Rep. Jerry L. Mitchell

Filed: 3/15/2005

 

 


 

 


 
09400HB2920ham001 LRB094 05218 LCB 42109 a

1
AMENDMENT TO HOUSE BILL 2920

2     AMENDMENT NO. ______. Amend House Bill 2920 by replacing
3 everything after the enacting clause with the following:
 
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

 

 

09400HB2920ham001 - 2 - LRB094 05218 LCB 42109 a

1 to be assumed.
2     (b) The publication requirement of subsection (a) shall not
3 be required in any application for a change of name involving a
4 minor if, before making judgment under this Article, reasonable
5 notice and opportunity to be heard is given to any parent whose
6 parental rights have not been previously terminated and to any
7 person who has physical custody of the child. If any of these
8 persons are outside this State, notice and opportunity to be
9 heard shall be given under Section 21-104.
10     (c) The Director of State Police or his or her designee may
11 apply to the circuit court for an order directing that the
12 notice and publication requirements of this Section be waived
13 if the Director or his or her designee certifies that the name
14 change being sought is intended to protect a witness during and
15 following a criminal investigation or proceeding.
16 (Source: P.A. 91-62, eff. 1-1-00.)".