100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB2330

 

Introduced 1/24/2018, by Sen. Toi W. Hutchinson

 

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

    Amends the Code of Civil Procedure. Provides that the publication requirement in a petition for change of name shall be waived if: (i) the petitioner is 18 years of age or older; (ii) concurrent with the petition, the petitioner files with the court a statement, verified under oath, attesting that the petitioner is or has been a person protected under the Illinois Domestic Violence Act of 1986, the Stalking No Contact Order Act, the Civil No Contact Order Act, the stalking provisions of the Criminal Code of 2012, or a similar provision of a law in another state or jurisdiction; (iii) the petitioner attaches to the statement any supporting documents, including relevant court orders; and (iv) the circuit court, after reviewing the statement and supporting documents, enters an order waiving publication. Provides that, under certain circumstances, the petitioner's address may be omitted from court documents and the petitioner may designate an alternative address for service. Provides that court administrators may allow domestic abuse advocates to assist petitioners in the preparation of certain name change petitions. Provides that if publication requirements have been waived, the circuit court shall enter an order providing that any system operated by the judiciary that is designed to provide public case information electronically shall not make the petition publicly available.


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A BILL FOR

 

SB2330LRB100 17753 HEP 32928 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 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
9application by publishing a notice thereof in some newspaper
10published in the municipality in which the person resides if
11the municipality is in a county with a population under
122,000,000, or if the person does not reside in a municipality
13in a county with a population under 2,000,000, or if no
14newspaper is published in the municipality or if the person
15resides in a county with a population of 2,000,000 or more,
16then in some newspaper published in the county where the person
17resides, or if no newspaper is published in that county, then
18in some convenient newspaper published in this State. The
19notice shall be inserted for 3 consecutive weeks after filing,
20the first insertion to be at least 6 weeks before the return
21day upon which the petition is to be heard, and shall be signed
22by the petitioner or, in case of a minor, the minor's parent or
23guardian, and shall set forth the return day of court on which

 

 

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1the petition is to be heard and the name sought to be assumed.
2    (b) The publication requirement of subsection (a) shall not
3be required in any application for a change of name involving a
4minor if, before making judgment under this Article, reasonable
5notice and opportunity to be heard is given to any parent whose
6parental rights have not been previously terminated and to any
7person who has physical custody of the child. If any of these
8persons are outside this State, notice and opportunity to be
9heard shall be given under Section 21-104.
10    (c) The Director of State Police or his or her designee may
11apply to the circuit court for an order directing that the
12notice and publication requirements of this Section be waived
13if the Director or his or her designee certifies that the name
14change being sought is intended to protect a witness during and
15following a criminal investigation or proceeding.
16    (c-1) The publication requirement of subsection (a) is not
17required in an application for a change of name if:
18        (i) the petitioner is 18 years of age or older;
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, Section
25    12-7.3 of the Criminal Code of 2012, or a similar provision
26    of a law in another state or jurisdiction;

 

 

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1        (iii) the petitioner attaches to the statement any
2    supporting documents, including relevant court orders; and
3        (iv) the circuit court, after reviewing the statement
4    and supporting documents, enters an order waiving
5    publication.
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 to assist petitioners in the preparation of name
15changes under subsection (c-1).
16    (c-4) If the publication requirements of subsection (a) are
17not required or have been waived, the circuit court shall enter
18an order providing that any system operated by the judiciary
19that is designed to provide public case information
20electronically shall not make the petition publicly available.
21    (d) The maximum rate charged for publication of a notice
22under this Section may not exceed the lowest classified rate
23paid by commercial users for comparable space in the newspaper
24in which the notice appears and shall include all cash
25discounts, multiple insertion discounts, and similar benefits
26extended to the newspaper's regular customers.

 

 

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1(Source: P.A. 100-520, eff. 1-1-18 (see Section 5 of P.A.
2100-565 for the effective date of P.A. 100-520).)