HB2920 Engrossed LRB094 05218 LCB 35260 b

1     AN ACT concerning civil law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Code of Civil Procedure is amended by
5 changing 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
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 filed, and shall be
22 signed by the petitioner or, in case of a minor, the minor's
23 parent or guardian, and shall set forth the return day of court
24 on which the petition is to be heard filed and the name sought
25 to be assumed.
26     (b) The publication requirement of subsection (a) shall not
27 be required in any application for a change of name involving a
28 minor if, before making judgment under this Article, reasonable
29 notice and opportunity to be heard is given to any parent whose
30 parental rights have not been previously terminated and to any
31 person who has physical custody of the child. If any of these
32 persons are outside this State, notice and opportunity to be

 

 

HB2920 Engrossed - 2 - LRB094 05218 LCB 35260 b

1 heard shall be given under Section 21-104.
2     (c) The Director of State Police or his or her designee may
3 apply to the circuit court for an order directing that the
4 notice and publication requirements of this Section be waived
5 if the Director or his or her designee certifies that the name
6 change being sought is intended to protect a witness during and
7 following a criminal investigation or proceeding.
8 (Source: P.A. 91-62, eff. 1-1-00.)