101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2321

 

Introduced , by Rep. Kelly M. Cassidy

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/21-101  from Ch. 110, par. 21-101
735 ILCS 5/21-103  from Ch. 110, par. 21-103
735 ILCS 5/21-103.3 new

    Amends the Code of Civil Procedure. In provisions concerning change of name, provides that a person interested in the matter shall make known any objection to the granting of the petition for change of name by filing a written objection stating the reasons for the objection with the court at least 2 court days before the matter is scheduled to be heard and by appearing in court at the hearing to show cause why the petition for change of name should not be granted. Provides that if no written objection is timely filed, the court may grant the petition. Deletes language restricting or prohibiting the filing of a petition for change of name by persons convicted of certain crimes. Provides instead that if the petitioner 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, 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, and the petitioner has not been pardoned, the clerk shall notify the Illinois State Police so that they may have the opportunity to file a timely objection to the petition for change of name. Provides that the court may waive specified publication requirements and order that the record of the proceeding be designated confidential if the court finds good cause for entering such an order, including evidence that publication or availability of a record of the proceeding will place the petitioner or another individual in physical danger and evidence that the petitioner or another individual has been the victim of stalking or assaultive behavior.


LRB101 08649 LNS 53733 b

 

 

A BILL FOR

 

HB2321LRB101 08649 LNS 53733 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by
5changing Sections 21-101 and 21-103 and by adding Section
621-103.3 as follows:
 
7    (735 ILCS 5/21-101)  (from Ch. 110, par. 21-101)
8    Sec. 21-101. Proceedings; parties.
9    (a) If any person who is a resident of this State and has
10resided in this State for 6 months desires to change his or her
11name and to assume another name by which to be afterwards
12called and known, the person may file a petition in the circuit
13court of the county wherein he or she resides praying for that
14relief.
15    (b) A person interested in the matter shall make known any
16objection to the granting of the petition for change of name by
17filing a written objection stating the reasons for the
18objection with the court at least 2 court days before the
19matter is scheduled to be heard and by appearing in court at
20the hearing to show cause why the petition for change of name
21should not be granted. If no written objection is timely filed,
22the court may grant the petition The filing of a petition in
23accordance with this Section shall be the sole and exclusive

 

 

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1means by which any person committed under the laws of this
2State to a penal institution may change his or her name and
3assume another name. However, any person convicted of a felony
4in this State or any other state who has not been pardoned may
5not file a petition for a name change until 10 years have
6passed since completion and discharge from his or her sentence.
7A person who has been convicted of identity theft, aggravated
8identity theft, felony or misdemeanor criminal sexual abuse
9when the victim of the offense at the time of its commission is
10under 18 years of age, felony or misdemeanor sexual
11exploitation of a child, felony or misdemeanor indecent
12solicitation of a child, or felony or misdemeanor indecent
13solicitation of an adult, or any other offense for which a
14person is required to register under the Sex Offender
15Registration Act in this State or any other state who has not
16been pardoned shall not be permitted to file a petition for a
17name change in the courts of Illinois.
18    (c) A petitioner may include his or her spouse and adult
19unmarried children, with their consent, and his or her minor
20children where it appears to the court that it is for their
21best interest, in the petition and prayer, and the court's
22order shall then include the spouse and children. Whenever any
23minor has resided in the family of any person for the space of
243 years and has been recognized and known as an adopted child
25in the family of that person, the application herein provided
26for may be made by the person having that minor in his or her

 

 

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1family.
2    An order shall be entered as to a minor only if the court
3finds by clear and convincing evidence that the change is
4necessary to serve the best interest of the child. In
5determining the best interest of a minor child under this
6Section, the court shall consider all relevant factors,
7including:
8        (1) The wishes of the child's parents and any person
9    acting as a parent who has physical custody of the child.
10        (2) The wishes of the child and the reasons for those
11    wishes. The court may interview the child in chambers to
12    ascertain the child's wishes with respect to the change of
13    name. Counsel shall be present at the interview unless
14    otherwise agreed upon by the parties. The court shall cause
15    a court reporter to be present who shall make a complete
16    record of the interview instantaneously to be part of the
17    record in the case.
18        (3) The interaction and interrelationship of the child
19    with his or her parents or persons acting as parents who
20    have physical custody of the child, step-parents,
21    siblings, step-siblings, or any other person who may
22    significantly affect the child's best interest.
23        (4) The child's adjustment to his or her home, school,
24    and community.
25    (d) If it appears to the court that the conditions and
26requirements under this Article have been complied with and

 

 

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1that there is no reason why the prayer should not be granted,
2the court, by an order to be entered of record, may direct and
3provide that the name of that person be changed in accordance
4with the prayer in the petition. If the circuit court orders
5that a name change be granted to a person who has been
6adjudicated or convicted of a felony or misdemeanor offense
7under the laws of this State or any other state for which a
8pardon has not been granted, or has an arrest for which a
9charge has not been filed or a pending charge on a felony or
10misdemeanor offense, a copy of the order, including a copy of
11each applicable access and review response, shall be forwarded
12to the Department of State Police. The Department of State
13Police shall update any criminal history transcript or offender
14registration of each person 18 years of age or older in the
15order to include the change of name as well as his or her
16former name.
17(Source: P.A. 100-370, eff. 1-1-18.)
 
18    (735 ILCS 5/21-103)  (from Ch. 110, par. 21-103)
19    Sec. 21-103. Notice by publication.
20    (a) Previous notice shall be given of the intended
21application by publishing a notice thereof in some newspaper
22published in the municipality in which the person resides if
23the municipality is in a county with a population under
242,000,000, or if the person does not reside in a municipality
25in a county with a population under 2,000,000, or if no

 

 

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1newspaper is published in the municipality or if the person
2resides in a county with a population of 2,000,000 or more,
3then in some newspaper published in the county where the person
4resides, or if no newspaper is published in that county, then
5in some convenient newspaper published in this State. The
6notice shall be inserted for 3 consecutive weeks after filing,
7the first insertion to be at least 6 weeks before the return
8day upon which the petition is to be heard, and shall be signed
9by the petitioner or, in case of a minor, the minor's parent or
10guardian, and shall set forth the return day of court on which
11the petition is to be heard and the name sought to be assumed.
12    (b) The publication requirement of subsection (a) shall not
13be required in any application for a change of name involving a
14minor if, before making judgment under this Article, reasonable
15notice and opportunity to be heard is given to any parent whose
16parental rights have not been previously terminated and to any
17person who has physical custody of the child. If any of these
18persons are outside this State, notice and opportunity to be
19heard shall be given under Section 21-104.
20    (b-5) Upon motion, the court may issue an order directing
21that the notice and publication requirement be waived for a
22change of name involving a person who files with the court a
23written declaration that the person believes that publishing
24notice of the name change would put the person at risk of
25physical harm or discrimination. The person must provide
26evidence to support the claim that publishing notice of the

 

 

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1name change would put the person at risk of physical harm or
2discrimination.
3    (c) The Director of State Police or his or her designee may
4apply to the circuit court for an order directing that the
5notice and publication requirements of this Section be waived
6if the Director or his or her designee certifies that the name
7change being sought is intended to protect a witness during and
8following a criminal investigation or proceeding. The court may
9waive the publication requirement under subsection (a) and
10order that the record of the proceeding be designated
11confidential if the court finds good cause for entering such an
12order. Good cause includes, but is not limited to, evidence
13that publication or availability of a record of the proceeding
14will place the petitioner or another individual in physical
15danger and evidence that the petitioner or another individual
16has been the victim of stalking or assaultive behavior.
17    (c-1) The court may enter a written order waiving the
18publication requirement of subsection (a) if:
19        (i) the petitioner is 18 years of age or older; and
20        (ii) concurrent with the petition, the petitioner
21    files with the court a statement, verified under oath as
22    provided under Section 1-109 of this Code, attesting that
23    the petitioner is or has been a person protected under the
24    Illinois Domestic Violence Act of 1986, the Stalking No
25    Contact Order Act, the Civil No Contact Order Act, Article
26    112A of the Code of Criminal Procedure of 1963, a condition

 

 

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1    of bail under subsections (b) through (d) of Section 110-10
2    of the Code of Criminal Procedure of 1963, or a similar
3    provision of a law in another state or jurisdiction.
4    The petitioner may attach to the statement any supporting
5documents, including relevant court orders.
6    (c-2) If the petitioner files a statement attesting that
7disclosure of the petitioner's address would put the petitioner
8or any member of the petitioner's family or household at risk
9or reveal the confidential address of a shelter for domestic
10violence victims, that address may be omitted from all
11documents filed with the court, and the petitioner may
12designate an alternative address for service.
13    (c-3) Court administrators may allow domestic abuse
14advocates, rape crisis advocates, and victim advocates to
15assist petitioners in the preparation of name changes under
16subsection (c-1).
17    (c-4) If the publication requirements of subsection (a)
18have been waived, the circuit court shall enter an order
19impounding the case.
20    (d) The maximum rate charged for publication of a notice
21under this Section may not exceed the lowest classified rate
22paid by commercial users for comparable space in the newspaper
23in which the notice appears and shall include all cash
24discounts, multiple insertion discounts, and similar benefits
25extended to the newspaper's regular customers.
26(Source: P.A. 100-520, eff. 1-1-18 (see Section 5 of P.A.

 

 

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1100-565 for the effective date of P.A. 100-520); 100-788, eff.
21-1-19; 100-966, eff. 1-1-19; revised 10-4-18.)
 
3    (735 ILCS 5/21-103.3 new)
4    Sec. 21-103.3. Notice to the Illinois State Police. If the
5petitioner has been convicted of identity theft, aggravated
6identity theft, felony or misdemeanor criminal sexual abuse
7when the victim of the offense at the time of its commission is
8under 18 years of age, felony or misdemeanor sexual
9exploitation of a child, felony or misdemeanor indecent
10solicitation of a child, felony or misdemeanor indecent
11solicitation of an adult, or any other offense for which a
12person is required to register under the Sex Offender
13Registration Act in this State or any other state, and the
14petitioner has not been pardoned, the clerk shall notify the
15Illinois State Police so that the Illinois State Police may
16have the opportunity to file a timely objection to the petition
17for change of name.