of | 4 | | name. Counsel shall be present at the
interview unless | 5 | | otherwise agreed upon by the parties. The court shall
| 6 | | cause a court reporter to be present who shall make a | 7 | | complete record of
the interview instantaneously to be | 8 | | part of the record in the case.
| 9 | | (3) The interaction and interrelationship of the child | 10 | | with his or her
parents or persons acting as parents who | 11 | | have physical custody of the
child, step-parents, | 12 | | siblings, step-siblings, or any other person who may
| 13 | | significantly affect the child's best interest.
| 14 | | (4) The child's adjustment to his or her home, school, | 15 | | and community.
| 16 | | (d) If it appears to the
court that the conditions and | 17 | | requirements under this Article have been complied with and
| 18 | | that there is no reason why the prayer should not be granted, | 19 | | the court, by
an order to be entered of record, may direct and | 20 | | provide that the name of
that person be changed in accordance | 21 | | with the prayer in the petition. If the circuit court orders | 22 | | that a name change be granted to a person who has been | 23 | | adjudicated or convicted of a felony or misdemeanor offense | 24 | | under the laws of this State or any other state for which a | 25 | | pardon has not been granted, or has an arrest for which a | 26 | | charge has not been filed or a pending charge on a felony or |
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| 1 | | misdemeanor offense, a copy of the order, including a copy of | 2 | | each applicable access and review response, shall be forwarded | 3 | | to the Illinois State Police. The Illinois State Police shall | 4 | | update any criminal history transcript or offender | 5 | | registration of each person 18 years of age or older in the | 6 | | order to include the change of name as well as his or her | 7 | | former name. | 8 | | (e) If any person who is a resident of this State and has | 9 | | resided in this State for 6 months desires to change his or her | 10 | | name and to assume another name by which to be afterwards | 11 | | called and known for religious reasons, the person may file a | 12 | | notarized form with the Office of the Secretary of State, | 13 | | including with the Secretary of State's Driver Services | 14 | | Department, to legally change his or her name claiming a | 15 | | religious exemption. The Secretary of State shall adopt rules | 16 | | to implement this Section. The Secretary of State shall create | 17 | | and make available the change of name form to be used under | 18 | | this subsection. | 19 | | (Source: P.A. 102-538, eff. 8-20-21.)
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