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| 1 | AN ACT concerning civil law.
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| 2 | Be it enacted by the People of the State of Illinois, | ||||||
| 3 | represented in the General Assembly:
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| 4 | Section 5. The Code of Civil Procedure is amended by | ||||||
| 5 | changing Section 21-103 as follows:
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| 6 | (735 ILCS 5/21-103) (from Ch. 110, par. 21-103)
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| 7 | Sec. 21-103. Notice by publication.
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| 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.
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| 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.
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| 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
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| 24 | following a criminal investigation or proceeding.
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| 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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