Full Text of HB2559 100th General Assembly
HB2559ham002 100TH GENERAL ASSEMBLY | Rep. Elaine Nekritz Filed: 3/24/2017
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| 1 | | AMENDMENT TO HOUSE BILL 2559
| 2 | | AMENDMENT NO. ______. Amend House Bill 2559 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 21-101 and by adding Section 21-102.5 as | 6 | | follows:
| 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 | 10 | | resided in this State for 6 months desires to change his
or her | 11 | | name and to assume another name by which to be afterwards | 12 | | called and
known, the person may file a petition in the circuit | 13 | | court of the county
wherein he or she resides praying for that | 14 | | relief. | 15 | | (b) Before filing a petition, each person 18 years of age | 16 | | or older who will be subject to a change of name under the |
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| 1 | | petition if granted must initiate a criminal history records | 2 | | check with the Department of State Police. The criminal history | 3 | | records check does not apply to any other person under 18 years | 4 | | of age included in the petition under subsection (d) of this | 5 | | Section. The Department shall allow a person to use the Access | 6 | | and Review process, established by rule in the Department, for | 7 | | this purpose. Upon completion of the criminal history records | 8 | | check, the petitioner shall attach the results of each records | 9 | | check to the petition to be filed with the court. If it appears | 10 | | to the
court that the conditions hereinafter mentioned have | 11 | | been complied with and
that there is no reason why the prayer | 12 | | should not be granted, the court, by
an order to be entered of | 13 | | record, may direct and provide that the name of
that person be | 14 | | changed in accordance with the prayer in the petition. | 15 | | (c) The
filing of a petition in accordance with this | 16 | | Section shall be the sole and
exclusive means by which any | 17 | | person committed under the laws of this State
to a penal | 18 | | institution may change his or her name and assume another
name. | 19 | | However, any person convicted of a felony in this State or any | 20 | | other
state
who has not been pardoned may not file a
petition | 21 | | for a name change until 10 years have passed since completion | 22 | | and
discharge from his or her sentence. A person who has been | 23 | | convicted of identity theft, aggravated identity theft, felony | 24 | | or misdemeanor criminal
sexual abuse when the victim of the | 25 | | offense at the time of its commission is
under 18 years of age, | 26 | | felony or misdemeanor sexual exploitation of a child, felony or |
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| 1 | | misdemeanor
indecent solicitation of a child, or felony or | 2 | | misdemeanor indecent solicitation of an
adult, or any other | 3 | | offense for which a person is required to register under the | 4 | | Sex Offender Registration Act in this State or any other state | 5 | | who has not been pardoned shall not be permitted to file a | 6 | | petition for a name change in the courts of Illinois. | 7 | | (d) A petitioner may include his or her
spouse
and adult | 8 | | unmarried children,
with their consent, and his or her minor | 9 | | children where it appears to the
court that it is for their | 10 | | best interest, in the petition and prayer, and
the court's | 11 | | order shall then include the spouse and children. Whenever any
| 12 | | minor has resided in the family of any person for the space of | 13 | | 3 years
and has been recognized and known as an adopted child | 14 | | in the family of
that person, the application herein provided | 15 | | for may be made by the person
having that minor in his or her | 16 | | family.
| 17 | | An order shall be entered as to a minor only if the court | 18 | | finds by
clear and convincing evidence that the change is | 19 | | necessary to serve the
best interest of the child. In | 20 | | determining the best interest of a minor
child under this | 21 | | Section, the court shall consider all relevant factors,
| 22 | | including:
| 23 | | (1) The wishes of the child's parents and any person | 24 | | acting as a parent
who has physical custody of the child.
| 25 | | (2) The wishes of the child and the reasons for those | 26 | | wishes. The
court may interview the child in chambers to |
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| 1 | | ascertain the child's wishes
with respect to the change of | 2 | | name. Counsel shall be present at the
interview unless | 3 | | otherwise agreed upon by the parties. The court shall
cause | 4 | | a court reporter to be present who shall make a complete | 5 | | record of
the interview instantaneously to be part of the | 6 | | record in the case.
| 7 | | (3) The interaction and interrelationship of the child | 8 | | with his or her
parents or persons acting as parents who | 9 | | have physical custody of the
child, step-parents, | 10 | | siblings, step-siblings, or any other person who may
| 11 | | significantly affect the child's best interest.
| 12 | | (4) The child's adjustment to his or her home, school, | 13 | | and community.
| 14 | | (e) If it appears to the
court that the conditions and | 15 | | requirements under this Article have been complied with and
| 16 | | that there is no reason why the prayer should not be granted, | 17 | | the court, by
an order to be entered of record, may direct and | 18 | | provide that the name of
that person be changed in accordance | 19 | | with the prayer in the petition. If the circuit court orders | 20 | | that the petition be granted, a copy of the order, including a | 21 | | copy of each applicable access and review response, shall be | 22 | | forwarded to the Department of State Police. The Department of | 23 | | State Police shall update any criminal history record | 24 | | information system or offender registration of each person 18 | 25 | | years of age or older in the order to include the change of | 26 | | name as well as his or her former name. |
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| 1 | | (Source: P.A. 94-944, eff. 1-1-07.)
| 2 | | (735 ILCS 5/21-102.5 new) | 3 | | Sec. 21-102.5. Notice; objection. | 4 | | (a) The circuit court clerk shall promptly
serve a copy of | 5 | | the petition on the State's Attorney where the petitioner | 6 | | resides. | 7 | | (b) The State's Attorney
may file an objection to the | 8 | | petition. All objections shall be in writing, shall be filed | 9 | | with the circuit court clerk, and shall state with specificity | 10 | | the basis of the objection. Objections to a petition must be | 11 | | filed within 30 days of the date of service of the petition | 12 | | upon the State's Attorney. ".
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