101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3111

 

Introduced , by Rep. Kelly M. Cassidy

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/21-101  from Ch. 110, par. 21-101
735 ILCS 5/21-102  from Ch. 110, par. 21-102
735 ILCS 5/21-102.5
735 ILCS 5/21-103  from Ch. 110, par. 21-103

    Amends the Change of Name Article of the Code of Civil Procedure. Deletes language barring certain persons convicted of crimes from petitioning for a change of name. Provides instead that a person convicted of any offense for which a person is required to register under specified Acts is not permitted to file a petition for a name change while the person is required to register unless the person verifies that the petition for name change is due to marriage, transgender status, religious belief, or status as a victim of trafficking. Provides that any petition form shall include a warning that a person, with exceptions, commits a felony offense if he or she petitions for a change of name while required to register under specified Acts and has not been pardoned. Provides that if the petition indicates the petitioner has been adjudicated or convicted of a felony or misdemeanor offense for which a pardon has not been granted, or has an arrest or pending charge on a felony or misdemeanor offense for which a charge has not been filed, the circuit court clerk shall promptly serve a copy of the petition on the State's Attorney and the Department of State Police. Provides that the State's Attorney may file an objection if specified circumstances exist. Provides that if the court finds good cause, the court may waive the publication requirement and order that the record of the proceeding be designated confidential. Makes other changes.


LRB101 09934 LNS 55036 b

 

 

A BILL FOR

 

HB3111LRB101 09934 LNS 55036 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, 21-102, 21-102.5, and 21-103 as
6follows:
 
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) The filing of a petition in accordance with this
16Section shall be the sole and exclusive means by which any
17person committed under the laws of this State to a penal
18institution may change his or her name and assume another name.
19A person convicted of any offense for which a person is
20required to register under the Sex Offender Registration Act,
21Murderer and Violent Offender Against Youth Registration Act,
22or Arsonist Registration Act in this State or any other state
23who has not been pardoned is not permitted to file a petition

 

 

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1for a name change in the courts of this State during the period
2the person is required to register unless the person verifies
3under oath, as provided under Section 1-109, that the petition
4for the name change is due to marriage, transgender status,
5religious belief, or status as a victim of trafficking. A
6person is not subject to felony charges if his or her request
7for legal name change is denied without proof of perjury.
8However, any person convicted of a felony in this State or any
9other state who has not been pardoned may not file a petition
10for a name change until 10 years have passed since completion
11and discharge from his or her sentence. A person who has been
12convicted of identity theft, aggravated identity theft, felony
13or misdemeanor criminal sexual abuse when the victim of the
14offense at the time of its commission is under 18 years of age,
15felony or misdemeanor sexual exploitation of a child, felony or
16misdemeanor indecent solicitation of a child, or felony or
17misdemeanor indecent solicitation of an adult, or any other
18offense for which a person is required to register under the
19Sex Offender Registration Act in this State or any other state
20who has not been pardoned shall not be permitted to file a
21petition for a name change in the courts of Illinois.
22    (b-5) A person convicted of a felony offense in this State
23or any other state whose sentence has not been completed or
24discharged is not permitted to file a petition for a name
25change in the courts of this State unless the person is
26pardoned for the offense.

 

 

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1    (c) A petitioner may include his or her spouse and adult
2unmarried children, with their consent, and his or her minor
3children where it appears to the court that it is for their
4best interest, in the petition and prayer, and the court's
5order shall then include the spouse and children. Whenever any
6minor has resided in the family of any person for the space of
73 years and has been recognized and known as an adopted child
8in the family of that person, the application herein provided
9for may be made by the person having that minor in his or her
10family.
11    An order shall be entered as to a minor only if the court
12finds by clear and convincing evidence that the change is
13necessary to serve the best interest of the child. In
14determining the best interest of a minor child under this
15Section, the court shall consider all relevant factors,
16including:
17        (1) The wishes of the child's parents and any person
18    acting as a parent who has physical custody of the child.
19        (2) The wishes of the child and the reasons for those
20    wishes. The court may interview the child in chambers to
21    ascertain the child's wishes with respect to the change of
22    name. Counsel shall be present at the interview unless
23    otherwise agreed upon by the parties. The court shall cause
24    a court reporter to be present who shall make a complete
25    record of the interview instantaneously to be part of the
26    record in the case.

 

 

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1        (3) The interaction and interrelationship of the child
2    with his or her parents or persons acting as parents who
3    have physical custody of the child, step-parents,
4    siblings, step-siblings, or any other person who may
5    significantly affect the child's best interest.
6        (4) The child's adjustment to his or her home, school,
7    and community.
8    (d) If it appears to the court that the conditions and
9requirements under this Article have been complied with and
10that there is no reason why the prayer should not be granted,
11the court, by an order to be entered of record, may direct and
12provide that the name of that person be changed in accordance
13with the prayer in the petition. If the circuit court orders
14that a name change be granted to a person who has been
15adjudicated or convicted of a felony or misdemeanor offense
16under the laws of this State or any other state for which a
17pardon has not been granted, or has an arrest for which a
18charge has not been filed or a pending charge on a felony or
19misdemeanor offense, a copy of the order, including a copy of
20each applicable access and review response, shall be forwarded
21to the Department of State Police. The Department of State
22Police shall update any criminal history transcript or offender
23registration of each person 18 years of age or older in the
24order to include the change of name as well as his or her
25former name.
26(Source: P.A. 100-370, eff. 1-1-18.)
 

 

 

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1    (735 ILCS 5/21-102)  (from Ch. 110, par. 21-102)
2    Sec. 21-102. Petition; update criminal history transcript.
3    (a) The petition shall set forth the name then held, the
4name sought to be assumed, the residence of the petitioner, the
5length of time the petitioner has resided in this State, and
6the state or country of the petitioner's nativity or supposed
7nativity. The petition shall include a statement, verified
8under oath as provided under Section 1-109 of this Code,
9whether or not the petitioner or any other person 18 years of
10age or older who will be subject to a change of name under the
11petition if granted: (1) has been adjudicated or convicted of a
12felony or misdemeanor offense under the laws of this State or
13any other state for which a pardon has not been granted; or (2)
14has an arrest for which a charge has not been filed or a
15pending charge on a felony or misdemeanor offense. The petition
16shall be signed by the person petitioning or, in case of
17minors, by the parent or guardian having the legal custody of
18the minor. The petition shall be verified by the witness
19affidavit of some credible person.
20    (b) If the statement provided under subsection (a) of this
21Section indicates the petitioner or any other person 18 years
22of age or older who will be subject to a change of name under
23the petition, if granted, has been adjudicated or convicted of
24a felony or misdemeanor offense under the laws of this State or
25any other state for which a pardon has not been granted, or has

 

 

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1an arrest for which a charge has not been filed or a pending
2charge on a felony or misdemeanor offense, the State's Attorney
3may request the court to or the court may on its own motion,
4require the person, prior to a hearing on the petition, to
5initiate an update of his or her criminal history transcript
6with the Department of State Police. The Department shall allow
7a person to use the Access and Review process, established by
8rule in the Department, for this purpose. Upon completion of
9the update of the criminal history transcript, the petitioner
10shall file confirmation of each update with the court, which
11shall seal the records from disclosure outside of court
12proceedings on the petition.
13    (c) Any petition form completed under subsection (a) shall
14include the following statement: "WARNING: A person required to
15register under the Sex Offender Registration Act, Murderer and
16Violent Offender Against Youth Registration Act, or Arsonist
17Registration Act in this State or similar law in any other
18state who has not been pardoned commits a felony offense under
19those respective Acts by seeking to change his or her name
20during his or her registration period unless the person can
21demonstrate that the petition for a name change is due to
22marriage, transgender status, religious belief, or status as a
23victim of trafficking.
24(Source: P.A. 100-370, eff. 1-1-18.)
 
25    (735 ILCS 5/21-102.5)

 

 

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1    Sec. 21-102.5. Notice; objection.
2    (a) If the petition indicates the petitioner, or any other
3person 18 years of age or older who will be subject to a name
4change under the petition, has been adjudicated or convicted of
5a felony or misdemeanor offense under the laws of this State or
6any other state for which a pardon has not been granted, or has
7an arrest or pending charge on a felony or misdemeanor offense
8for which a charge has not been filed, the The circuit court
9clerk shall promptly serve a copy of the petition on the
10State's Attorney and the Department of State Police.
11    (b) The State's Attorney may file an objection to the
12petition if the petitioner: .
13        (1) is the defendant in a pending criminal offense
14    charge; or
15        (2) has been convicted of identity theft, aggravated
16    identity theft, felony or misdemeanor criminal sexual
17    abuse when the victim of the offense at the time of its
18    commission is under 18 years of age, felony or misdemeanor
19    sexual exploitation of a child, felony or misdemeanor
20    indecent solicitation of a child, or felony or misdemeanor
21    indecent solicitation of an adult, and has not been
22    pardoned for the conviction.
23    (c) All objections shall be in writing, shall be filed with
24the circuit court clerk, shall be served upon the petitioner,
25and shall state with specificity the basis of the objection.
26Objections to a petition must be filed within 30 days of the

 

 

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1date of service of the petition upon the State's Attorney.
2(Source: P.A. 100-370, eff. 1-1-18.)
 
3    (735 ILCS 5/21-103)  (from Ch. 110, par. 21-103)
4    Sec. 21-103. Notice by publication.
5    (a) Previous notice shall be given of the intended
6application by publishing a notice thereof in some newspaper
7published in the municipality in which the person resides if
8the municipality is in a county with a population under
92,000,000, or if the person does not reside in a municipality
10in a county with a population under 2,000,000, or if no
11newspaper is published in the municipality or if the person
12resides in a county with a population of 2,000,000 or more,
13then in some newspaper published in the county where the person
14resides, or if no newspaper is published in that county, then
15in some convenient newspaper published in this State. The
16notice shall be inserted for 3 consecutive weeks after filing,
17the first insertion to be at least 6 weeks before the return
18day upon which the petition is to be heard, and shall be signed
19by the petitioner or, in case of a minor, the minor's parent or
20guardian, and shall set forth the return day of court on which
21the petition is to be heard and the name sought to be assumed.
22    (b) The publication requirement of subsection (a) shall not
23be required in any application for a change of name involving a
24minor if, before making judgment under this Article, reasonable
25notice and opportunity to be heard is given to any parent whose

 

 

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1parental rights have not been previously terminated and to any
2person who has physical custody of the child. If any of these
3persons are outside this State, notice and opportunity to be
4heard shall be given under Section 21-104.
5    (b-5) Upon motion, the court may issue an order directing
6that the notice and publication requirement be waived for a
7change of name involving a person who files with the court a
8written declaration that the person believes that publishing
9notice of the name change would put the person at risk of
10physical harm or discrimination. The person must provide
11evidence to support the claim that publishing notice of the
12name change would put the person at risk of physical harm or
13discrimination.
14    (c) The Director of State Police or his or her designee may
15apply to the circuit court for an order directing that the
16notice and publication requirements of this Section be waived
17if the Director or his or her designee certifies that the name
18change being sought is intended to protect a witness during and
19following a criminal investigation or proceeding.
20    (c-1) The court may enter a written order waiving the
21publication requirement of subsection (a) if:
22        (i) the petitioner is 18 years of age or older; and
23        (ii) concurrent with the petition, the petitioner
24    files with the court a statement, verified under oath as
25    provided under Section 1-109 of this Code, attesting that
26    the petitioner is or has been a person protected under the

 

 

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1    Illinois Domestic Violence Act of 1986, the Stalking No
2    Contact Order Act, the Civil No Contact Order Act, Article
3    112A of the Code of Criminal Procedure of 1963, a condition
4    of bail under subsections (b) through (d) of Section 110-10
5    of the Code of Criminal Procedure of 1963, or a similar
6    provision of a law in another state or jurisdiction.
7    The petitioner may attach to the statement any supporting
8documents, including relevant court orders.
9    (c-2) If the petitioner files a statement attesting that
10disclosure of the petitioner's address would put the petitioner
11or any member of the petitioner's family or household at risk
12or reveal the confidential address of a shelter for domestic
13violence victims, that address may be omitted from all
14documents filed with the court, and the petitioner may
15designate an alternative address for service.
16    (c-3) Court administrators may allow domestic abuse
17advocates, rape crisis advocates, and victim advocates to
18assist petitioners in the preparation of name changes under
19subsection (c-1).
20    (c-4) If the publication requirements of subsection (a)
21have been waived, the circuit court shall enter an order
22impounding the case.
23    (c-5) If the court finds good cause, the court may waive
24the publication requirement under subsection (a) and order that
25the record of the proceeding be designated confidential. Good
26cause includes, but is not limited to, evidence that

 

 

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1publication or availability of a record of the proceeding will
2place the petitioner or another individual at risk for physical
3harm or discrimination and evidence that the petitioner or
4another individual has been the victim of stalking or
5assaultive behavior.
6    (d) The maximum rate charged for publication of a notice
7under this Section may not exceed the lowest classified rate
8paid by commercial users for comparable space in the newspaper
9in which the notice appears and shall include all cash
10discounts, multiple insertion discounts, and similar benefits
11extended to the newspaper's regular customers.
12(Source: P.A. 100-520, eff. 1-1-18 (see Section 5 of P.A.
13100-565 for the effective date of P.A. 100-520); 100-788, eff.
141-1-19; 100-966, eff. 1-1-19; revised 10-4-18.)