Full Text of HB2542 102nd General Assembly
HB2542enr 102ND GENERAL ASSEMBLY |
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| 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 Arsonist Registration Act is amended by | 5 | | changing Sections 35 and 65 as follows: | 6 | | (730 ILCS 148/35)
| 7 | | Sec. 35. Duty to report change of address, school, name, | 8 | | or employment. Any person who is required to register under | 9 | | this Act shall report in person to the appropriate law | 10 | | enforcement agency with whom he or she last registered within | 11 | | one year from the date of last registration and every year | 12 | | thereafter. If any person required to register under this Act | 13 | | changes his or her residence address, place of employment, or | 14 | | school, he or she shall, in writing, within 10 days inform the | 15 | | law enforcement agency with whom he or she last registered of | 16 | | his or her new address, change in employment, or school and | 17 | | register with the appropriate law enforcement agency within | 18 | | the time period specified in Section 10. Any person who is | 19 | | required to register under this Act and is granted a legal name | 20 | | change pursuant to subsection (b) of Section 21-101 of the | 21 | | Code of Civil Procedure shall, in writing, within 10 days | 22 | | inform the law enforcement agency with whom they last | 23 | | registered of their name change. The law enforcement agency |
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| 1 | | shall, within 3 days of receipt, notify the Department of | 2 | | State Police and the law enforcement agency having | 3 | | jurisdiction of the new place of residence, change in | 4 | | employment, or school.
If any person required to register | 5 | | under this Act establishes a residence or employment outside | 6 | | of the State of Illinois, within 10 days after establishing | 7 | | that residence or employment, he or she shall, in writing, | 8 | | inform the law enforcement agency with which he or she last | 9 | | registered of his or her out-of-state residence or employment. | 10 | | The law enforcement agency with which such person last | 11 | | registered shall, within 3 days notice of an address or | 12 | | employment change, notify the Department of State Police. The | 13 | | Department of State Police shall forward such information to | 14 | | the out-of-state law enforcement agency having jurisdiction in | 15 | | the form and manner prescribed by the Department of State | 16 | | Police.
| 17 | | (Source: P.A. 93-949, eff. 1-1-05.) | 18 | | (730 ILCS 148/65)
| 19 | | Sec. 65. Penalty. Any person who is required to register | 20 | | under this Act who violates any of the provisions of this Act | 21 | | and any person who is required to register under this Act who | 22 | | seeks to change his or her name under Article XXI of the Code | 23 | | of Civil Procedure is guilty of a Class 4 felony unless, as | 24 | | provided under Section 21-101 of the Code of Civil Procedure, | 25 | | that person verifies under oath that the petition for the name |
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| 1 | | change is due to marriage, religious beliefs, status as a | 2 | | victim of trafficking or gender-related identity as defined by | 3 | | the Illinois Human Rights Act . Any person who is required to | 4 | | register under this Act who knowingly or wilfully gives | 5 | | material information required by this Act that is false is | 6 | | guilty of a Class 3 felony. Any person convicted of a violation | 7 | | of any provision of this Act shall, in addition to any other | 8 | | penalty required by law, be required to serve a minimum period | 9 | | of 7 days confinement in the local county jail. The court shall | 10 | | impose a mandatory minimum fine of $500 for failure to comply | 11 | | with any provision of this Act. These fines shall be deposited | 12 | | in the Arsonist Registration Fund. An arsonist who violates | 13 | | any provision of this Act may be tried in any Illinois county | 14 | | where the arsonist can be located.
| 15 | | (Source: P.A. 99-78, eff. 7-20-15.) | 16 | | Section 10. The Sex Offender Registration Act is amended | 17 | | by changing Sections 6 and 10 as follows:
| 18 | | (730 ILCS 150/6)
| 19 | | Sec. 6. Duty to report; change of address, school, name or | 20 | | employment; duty
to inform.
A person who has been adjudicated | 21 | | to be sexually dangerous or is a sexually
violent person and is | 22 | | later released, or found to be no longer sexually
dangerous or | 23 | | no longer a sexually violent person and discharged, or | 24 | | convicted of a violation of this Act after July 1, 2005, shall |
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| 1 | | report in
person to the law enforcement agency with whom he or | 2 | | she last registered no
later than 90 days after the date of his | 3 | | or her last registration and every 90
days thereafter and at | 4 | | such other times at the request of the law enforcement agency | 5 | | not to exceed 4 times a year. Such sexually dangerous or | 6 | | sexually
violent person must report all new or changed e-mail | 7 | | addresses, all new or changed instant messaging identities, | 8 | | all new or changed chat room identities, and all other new or | 9 | | changed Internet communications identities that the sexually | 10 | | dangerous or sexually
violent person uses or plans to use, all | 11 | | new or changed Uniform Resource Locators (URLs) registered or | 12 | | used by the sexually dangerous or sexually
violent person, and | 13 | | all new or changed blogs and other Internet sites maintained | 14 | | by the sexually dangerous or sexually
violent person or to | 15 | | which the sexually dangerous or sexually
violent person has | 16 | | uploaded any content or posted any messages or information. | 17 | | Any person who lacks a fixed residence must report weekly, in | 18 | | person, to the appropriate law enforcement agency where the | 19 | | sex offender is located. Any other person who is required to | 20 | | register under this
Article shall report in person to the | 21 | | appropriate law enforcement agency with
whom he or she last | 22 | | registered within one year from the date of last
registration | 23 | | and every year thereafter and at such other times at the | 24 | | request of the law enforcement agency not to exceed 4 times a | 25 | | year. If any person required to register under this Article | 26 | | lacks a fixed residence or temporary domicile, he or she must |
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| 1 | | notify, in person, the agency of jurisdiction of his or her | 2 | | last known address within 3 days after ceasing to have a fixed | 3 | | residence and if the offender leaves the last jurisdiction of | 4 | | residence, he or she, must within 3 days after leaving | 5 | | register in person with the new agency of jurisdiction. If any | 6 | | other person required to register
under this Article changes | 7 | | his or her residence address, place of
employment,
telephone | 8 | | number, cellular telephone number, or school, he or she shall | 9 | | report in
person, to the law
enforcement agency
with whom he or | 10 | | she last registered, his or her new address, change in
| 11 | | employment, telephone number, cellular telephone number, or | 12 | | school, all new or changed e-mail addresses, all new or | 13 | | changed instant messaging identities, all new or changed chat | 14 | | room identities, and all other new or changed Internet | 15 | | communications identities that the sex offender uses or plans | 16 | | to use, all new or changed Uniform Resource Locators (URLs) | 17 | | registered or used by the sex offender, and all new or changed | 18 | | blogs and other Internet sites maintained by the sex offender | 19 | | or to which the sex offender has uploaded any content or posted | 20 | | any messages or information, and register, in person, with the | 21 | | appropriate law enforcement
agency within the
time period | 22 | | specified in Section 3. If any person required to register | 23 | | under this Article is granted a legal name change pursuant to | 24 | | subsection (b) of Section 21-101 of the Code of Civil | 25 | | Procedure, they shall report, in person, within 3 days of | 26 | | their legal name change, to the law enforcement agency with |
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| 1 | | whom they last registered. If the sex offender is a child sex | 2 | | offender as defined in Section 11-9.3 or 11-9.4 of the | 3 | | Criminal Code of 1961 or the Criminal Code of 2012, the sex | 4 | | offender shall within 3 days after beginning to reside in a | 5 | | household with a child under 18 years of age who is not his or | 6 | | her own child, provided that his or her own child is not the | 7 | | victim of the sex offense, report that information to the | 8 | | registering law enforcement agency. The law enforcement agency | 9 | | shall, within 3
days of the reporting in person by the person | 10 | | required to register under this Article, notify the Department | 11 | | of State Police of the new place of residence, change in
| 12 | | employment, telephone number, cellular telephone number, or | 13 | | school. | 14 | | If any person required to register under this Article | 15 | | intends to establish a
residence or employment outside of the | 16 | | State of Illinois, at least 10 days
before establishing that | 17 | | residence or employment, he or she shall report in person to | 18 | | the law enforcement agency with which he or she last | 19 | | registered of his
or her out-of-state intended residence or | 20 | | employment. The law enforcement agency with
which such person | 21 | | last registered shall, within 3 days after the reporting in | 22 | | person of the person required to register under this Article | 23 | | of an address or
employment change, notify the Department of | 24 | | State Police. The Department of
State Police shall forward | 25 | | such information to the out-of-state law enforcement
agency | 26 | | having jurisdiction in the form and manner prescribed by the
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| 1 | | Department of State Police. | 2 | | (Source: P.A. 96-1094, eff. 1-1-11; 96-1104, eff. 1-1-11; | 3 | | 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13.)
| 4 | | (730 ILCS 150/10) (from Ch. 38, par. 230)
| 5 | | Sec. 10. Penalty.
| 6 | | (a) Any person who is required to register under this
| 7 | | Article who violates any of the provisions of this Article and | 8 | | any person
who is required to register under this Article who | 9 | | seeks to change his or her
name under Article XXI of the Code | 10 | | of Civil Procedure is guilty of a Class 3
felony , unless, as
| 11 | | provided under Section 21-101 of the Code of Civil Procedure, | 12 | | that person verifies under oath that the petition for the name | 13 | | change is due to marriage, religious beliefs, status as a | 14 | | victim of trafficking or gender-related identity as defined by | 15 | | the Illinois Human Rights Act .
Any person who is convicted for | 16 | | a violation of this Act for a second or subsequent time is | 17 | | guilty of a Class 2 felony , unless, as
provided under Section | 18 | | 21-101 of the Code of Civil Procedure, that person verifies | 19 | | under oath that the petition for the name change is due to | 20 | | marriage, religious beliefs, status as a victim of trafficking | 21 | | or gender-related identity as defined by the Illinois Human | 22 | | Rights Act . Any person who is required to register under this | 23 | | Article who
knowingly or willfully gives material information | 24 | | required by this Article that
is false is guilty of a Class 3 | 25 | | felony.
Any person convicted of a violation of any provision |
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| 1 | | of this Article
shall, in addition to any other penalty | 2 | | required by law, be required to serve a
minimum period of 7 | 3 | | days confinement in the local county jail. The court shall
| 4 | | impose a mandatory minimum fine of $500 for failure to comply | 5 | | with any
provision of this Article. These fines shall be | 6 | | deposited in the Offender
Registration Fund. Any sex offender, | 7 | | as defined in Section 2 of this Act,
or sexual predator who | 8 | | violates any
provision of this Article may be arrested and
| 9 | | tried in any Illinois county where the sex
offender can be | 10 | | located. The local police department or sheriff's office is | 11 | | not required to determine whether the person is living within | 12 | | its jurisdiction.
| 13 | | (b) Any person, not covered by privilege under Part 8 of | 14 | | Article VIII of the Code of Civil Procedure or the Illinois | 15 | | Supreme Court's Rules of Professional Conduct, who has reason | 16 | | to believe that a sexual predator is not complying, or has not | 17 | | complied, with the requirements of this Article and who, with | 18 | | the intent to assist the sexual predator in eluding a law | 19 | | enforcement agency that is seeking to find the sexual predator | 20 | | to question the sexual predator about, or to arrest the sexual | 21 | | predator for, his or her noncompliance with the requirements | 22 | | of this Article is guilty of a Class 3 felony if he or she: | 23 | | (1) provides false information to the law enforcement | 24 | | agency having jurisdiction about the sexual predator's | 25 | | noncompliance with the requirements of this Article, and, | 26 | | if known, the whereabouts of the sexual predator; |
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| 1 | | (2) harbors, or attempts to harbor, or assists another | 2 | | person in harboring or attempting to harbor, the sexual | 3 | | predator; or | 4 | | (3) conceals or attempts to conceal, or assists | 5 | | another person in concealing or attempting to conceal, the | 6 | | sexual predator. | 7 | | (c) Subsection (b) does not apply if the sexual predator | 8 | | is incarcerated in or is in the custody of a State correctional | 9 | | facility, a private correctional facility, a county or | 10 | | municipal jail, a State mental health facility or a State | 11 | | treatment and detention facility, or a federal correctional | 12 | | facility.
| 13 | | (d) Subsections (a) and (b) do not apply if the sex | 14 | | offender accurately registered his or her Internet protocol | 15 | | address under this Act, and the address subsequently changed | 16 | | without his or her knowledge or intent.
| 17 | | (Source: P.A. 101-571, eff. 8-23-19.)
| 18 | | Section 15. The Murderer and Violent Offender Against | 19 | | Youth Registration Act is amended by changing Sections 30 and | 20 | | 60 as follows: | 21 | | (730 ILCS 154/30)
| 22 | | Sec. 30. Duty to report; change of address, school, name, | 23 | | or employment; duty
to inform.
Any violent offender against | 24 | | youth who is required to register under this
Act shall report |
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| 1 | | in person to the appropriate law enforcement agency with
whom | 2 | | he or she last registered within one year from the date of last
| 3 | | registration and every year thereafter and at such other times | 4 | | at the request of the law enforcement agency not to exceed 4 | 5 | | times a year. If any person required to register under this Act | 6 | | lacks a fixed residence or temporary domicile, he or she must | 7 | | notify, in person, the agency of jurisdiction of his or her | 8 | | last known address within 5 days after ceasing to have a fixed | 9 | | residence and if the offender leaves the last jurisdiction of | 10 | | residence, he or she must, within 48 hours after leaving, | 11 | | register in person with the new agency of jurisdiction. If any | 12 | | other person required to register
under this Act changes his | 13 | | or her residence address, place of
employment,
or school, he | 14 | | or she shall report in
person to the law
enforcement agency
| 15 | | with whom he or she last registered of his or her new address, | 16 | | change in
employment, or school and register, in person, with | 17 | | the appropriate law enforcement
agency within the
time period | 18 | | specified in Section 10. The law enforcement agency shall, | 19 | | within 3
days of the reporting in person by the person required | 20 | | to register under this Act, notify the Department of State | 21 | | Police of the new place of residence, change in
employment, or | 22 | | school. If any person required to
register under this Act is | 23 | | granted a legal name change pursuant to subsection (b) of | 24 | | Section 21-101 of the Code of Civil Procedure, they shall | 25 | | report, in person, within 5 days of receiving their legal name | 26 | | change order, their legal name change to the law enforcement |
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| 1 | | agency with whom they last registered. | 2 | | If any person required to register under this Act intends | 3 | | to establish a
residence or employment outside of the State of | 4 | | Illinois, at least 10 days
before establishing that residence | 5 | | or employment, he or she shall report in person to the law | 6 | | enforcement agency with which he or she last registered of his
| 7 | | or her out-of-state intended residence or employment. The law | 8 | | enforcement agency with
which such person last registered | 9 | | shall, within 3 days after the reporting in person of the | 10 | | person required to register under this Act of an address or
| 11 | | employment change, notify the Department of State Police. The | 12 | | Department of
State Police shall forward such information to | 13 | | the out-of-state law enforcement
agency having jurisdiction in | 14 | | the form and manner prescribed by the
Department of State | 15 | | Police.
| 16 | | (Source: P.A. 94-945, eff. 6-27-06.) | 17 | | (730 ILCS 154/60)
| 18 | | Sec. 60. Penalty. Any person who is required to register | 19 | | under this
Act who violates any of the provisions of this Act | 20 | | and any person
who is required to register under this Act who | 21 | | seeks to change his or her
name under Article XXI of the Code | 22 | | of Civil Procedure is guilty of a Class 3
felony unless, as | 23 | | provided under Section 21-101 of the Code of Civil Procedure, | 24 | | that person verifies under oath that the petition for the name | 25 | | change is due to marriage, religious beliefs, status as a |
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| 1 | | victim of trafficking or gender-related identity as defined by | 2 | | the Illinois Human Rights Act .
Any person who is convicted for | 3 | | a violation of this Act for a second or subsequent time is | 4 | | guilty of a Class 2 felony unless, as
provided under Section | 5 | | 21-101 of the Code of Civil Procedure, that person verifies | 6 | | under oath that the petition for the name change is due to | 7 | | marriage, religious beliefs, status as a victim of trafficking | 8 | | or gender-related identity as defined by the Illinois Human | 9 | | Rights Act . Any person who is required to register under this | 10 | | Act who
knowingly or willfully gives material information | 11 | | required by this Act that
is false is guilty of a Class 3 | 12 | | felony.
Any person convicted of a violation of any provision | 13 | | of this Act
shall, in addition to any other penalty required by | 14 | | law, be required to serve a
minimum period of 7 days | 15 | | confinement in the local county jail. The court shall
impose a | 16 | | mandatory minimum fine of $500 for failure to comply with any
| 17 | | provision of this Act. These fines shall be deposited into the | 18 | | Offender Registration Fund. Any violent offender against youth | 19 | | who violates any
provision of this Act may be arrested and
| 20 | | tried in any Illinois county where the violent offender | 21 | | against youth can be located. The local police department or | 22 | | sheriff's office is not required to determine whether the | 23 | | person is living within its jurisdiction.
| 24 | | (Source: P.A. 101-571, eff. 8-23-19.) | 25 | | Section 20. The Code of Civil Procedure is amended by |
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| 1 | | changing Sections 21-101, 21-102, 21-102.5, and 21-103 as | 2 | | follows:
| 3 | | (735 ILCS 5/21-101) (from Ch. 110, par. 21-101)
| 4 | | Sec. 21-101. Proceedings; parties. | 5 | | (a) If any person who is a resident of
this State and has | 6 | | resided in this State for 6 months desires to change his
or her | 7 | | name and to assume another name by which to be afterwards | 8 | | called and
known, the person may file a petition requesting | 9 | | that relief in the circuit court of the county
wherein he or | 10 | | she resides praying for that relief . | 11 | | (b) A person who has been convicted of any offense for | 12 | | which a person is required to register under the Sex Offender | 13 | | Registration Act, the Murderer and Violent Offender Against | 14 | | Youth Registration Act, or the Arsonist Registration Act in | 15 | | this State or any other state and who has not been pardoned is
| 16 | | not permitted to file a petition for a name change in the | 17 | | courts of this State during the period that the person is | 18 | | required to register, unless that person verifies under oath, | 19 | | as provided under Section 1-109, that the petition for the | 20 | | name change is due to marriage, religious beliefs, status as a | 21 | | victim of trafficking or gender-related identity as defined by | 22 | | the Illinois Human Rights Act. A judge may grant or deny the | 23 | | request for legal name change filed by such persons. Any such | 24 | | persons granted a legal name change shall report the change to | 25 | | the law enforcement agency having jurisdiction of their |
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| 1 | | current registration pursuant to the Duty to Report | 2 | | requirements specified in Section 35 of the Arsonist | 3 | | Registration Act, Section 20 of the Murderer and Violent | 4 | | Offender Against Youth Registration Act, and Section 6 of the | 5 | | Sex Offender Registration Act. For the purposes of this | 6 | | subsection, a person will not face a felony charge if the | 7 | | person's request for legal name change is denied without proof | 8 | | of perjury. | 9 | | (b-1) A person who has been convicted of a felony offense | 10 | | in this State or any other state and whose sentence has not | 11 | | been completed, terminated, or discharged is not permitted to | 12 | | file a petition for a name change in the courts of this State | 13 | | unless that person is pardoned for the offense. The
filing of a | 14 | | petition in accordance with this Section shall be the sole and
| 15 | | exclusive means by which any person committed under the laws | 16 | | of this State
to a penal institution may change his or her name | 17 | | and assume another
name. However, any person convicted of a | 18 | | felony in this State or any other
state
who has not been | 19 | | pardoned may not file a
petition for a name change until 10 | 20 | | years have passed since completion and
discharge from his or | 21 | | her sentence. A person who has been convicted of identity | 22 | | theft, aggravated identity theft, felony or misdemeanor | 23 | | criminal
sexual abuse when the victim of the offense at the | 24 | | time of its commission is
under 18 years of age, felony or | 25 | | misdemeanor sexual exploitation of a child, felony or | 26 | | misdemeanor
indecent solicitation of a child, or felony or |
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| 1 | | misdemeanor indecent solicitation of an
adult, or any other | 2 | | offense for which a person is required to register under the | 3 | | Sex Offender Registration Act in this State or any other state | 4 | | who has not been pardoned shall not be permitted to file a | 5 | | petition for a name change in the courts of Illinois. | 6 | | (c) A petitioner may include his or her
spouse
and adult | 7 | | unmarried children,
with their consent, and his or her minor | 8 | | children where it appears to the
court that it is for their | 9 | | best interest, in the petition and relief requested prayer , | 10 | | and
the court's order shall then include the spouse and | 11 | | children. Whenever any
minor has resided in the family of any | 12 | | person for the space of 3 years
and has been recognized and | 13 | | known as an adopted child in the family of
that person, the | 14 | | application herein provided for may be made by the person
| 15 | | having that minor in his or her family.
| 16 | | An order shall be entered as to a minor only if the court | 17 | | finds by
clear and convincing evidence that the change is | 18 | | necessary to serve the
best interest of the child. In | 19 | | determining the best interest of a minor
child under this | 20 | | Section, the court shall consider all relevant factors,
| 21 | | including:
| 22 | | (1) The wishes of the child's parents and any person | 23 | | acting as a parent
who has physical custody of the child.
| 24 | | (2) The wishes of the child and the reasons for those | 25 | | wishes. The
court may interview the child in chambers to | 26 | | ascertain the child's wishes
with respect to the change of |
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| 1 | | name. Counsel shall be present at the
interview unless | 2 | | otherwise agreed upon by the parties. The court shall
| 3 | | cause a court reporter to be present who shall make a | 4 | | complete record of
the interview instantaneously to be | 5 | | part of the record in the case.
| 6 | | (3) The interaction and interrelationship of the child | 7 | | with his or her
parents or persons acting as parents who | 8 | | have physical custody of the
child, step-parents, | 9 | | siblings, step-siblings, or any other person who may
| 10 | | significantly affect the child's best interest.
| 11 | | (4) The child's adjustment to his or her home, school, | 12 | | and community.
| 13 | | (d) If it appears to the
court that the conditions and | 14 | | requirements under this Article have been complied with and
| 15 | | that there is no reason why the relief requested prayer should | 16 | | not be granted, the court, by
an order to be entered of record, | 17 | | may direct and provide that the name of
that person be changed | 18 | | in accordance with the relief requested prayer in the | 19 | | petition. If the circuit court orders that a name change be | 20 | | granted to a person who has been adjudicated or convicted of a | 21 | | 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, a copy of the order, | 25 | | including a copy of each applicable access and review | 26 | | response, shall be forwarded to the Department of State |
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| 1 | | Police. The Department of State Police shall update any | 2 | | criminal history transcript or offender registration of each | 3 | | person 18 years of age or older in the order to include the | 4 | | change of name as well as his or her former name. | 5 | | (Source: P.A. 100-370, eff. 1-1-18 .)
| 6 | | (735 ILCS 5/21-102) (from Ch. 110, par. 21-102)
| 7 | | Sec. 21-102. Petition; update criminal history transcript. | 8 | | (a) The petition shall be a statewide standardized form | 9 | | approved by the Illinois Supreme Court and shall set forth the | 10 | | name then held,
the name sought to be assumed, the residence of | 11 | | the petitioner, the length
of time the petitioner has resided | 12 | | in this State, and the state or country
of the petitioner's | 13 | | nativity or supposed nativity. The petition shall include a | 14 | | statement, verified under oath as provided under Section 1-109 | 15 | | of this Code, whether or not the petitioner or any other person | 16 | | 18 years of age or older who will be subject to a change of | 17 | | name under the petition if granted: (1) has been adjudicated | 18 | | or convicted of a felony or misdemeanor offense under the laws | 19 | | of this State or any other state for which a pardon has not | 20 | | been granted; or (2) has an arrest for which a charge has not | 21 | | been filed or a pending charge on a felony or misdemeanor | 22 | | offense. The petition shall be
signed by the person | 23 | | petitioning or, in case of minors, by the parent or
guardian | 24 | | having the legal custody of the minor. The petition shall be
| 25 | | verified by the affidavit of some credible person.
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| 1 | | (b) If the statement provided under subsection (a) of this | 2 | | Section indicates the petitioner or any other person 18 years | 3 | | of age or older who will be subject to a change of name under | 4 | | the petition, if granted, has been adjudicated or convicted of | 5 | | a felony or misdemeanor offense under the laws of this State or | 6 | | any other state for which a pardon has not been granted, or has | 7 | | an arrest for which a charge has not been filed or a pending | 8 | | charge on a felony or misdemeanor offense, the State's | 9 | | Attorney may request the court to or the court may on its own | 10 | | motion, require the person, prior to a hearing on the | 11 | | petition, to initiate an update of his or her criminal history | 12 | | transcript with the Department of State Police. The Department | 13 | | shall allow a person to use the Access and Review process, | 14 | | established by rule in the Department, for this purpose. Upon | 15 | | completion of the update of the criminal history transcript, | 16 | | the petitioner shall file confirmation of each update with the | 17 | | court, which shall seal the records from disclosure outside of | 18 | | court proceedings on the petition. | 19 | | (c) Any petition filed under subsection (a) shall include | 20 | | the following: "WARNING: If you are required to register under | 21 | | the Sex Offender Registration Act, the Murderer and Violent | 22 | | Offender Against Youth Registration Act, or the Arsonist | 23 | | Registration Act in this State or a similar law in any other | 24 | | state and have not been pardoned, you will be committing a | 25 | | felony under those respective Acts by seeking a change of name | 26 | | during the registration period UNLESS your request for legal |
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| 1 | | name change is due to marriage, religious beliefs, status as a | 2 | | victim of trafficking or gender related identity as defined by | 3 | | the Illinois Human Rights Act.". | 4 | | (Source: P.A. 100-370, eff. 1-1-18 .)
| 5 | | (735 ILCS 5/21-102.5) | 6 | | Sec. 21-102.5. Notice; objection. | 7 | | (a) The circuit court clerk shall promptly
serve a copy of | 8 | | the petition on the State's Attorney and the Department of | 9 | | State Police if the statement provided under subsection (a) of | 10 | | Section 21-102 indicates that the petitioner, or any other | 11 | | person 18 years of age or older who will be subject to a change | 12 | | of name under the petition, has been adjudicated or convicted | 13 | | of a felony or misdemeanor offense under the laws of this State | 14 | | or any other state for which a pardon has not been granted, or | 15 | | has an arrest for which a charge has not been filed or a | 16 | | pending charge on a felony or misdemeanor offense . | 17 | | (b) The State's Attorney
may file an objection to the | 18 | | petition. All objections shall be in writing, shall be filed | 19 | | with the circuit court clerk, shall be served upon the | 20 | | petitioner, and shall state with specificity the basis of the | 21 | | objection. Objections to a petition must be filed within 30 | 22 | | days of the date of service of the petition upon the State's | 23 | | Attorney if the petitioner: . | 24 | | (1) is the defendant in a pending criminal offense | 25 | | charge; or |
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| 1 | | (2) has been convicted of identity theft, aggravated | 2 | | identity theft, felony or misdemeanor criminal sexual | 3 | | abuse when the victim of the offense at the time of its | 4 | | commission is under 18 years of age, felony or misdemeanor | 5 | | sexual exploitation of a child, felony or misdemeanor | 6 | | indecent solicitation of a child, or felony or misdemeanor | 7 | | indecent solicitation of an adult, and has not been | 8 | | pardoned for the conviction.
| 9 | | (Source: P.A. 100-370, eff. 1-1-18 .)
| 10 | | (735 ILCS 5/21-103) (from Ch. 110, par. 21-103)
| 11 | | Sec. 21-103. Notice by publication.
| 12 | | (a) Previous notice shall be given of the intended | 13 | | application by
publishing a notice thereof in some newspaper | 14 | | published in the municipality
in which the person resides if | 15 | | the municipality is in a county with a
population under | 16 | | 2,000,000, or if the person does not reside
in a municipality | 17 | | in a county with a population under 2,000,000,
or if no | 18 | | newspaper is published in the municipality or if the person | 19 | | resides
in a county with a population of 2,000,000 or more, | 20 | | then in some newspaper
published in the county where the | 21 | | person resides, or if no newspaper
is published in that | 22 | | county, then in some convenient newspaper published
in this | 23 | | State. The notice shall be inserted for 3 consecutive weeks | 24 | | after filing, the
first insertion to be at least 6 weeks before | 25 | | the return day upon which
the petition is to be heard, and |
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| 1 | | shall be signed by the petitioner or, in
case of a minor, the | 2 | | minor's parent or guardian, and shall set
forth the return day | 3 | | of court on which the petition is to be heard and the
name | 4 | | sought to be assumed.
| 5 | | (b) The publication requirement of subsection (a) shall | 6 | | not be
required in any application for a change of name | 7 | | involving a minor if,
before making judgment under this | 8 | | Article, reasonable notice and opportunity
to be heard is | 9 | | given to any parent whose parental rights have not been
| 10 | | previously terminated and to any person who has physical | 11 | | custody of the
child. If any of these persons are outside this | 12 | | State, notice and
opportunity to be heard shall be given under | 13 | | Section 21-104.
| 14 | | (b-3) The publication requirement of subsection (a) shall | 15 | | not be required in any application for a change of name | 16 | | involving a person who has received a judgment for dissolution | 17 | | of marriage or declaration of invalidity of marriage and | 18 | | wishes to change his or her name to resume the use of his or | 19 | | her former or maiden name. | 20 | | (b-5) The Upon motion, the court may issue an order | 21 | | directing that the notice and publication requirement be | 22 | | waived for a change of name involving a person who files with | 23 | | the court a statement, verified under oath as provided under | 24 | | Section 1-109 of this Code, written declaration that the | 25 | | person believes that publishing notice of the name change | 26 | | would be a hardship, including but not limited to, a negative |
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| 1 | | impact on the person's health or safety. put the person at risk | 2 | | of physical harm or discrimination. The person must provide | 3 | | evidence to support the claim that publishing notice of the | 4 | | name change would put the person at risk of physical harm or | 5 | | discrimination. | 6 | | (b-6) In a case where waiver of the notice and publication | 7 | | requirement is sought, the petition for waiver is presumed | 8 | | granted and heard at the same hearing as the petition for name | 9 | | change. The court retains discretion to determine whether a | 10 | | hardship is shown and may order the petitioner to publish | 11 | | thereafter. | 12 | | (c) The Director of State Police or his or her designee may | 13 | | apply to the
circuit court
for an order directing that the | 14 | | notice and publication requirements of
this Section be waived | 15 | | if the Director or his or her designee certifies that
the name | 16 | | change being sought is intended to protect a witness during | 17 | | and
following a criminal investigation or proceeding.
| 18 | | (c-1) The court may also enter a written order waiving the | 19 | | publication requirement of subsection (a) if: | 20 | | (i) the petitioner is 18 years of age or older; and | 21 | | (ii) concurrent with the petition, the petitioner | 22 | | files with the court a statement, verified under oath as | 23 | | provided under Section 1-109 of this Code, attesting that | 24 | | the petitioner is or has been a person protected under the | 25 | | Illinois Domestic Violence Act of 1986, the Stalking No | 26 | | Contact Order Act, the Civil No Contact Order Act, Article |
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| 1 | | 112A of the Code of Criminal Procedure of 1963, a | 2 | | condition of bail under subsections (b) through (d) of | 3 | | Section 110-10 of the Code of Criminal Procedure of 1963, | 4 | | or a similar provision of a law in another state or | 5 | | jurisdiction. | 6 | | The petitioner may attach to the statement any supporting | 7 | | documents, including relevant court orders. | 8 | | (c-2) If the petitioner files a statement attesting that | 9 | | disclosure of the petitioner's address would put the | 10 | | petitioner or any member of the petitioner's family or | 11 | | household at risk or reveal the confidential address of a | 12 | | shelter for domestic violence victims, that address may be | 13 | | omitted from all documents filed with the court, and the | 14 | | petitioner may designate an alternative address for service. | 15 | | (c-3) Court administrators may allow domestic abuse | 16 | | advocates, rape crisis advocates, and victim advocates to | 17 | | assist petitioners in the preparation of name changes under | 18 | | subsection (c-1). | 19 | | (c-4) If the publication requirements of subsection (a) | 20 | | have been waived, the circuit court shall enter an order | 21 | | impounding the case. | 22 | | (d) The maximum rate charged for publication of a notice | 23 | | under this Section may not exceed the lowest classified rate | 24 | | paid by commercial users for comparable space in the newspaper | 25 | | in which the notice appears and shall include all cash | 26 | | discounts, multiple insertion discounts, and similar benefits |
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| 1 | | extended to the newspaper's regular customers. | 2 | | (Source: P.A. 100-520, eff. 1-1-18 (see Section 5 of P.A. | 3 | | 100-565 for the effective date of P.A. 100-520); 100-788, eff. | 4 | | 1-1-19; 100-966, eff. 1-1-19; 101-81, eff. 7-12-19; 101-203, | 5 | | eff. 1-1-20 .)
| 6 | | Section 30. The Illinois Marriage and Dissolution of | 7 | | Marriage Act is amended by changing Section 413 as follows:
| 8 | | (750 ILCS 5/413) (from Ch. 40, par. 413)
| 9 | | Sec. 413. Judgment. | 10 | | (a) A judgment of dissolution
of marriage or of legal | 11 | | separation or of declaration of invalidity of marriage shall | 12 | | be entered within 60 days of the closing of proofs; however, if | 13 | | the court enters an order specifying good cause as to why the | 14 | | court needs an additional 30 days, the judgment shall be | 15 | | entered within 90 days of the closing of proofs, including any | 16 | | hearing under subsection (j) of Section 503 of this Act and | 17 | | submission of closing arguments. A judgment of dissolution
of | 18 | | marriage or of legal separation or of declaration of | 19 | | invalidity of marriage is final
when entered, subject to the | 20 | | right of appeal. An appeal from the judgment
of dissolution of | 21 | | marriage that does not challenge the finding as to grounds
| 22 | | does not delay the finality
of that provision of the judgment | 23 | | which dissolves the marriage, beyond the time for
appealing | 24 | | from that provision, and either of the parties may remarry |
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| 1 | | pending appeal.
An order requiring maintenance or support of a | 2 | | spouse
or a minor
child or children entered under this Act or | 3 | | any other law of this State shall not be suspended or the | 4 | | enforcement thereof stayed pending
the filing and resolution | 5 | | of post-judgment motions or an appeal.
| 6 | | (b) The clerk of the court shall give notice of the entry | 7 | | of a judgment of dissolution
of marriage or legal separation | 8 | | or a declaration of invalidity of marriage:
| 9 | | (1) if the marriage is registered in this State, to | 10 | | the county clerk of the county
where the marriage is | 11 | | registered, who shall enter the fact of dissolution
of | 12 | | marriage or legal
separation or declaration of invalidity | 13 | | of marriage in the marriage registry;
and within 45 days | 14 | | after the close
of the month in which the judgment is | 15 | | entered, the
clerk shall forward
the certificate to the | 16 | | Department of Public Health on a form furnished by the
| 17 | | Department; or
| 18 | | (2) if the marriage is registered in another | 19 | | jurisdiction, to the
appropriate official of that | 20 | | jurisdiction, with the request that he enter the fact of
| 21 | | dissolution of marriage or legal separation or declaration | 22 | | of invalidity
of marriage in the appropriate record.
| 23 | | (c) Unless the person whose marriage is dissolved or | 24 | | declared
invalid requests otherwise, the judgment under this | 25 | | Section shall contain a provision authorizing the person to | 26 | | resume the use of his or her former or maiden name, should he |
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| 1 | | or she choose to do so, at any time he or she chooses to do so. | 2 | | If a judgment contains such a provision, the person resuming | 3 | | the use of his or her former or maiden name is not required to | 4 | | file a petition for a change of name under Article XXI of the | 5 | | Code of Civil Procedure.
| 6 | | If a person whose marriage is dissolved or declared | 7 | | invalid chooses to resume the use of his or her former or | 8 | | maiden name, he or she is not required to provide notice by | 9 | | publication pursuant to subsection (a) of Section 21-103 of | 10 | | the Code of Civil Procedure . | 11 | | (d) A judgment of dissolution of marriage or legal | 12 | | separation, if made, shall
be awarded to both of the parties, | 13 | | and shall provide that it affects the
status previously
| 14 | | existing between the parties in the manner adjudged.
| 15 | | (Source: P.A. 100-520, eff. 1-1-18 (see Section 5 of P.A. | 16 | | 100-565 for the effective date of P.A. 100-520); 101-203, eff. | 17 | | 1-1-20 .)
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