103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3083

 

Introduced 2/17/2023, by Rep. Justin Slaughter

 

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

    Amends the Change of Name Article of the Code of Civil Procedure. Provides that if any person who is a resident of the State and has resided in the State for 6 months desires to change his or her name and to assume another name by which to be afterwards called and known for religious reasons, the person may file a notarized form with the Office of the Secretary of State to legally change his or her name claiming a religious exemption. Requires the Secretary of State to adopt rules to implement the provisions, and to create and make available the change of name form.


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A BILL FOR

 

HB3083LRB103 29751 LNS 56157 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 21-101 as follows:
 
6    (735 ILCS 5/21-101)  (from Ch. 110, par. 21-101)
7    Sec. 21-101. Proceedings; parties.
8    (a) Except as provided in subsection (e), if If any person
9who is a resident of this State and has resided in this State
10for 6 months desires to change his or her name and to assume
11another name by which to be afterwards called and known, the
12person may file a petition in the circuit court of the county
13wherein he or she resides praying for that relief.
14    (b) The filing of a petition in accordance with this
15Section shall be the sole and exclusive means by which any
16person committed under the laws of this State to a penal
17institution may change his or her name and assume another
18name. However, any person convicted of a felony in this State
19or any other state who has not been pardoned may not file a
20petition for a name change until 10 years have passed since
21completion and discharge from his or her sentence. A person
22who has been convicted of identity theft, aggravated identity
23theft, felony or misdemeanor criminal sexual abuse when the

 

 

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1victim of the offense at the time of its commission is under 18
2years of age, felony or misdemeanor sexual exploitation of a
3child, felony or misdemeanor indecent solicitation of a child,
4or felony or misdemeanor indecent solicitation of an adult, or
5any other offense for which a person is required to register
6under the Sex Offender Registration Act in this State or any
7other state who has not been pardoned shall not be permitted to
8file a petition for a name change in the courts of Illinois.
9    (c) A petitioner may include his or her spouse and adult
10unmarried children, with their consent, and his or her minor
11children where it appears to the court that it is for their
12best interest, in the petition and prayer, and the court's
13order shall then include the spouse and children. Whenever any
14minor has resided in the family of any person for the space of
153 years and has been recognized and known as an adopted child
16in the family of that person, the application herein provided
17for may be made by the person having that minor in his or her
18family.
19    An order shall be entered as to a minor only if the court
20finds by clear and convincing evidence that the change is
21necessary to serve the best interest of the child. In
22determining the best interest of a minor child under this
23Section, the court shall consider all relevant factors,
24including:
25        (1) The wishes of the child's parents and any person
26    acting as a parent who has physical custody of the child.

 

 

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1        (2) The wishes of the child and the reasons for those
2    wishes. The court may interview the child in chambers to
3    ascertain the child's wishes with respect to the change of
4    name. Counsel shall be present at the interview unless
5    otherwise agreed upon by the parties. The court shall
6    cause a court reporter to be present who shall make a
7    complete record of the interview instantaneously to be
8    part of the record in the case.
9        (3) The interaction and interrelationship of the child
10    with his or her parents or persons acting as parents who
11    have physical custody of the child, step-parents,
12    siblings, step-siblings, or any other person who may
13    significantly affect the child's best interest.
14        (4) The child's adjustment to his or her home, school,
15    and community.
16    (d) If it appears to the court that the conditions and
17requirements under this Article have been complied with and
18that there is no reason why the prayer should not be granted,
19the court, by an order to be entered of record, may direct and
20provide that the name of that person be changed in accordance
21with the prayer in the petition. If the circuit court orders
22that a name change be granted to a person who has been
23adjudicated or convicted of a felony or misdemeanor offense
24under the laws of this State or any other state for which a
25pardon has not been granted, or has an arrest for which a
26charge has not been filed or a pending charge on a felony or

 

 

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1misdemeanor offense, a copy of the order, including a copy of
2each applicable access and review response, shall be forwarded
3to the Illinois State Police. The Illinois State Police shall
4update any criminal history transcript or offender
5registration of each person 18 years of age or older in the
6order to include the change of name as well as his or her
7former name.
8    (e) If any person who is a resident of this State and has
9resided in this State for 6 months desires to change his or her
10name and to assume another name by which to be afterwards
11called and known for religious reasons, the person may file a
12notarized form with the Office of the Secretary of State,
13including with the Secretary of State's Driver Services
14Department, to legally change his or her name claiming a
15religious exemption. The Secretary of State shall adopt rules
16to implement this Section. The Secretary of State shall create
17and make available the change of name form to be used under
18this subsection.
19(Source: P.A. 102-538, eff. 8-20-21.)