Full Text of HB2559 100th General Assembly
HB2559ham003 100TH GENERAL ASSEMBLY | Rep. Elaine Nekritz Filed: 4/21/2017
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| 1 | | AMENDMENT TO HOUSE BILL 2559
| 2 | | AMENDMENT NO. ______. Amend House Bill 2559, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Code of Civil Procedure is amended by | 6 | | changing Sections 21-101 and 21-102 and by adding Section | 7 | | 21-102.5 as follows:
| 8 | | (735 ILCS 5/21-101) (from Ch. 110, par. 21-101)
| 9 | | Sec. 21-101. Proceedings; parties. | 10 | | (a) If any person who is a resident of
this State and has | 11 | | resided in this State for 6 months desires to change his
or her | 12 | | name and to assume another name by which to be afterwards | 13 | | called and
known, the person may file a petition in the circuit | 14 | | court of the county
wherein he or she resides praying for that | 15 | | relief. If it appears to the
court that the conditions | 16 | | hereinafter mentioned have been complied with and
that there is |
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| 1 | | no reason why the prayer should not be granted, the court, by
| 2 | | an order to be entered of record, may direct and provide that | 3 | | the name of
that person be changed in accordance with the | 4 | | prayer in the petition. | 5 | | (b) The
filing of a petition in accordance with this | 6 | | Section shall be the sole and
exclusive means by which any | 7 | | person committed under the laws of this State
to a penal | 8 | | institution may change his or her name and assume another
name. | 9 | | However, any person convicted of a felony in this State or any | 10 | | other
state
who has not been pardoned may not file a
petition | 11 | | for a name change until 10 years have passed since completion | 12 | | and
discharge from his or her sentence. A person who has been | 13 | | convicted of identity theft, aggravated identity theft, felony | 14 | | or misdemeanor criminal
sexual abuse when the victim of the | 15 | | offense at the time of its commission is
under 18 years of age, | 16 | | felony or misdemeanor sexual exploitation of a child, felony or | 17 | | misdemeanor
indecent solicitation of a child, or felony or | 18 | | misdemeanor indecent solicitation of an
adult, or any other | 19 | | offense for which a person is required to register under the | 20 | | Sex Offender Registration Act in this State or any other state | 21 | | who has not been pardoned shall not be permitted to file a | 22 | | petition for a name change in the courts of Illinois. | 23 | | (c) A petitioner may include his or her
spouse
and adult | 24 | | unmarried children,
with their consent, and his or her minor | 25 | | children where it appears to the
court that it is for their | 26 | | best interest, in the petition and prayer, and
the court's |
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| 1 | | order shall then include the spouse and children. Whenever any
| 2 | | minor has resided in the family of any person for the space of | 3 | | 3 years
and has been recognized and known as an adopted child | 4 | | in the family of
that person, the application herein provided | 5 | | for may be made by the person
having that minor in his or her | 6 | | family.
| 7 | | An order shall be entered as to a minor only if the court | 8 | | finds by
clear and convincing evidence that the change is | 9 | | necessary to serve the
best interest of the child. In | 10 | | determining the best interest of a minor
child under this | 11 | | Section, the court shall consider all relevant factors,
| 12 | | including:
| 13 | | (1) The wishes of the child's parents and any person | 14 | | acting as a parent
who has physical custody of the child.
| 15 | | (2) The wishes of the child and the reasons for those | 16 | | wishes. The
court may interview the child in chambers to | 17 | | ascertain the child's wishes
with respect to the change of | 18 | | name. Counsel shall be present at the
interview unless | 19 | | otherwise agreed upon by the parties. The court shall
cause | 20 | | a court reporter to be present who shall make a complete | 21 | | record of
the interview instantaneously to be part of the | 22 | | record in the case.
| 23 | | (3) The interaction and interrelationship of the child | 24 | | with his or her
parents or persons acting as parents who | 25 | | have physical custody of the
child, step-parents, | 26 | | siblings, step-siblings, or any other person who may
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| 1 | | significantly affect the child's best interest.
| 2 | | (4) The child's adjustment to his or her home, school, | 3 | | and community.
| 4 | | (d) If it appears to the
court that the conditions and | 5 | | requirements under this Article have been complied with and
| 6 | | that there is no reason why the prayer should not be granted, | 7 | | the court, by
an order to be entered of record, may direct and | 8 | | provide that the name of
that person be changed in accordance | 9 | | with the prayer in the petition. If the circuit court orders | 10 | | that a name change be granted to a person who has been | 11 | | adjudicated or convicted of a felony or misdemeanor offense | 12 | | under the laws of this State or any other state for which a | 13 | | pardon has not been granted, or has an arrest for which a | 14 | | charge has not been filed or a pending charge on a felony or | 15 | | misdemeanor offense, a copy of the order, including a copy of | 16 | | each applicable access and review response, shall be forwarded | 17 | | to the Department of State Police. The Department of State | 18 | | Police shall update any criminal history transcript or offender | 19 | | registration of each person 18 years of age or older in the | 20 | | order to include the change of name as well as his or her | 21 | | former name. | 22 | | (Source: P.A. 94-944, eff. 1-1-07.)
| 23 | | (735 ILCS 5/21-102) (from Ch. 110, par. 21-102)
| 24 | | Sec. 21-102. Petition ; update criminal history transcript . | 25 | | (a) The petition shall set forth the name then held,
the |
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| 1 | | name sought to be assumed, the residence of the petitioner, the | 2 | | length
of time the petitioner has resided in this State, and | 3 | | the state or country
of the petitioner's nativity or supposed | 4 | | nativity. The petition shall include a statement, verified | 5 | | under oath as provided under Section 1-109 of this Code, | 6 | | whether or not the petitioner or any other person 18 years of | 7 | | age or older who will be subject to a change of name under the | 8 | | petition if granted: (1) has been adjudicated or convicted of a | 9 | | felony or misdemeanor offense under the laws of this State or | 10 | | any other state for which a pardon has not been granted; or (2) | 11 | | has an arrest for which a charge has not been filed or a | 12 | | pending charge on a felony or misdemeanor offense. The petition | 13 | | shall be
signed by the person petitioning or, in case of | 14 | | minors, by the parent or
guardian having the legal custody of | 15 | | the minor. The petition shall be
verified by the affidavit of | 16 | | some credible person.
| 17 | | (b) If the statement provided under subsection (a) of this | 18 | | Section indicates the petitioner or any other person 18 years | 19 | | of age or older who will be subject to a change of name under | 20 | | the petition, if granted, has been adjudicated or convicted of | 21 | | a felony or misdemeanor offense under the laws of this State or | 22 | | any other state for which a pardon has not been granted, or has | 23 | | an arrest for which a charge has not been filed or a pending | 24 | | charge on a felony or misdemeanor offense, the State's Attorney | 25 | | may request the court to or the court may on its own motion, | 26 | | require the person, prior to a hearing on the petition, to |
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| 1 | | initiate an update of his or her criminal history transcript | 2 | | with the Department of State Police. The Department shall allow | 3 | | a person to use the Access and Review process, established by | 4 | | rule in the Department, for this purpose. Upon completion of | 5 | | the update of the criminal history transcript, the petitioner | 6 | | shall file confirmation of each update with the court, which | 7 | | shall seal the records from disclosure outside of court | 8 | | proceedings on the petition. | 9 | | (Source: P.A. 87-409.)
| 10 | | (735 ILCS 5/21-102.5 new) | 11 | | Sec. 21-102.5. Notice; objection. | 12 | | (a) The circuit court clerk shall promptly
serve a copy of | 13 | | the petition on the State's Attorney and the Department of | 14 | | State Police. | 15 | | (b) The State's Attorney
may file an objection to the | 16 | | petition. All objections shall be in writing, shall be filed | 17 | | with the circuit court clerk, and shall state with specificity | 18 | | the basis of the objection. Objections to a petition must be | 19 | | filed within 30 days of the date of service of the petition | 20 | | upon the State's Attorney. ".
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