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Public Act 100-0370 | ||||
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AN ACT concerning civil procedure.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Code of Civil Procedure is amended by | ||||
changing Sections 21-101 and 21-102 and by adding Section | ||||
21-102.5 as follows:
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(735 ILCS 5/21-101) (from Ch. 110, par. 21-101)
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Sec. 21-101. Proceedings; parties. | ||||
(a) If any person who is a resident of
this State and has | ||||
resided in this State for 6 months desires to change his
or her | ||||
name and to assume another name by which to be afterwards | ||||
called and
known, the person may file a petition in the circuit | ||||
court of the county
wherein he or she resides praying for that | ||||
relief. If it appears to the
court that the conditions | ||||
hereinafter mentioned have been complied with and
that there is | ||||
no reason why the prayer should not be granted, the court, by
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an order to be entered of record, may direct and provide that | ||||
the name of
that person be changed in accordance with the | ||||
prayer in the petition. | ||||
(b) The
filing of a petition in accordance with this | ||||
Section shall be the sole and
exclusive means by which any | ||||
person committed under the laws of this State
to a penal | ||||
institution may change his or her name and assume another
name. |
However, any person convicted of a felony in this State or any | ||
other
state
who has not been pardoned may not file a
petition | ||
for a name change until 10 years have passed since completion | ||
and
discharge from his or her sentence. A person who has been | ||
convicted of identity theft, aggravated identity theft, felony | ||
or misdemeanor criminal
sexual abuse when the victim of the | ||
offense at the time of its commission is
under 18 years of age, | ||
felony or misdemeanor sexual exploitation of a child, felony or | ||
misdemeanor
indecent solicitation of a child, or felony or | ||
misdemeanor indecent solicitation of an
adult, or any other | ||
offense for which a person is required to register under the | ||
Sex Offender Registration Act in this State or any other state | ||
who has not been pardoned shall not be permitted to file a | ||
petition for a name change in the courts of Illinois. | ||
(c) A petitioner may include his or her
spouse
and adult | ||
unmarried children,
with their consent, and his or her minor | ||
children where it appears to the
court that it is for their | ||
best interest, in the petition and prayer, and
the court's | ||
order shall then include the spouse and children. Whenever any
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minor has resided in the family of any person for the space of | ||
3 years
and has been recognized and known as an adopted child | ||
in the family of
that person, the application herein provided | ||
for may be made by the person
having that minor in his or her | ||
family.
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An order shall be entered as to a minor only if the court | ||
finds by
clear and convincing evidence that the change is |
necessary to serve the
best interest of the child. In | ||
determining the best interest of a minor
child under this | ||
Section, the court shall consider all relevant factors,
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including:
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(1) The wishes of the child's parents and any person | ||
acting as a parent
who has physical custody of the child.
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(2) The wishes of the child and the reasons for those | ||
wishes. The
court may interview the child in chambers to | ||
ascertain the child's wishes
with respect to the change of | ||
name. Counsel shall be present at the
interview unless | ||
otherwise agreed upon by the parties. The court shall
cause | ||
a court reporter to be present who shall make a complete | ||
record of
the interview instantaneously to be part of the | ||
record in the case.
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(3) The interaction and interrelationship of the child | ||
with his or her
parents or persons acting as parents who | ||
have physical custody of the
child, step-parents, | ||
siblings, step-siblings, or any other person who may
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significantly affect the child's best interest.
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(4) The child's adjustment to his or her home, school, | ||
and community.
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(d) If it appears to the
court that the conditions and | ||
requirements under this Article have been complied with and
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that there is no reason why the prayer should not be granted, | ||
the court, by
an order to be entered of record, may direct and | ||
provide that the name of
that person be changed in accordance |
with the prayer in the petition. If the circuit court orders | ||
that a name change be granted to a person who has been | ||
adjudicated or convicted of a felony or misdemeanor offense | ||
under the laws of this State or any other state for which a | ||
pardon has not been granted, or has an arrest for which a | ||
charge has not been filed or a pending charge on a felony or | ||
misdemeanor offense, a copy of the order, including a copy of | ||
each applicable access and review response, shall be forwarded | ||
to the Department of State Police. The Department of State | ||
Police shall update any criminal history transcript or offender | ||
registration of each person 18 years of age or older in the | ||
order to include the change of name as well as his or her | ||
former name. | ||
(Source: P.A. 94-944, eff. 1-1-07.)
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(735 ILCS 5/21-102) (from Ch. 110, par. 21-102)
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Sec. 21-102. Petition ; update criminal history transcript . | ||
(a) The petition shall set forth the name then held,
the | ||
name sought to be assumed, the residence of the petitioner, the | ||
length
of time the petitioner has resided in this State, and | ||
the state or country
of the petitioner's nativity or supposed | ||
nativity. The petition shall include a statement, verified | ||
under oath as provided under Section 1-109 of this Code, | ||
whether or not the petitioner or any other person 18 years of | ||
age or older who will be subject to a change of name under the | ||
petition if granted: (1) has been adjudicated or convicted of a |
felony or misdemeanor offense under the laws of this State or | ||
any other state for which a pardon has not been granted; or (2) | ||
has an arrest for which a charge has not been filed or a | ||
pending charge on a felony or misdemeanor offense. The petition | ||
shall be
signed by the person petitioning or, in case of | ||
minors, by the parent or
guardian having the legal custody of | ||
the minor. The petition shall be
verified by the affidavit of | ||
some credible person.
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(b) If the statement provided under subsection (a) of this | ||
Section indicates the petitioner or any other person 18 years | ||
of age or older who will be subject to a change of name under | ||
the petition, if granted, has been adjudicated or convicted of | ||
a felony or misdemeanor offense under the laws of this State or | ||
any other state for which a pardon has not been granted, or has | ||
an arrest for which a charge has not been filed or a pending | ||
charge on a felony or misdemeanor offense, the State's Attorney | ||
may request the court to or the court may on its own motion, | ||
require the person, prior to a hearing on the petition, to | ||
initiate an update of his or her criminal history transcript | ||
with the Department of State Police. The Department shall allow | ||
a person to use the Access and Review process, established by | ||
rule in the Department, for this purpose. Upon completion of | ||
the update of the criminal history transcript, the petitioner | ||
shall file confirmation of each update with the court, which | ||
shall seal the records from disclosure outside of court | ||
proceedings on the petition. |
(Source: P.A. 87-409.)
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(735 ILCS 5/21-102.5 new) | ||
Sec. 21-102.5. Notice; objection. | ||
(a) The circuit court clerk shall promptly
serve a copy of | ||
the petition on the State's Attorney and the Department of | ||
State Police. | ||
(b) The State's Attorney
may file an objection to the | ||
petition. All objections shall be in writing, shall be filed | ||
with the circuit court clerk, and shall state with specificity | ||
the basis of the objection. Objections to a petition must be | ||
filed within 30 days of the date of service of the petition | ||
upon the State's Attorney.
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