Full Text of SB0574 100th General Assembly
SB0574enr 100TH GENERAL ASSEMBLY |
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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 | | (b-5) Upon motion, the court may issue an order directing | 11 | | that the notice and publication requirement be waived for a | 12 | | change of name involving a person who files with the court a | 13 | | written declaration that the person believes that publishing | 14 | | notice of the name change would put the person at risk of | 15 | | physical harm or discrimination. The person must provide | 16 | | evidence to support the claim that publishing notice of the | 17 | | name change would put the person at risk of physical harm or | 18 | | discrimination.
| 19 | | (c) The Director of State Police or his or her designee may | 20 | | apply to the
circuit court
for an order directing that the | 21 | | notice and publication requirements of
this Section be waived | 22 | | if the Director or his or her designee certifies that
the name | 23 | | change being sought is intended to protect a witness during and
| 24 | | following a criminal investigation or proceeding.
| 25 | | (d) The maximum rate charged for publication of a notice | 26 | | under this Section may not exceed the lowest classified rate |
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| 1 | | paid by commercial users for comparable space in the newspaper | 2 | | in which the notice appears and shall include all cash | 3 | | discounts, multiple insertion discounts, and similar benefits | 4 | | extended to the newspaper's regular customers. | 5 | | (Source: P.A. 100-520, eff. 1-1-18 (see Section 5 of P.A. | 6 | | 100-565 for the effective date of P.A. 100-520).)
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