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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,
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| 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.
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| 10 | (c) The Director of State Police or his or her designee may | ||||||
| 11 | apply to the
circuit court
for an order directing that the | ||||||
| 12 | notice and publication requirements of
this Section be waived | ||||||
| 13 | if the Director or his or her designee certifies that
the name | ||||||
| 14 | change being sought is intended to protect a witness during and
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| 15 | following a criminal investigation or proceeding.
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| 16 | (c-1) The court may enter a written order waiving the | ||||||
| 17 | publication requirement of subsection (a) if: | ||||||
| 18 | (i) the petitioner is 18 years of age or older; and | ||||||
| 19 | (ii) concurrent with the petition, the petitioner | ||||||
| 20 | files with the court a statement, verified under oath as | ||||||
| 21 | provided under Section 1-109 of this Code, attesting that | ||||||
| 22 | the petitioner is or has been a person protected under the | ||||||
| 23 | Illinois Domestic Violence Act of 1986, the Stalking No | ||||||
| 24 | Contact Order Act, the Civil No Contact Order Act, Article | ||||||
| 25 | 112A of the Code of Criminal Procedure of 1963, a condition | ||||||
| 26 | of bail under subsections (b) through (d) of Section 110-10 | ||||||
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| 1 | of the Code of Criminal Procedure of 1963, or a similar | ||||||
| 2 | provision of a law in another state or jurisdiction. | ||||||
| 3 | The petitioner may attach to the statement any supporting | ||||||
| 4 | documents, including relevant court orders. | ||||||
| 5 | (c-2) If the petitioner files a statement attesting that | ||||||
| 6 | disclosure of the petitioner's address would put the petitioner | ||||||
| 7 | or any member of the petitioner's family or household at risk | ||||||
| 8 | or reveal the confidential address of a shelter for domestic | ||||||
| 9 | violence victims, that address may be omitted from all | ||||||
| 10 | documents filed with the court, and the petitioner may | ||||||
| 11 | designate an alternative address for service. | ||||||
| 12 | (c-3) Court administrators may allow domestic abuse | ||||||
| 13 | advocates, rape crisis advocates, and victim advocates to | ||||||
| 14 | assist petitioners in the preparation of name changes under | ||||||
| 15 | subsection (c-1). | ||||||
| 16 | (c-4) If the publication requirements of subsection (a) | ||||||
| 17 | have been waived, the circuit court shall enter an order | ||||||
| 18 | impounding the case. | ||||||
| 19 | (d) The maximum rate charged for publication of a notice | ||||||
| 20 | under this Section may not exceed the lowest classified rate | ||||||
| 21 | paid by commercial users for comparable space in the newspaper | ||||||
| 22 | in which the notice appears and shall include all cash | ||||||
| 23 | discounts, multiple insertion discounts, and similar benefits | ||||||
| 24 | extended to the newspaper's regular customers. | ||||||
| 25 | (Source: P.A. 100-520, eff. 1-1-18 (see Section 5 of P.A. | ||||||
| 26 | 100-565 for the effective date of P.A. 100-520).)
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