Full Text of HB2542 102nd General Assembly
HB2542ham001 102ND GENERAL ASSEMBLY | Rep. Kelly M. Cassidy Filed: 4/13/2021
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| 1 | | AMENDMENT TO HOUSE BILL 2542
| 2 | | AMENDMENT NO. ______. Amend House Bill 2542 on page 1, | 3 | | line 7 after "school," by inserting " name, "; and
| 4 | | on page 9, line 22 after "school," by inserting " name "; and | 5 | | on page 13, by replacing line 1 with the following: | 6 | | "changing Sections 21-101, 21-102, 21-102.5, and 21-103 as | 7 | | follows:"; and
| 8 | | on page 13, line 24 by deleting " and "; and
| 9 | | on page 14, line 10, after " completed ", by inserting " , | 10 | | terminated, "; and
| 11 | | on page 19, line 18, after "clerk," by inserting " shall be | 12 | | served upon the petitioner, "; and |
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| 1 | | on page 20 by deleting line 7 through line 12; and | 2 | | on page 20 by replacing line 14 through line 16 with the | 3 | | following:
| 4 | | "(735 ILCS 5/21-103) (from Ch. 110, par. 21-103)
| 5 | | Sec. 21-103. Notice by publication.
| 6 | | (a) Previous notice shall be given of the intended | 7 | | application by
publishing a notice thereof in some newspaper | 8 | | published in the municipality
in which the person resides if | 9 | | the municipality is in a county with a
population under | 10 | | 2,000,000, or if the person does not reside
in a municipality | 11 | | in a county with a population under 2,000,000,
or if no | 12 | | newspaper is published in the municipality or if the person | 13 | | resides
in a county with a population of 2,000,000 or more, | 14 | | then in some newspaper
published in the county where the | 15 | | person resides, or if no newspaper
is published in that | 16 | | county, then in some convenient newspaper published
in this | 17 | | State. The notice shall be inserted for 3 consecutive weeks | 18 | | after filing, the
first insertion to be at least 6 weeks before | 19 | | the return day upon which
the petition is to be heard, and | 20 | | shall be signed by the petitioner or, in
case of a minor, the | 21 | | minor's parent or guardian, and shall set
forth the return day | 22 | | of court on which the petition is to be heard and the
name | 23 | | sought to be assumed.
| 24 | | (b) The publication requirement of subsection (a) shall |
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| 1 | | not be
required in any application for a change of name | 2 | | involving a minor if,
before making judgment under this | 3 | | Article, reasonable notice and opportunity
to be heard is | 4 | | given to any parent whose parental rights have not been
| 5 | | previously terminated and to any person who has physical | 6 | | custody of the
child. If any of these persons are outside this | 7 | | State, notice and
opportunity to be heard shall be given under | 8 | | Section 21-104.
| 9 | | (b-3) The publication requirement of subsection (a) shall | 10 | | not be required in any application for a change of name | 11 | | involving a person who has received a judgment for dissolution | 12 | | of marriage or declaration of invalidity of marriage and | 13 | | wishes to change his or her name to resume the use of his or | 14 | | her former or maiden name. | 15 | | (b-5) The Upon motion, the court may issue an order | 16 | | directing that the notice and publication requirement be | 17 | | waived for a change of name involving a person who files with | 18 | | the court a statement, verified under oath as provided under | 19 | | Section 1-109 of this Code, written declaration that the | 20 | | person believes that publishing notice of the name change | 21 | | would be a hardship, including but not limited to, a negative | 22 | | impact on the person's health or safety. put the person at risk | 23 | | of physical harm or discrimination. The person must provide | 24 | | evidence to support the claim that publishing notice of the | 25 | | name change would put the person at risk of physical harm or | 26 | | discrimination. |
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| 1 | | (b-6) In a case where waiver of the notice and publication | 2 | | requirement is sought, the petition for waiver is presumed | 3 | | granted and heard at the same hearing as the petition for name | 4 | | change. The court retains discretion to determine whether a | 5 | | hardship is shown and may order the petitioner to publish | 6 | | thereafter. | 7 | | (c) The Director of State Police or his or her designee may | 8 | | apply to the
circuit court
for an order directing that the | 9 | | notice and publication requirements of
this Section be waived | 10 | | if the Director or his or her designee certifies that
the name | 11 | | change being sought is intended to protect a witness during | 12 | | and
following a criminal investigation or proceeding.
| 13 | | (c-1) The court may also enter a written order waiving the | 14 | | publication requirement of subsection (a) if: | 15 | | (i) the petitioner is 18 years of age or older; and | 16 | | (ii) concurrent with the petition, the petitioner | 17 | | files with the court a statement, verified under oath as | 18 | | provided under Section 1-109 of this Code, attesting that | 19 | | the petitioner is or has been a person protected under the | 20 | | Illinois Domestic Violence Act of 1986, the Stalking No | 21 | | Contact Order Act, the Civil No Contact Order Act, Article | 22 | | 112A of the Code of Criminal Procedure of 1963, a | 23 | | condition of bail under subsections (b) through (d) of | 24 | | Section 110-10 of the Code of Criminal Procedure of 1963, | 25 | | or a similar provision of a law in another state or | 26 | | jurisdiction. |
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| 1 | | The petitioner may attach to the statement any supporting | 2 | | documents, including relevant court orders. | 3 | | (c-2) If the petitioner files a statement attesting that | 4 | | disclosure of the petitioner's address would put the | 5 | | petitioner or any member of the petitioner's family or | 6 | | household at risk or reveal the confidential address of a | 7 | | shelter for domestic violence victims, that address may be | 8 | | omitted from all documents filed with the court, and the | 9 | | petitioner may designate an alternative address for service. | 10 | | (c-3) Court administrators may allow domestic abuse | 11 | | advocates, rape crisis advocates, and victim advocates to | 12 | | assist petitioners in the preparation of name changes under | 13 | | subsection (c-1). | 14 | | (c-4) If the publication requirements of subsection (a) | 15 | | have been waived, the circuit court shall enter an order | 16 | | impounding the case. | 17 | | (d) The maximum rate charged for publication of a notice | 18 | | under this Section may not exceed the lowest classified rate | 19 | | paid by commercial users for comparable space in the newspaper | 20 | | in which the notice appears and shall include all cash | 21 | | discounts, multiple insertion discounts, and similar benefits | 22 | | extended to the newspaper's regular customers. | 23 | | (Source: P.A. 100-520, eff. 1-1-18 (see Section 5 of P.A. | 24 | | 100-565 for the effective date of P.A. 100-520); 100-788, eff. | 25 | | 1-1-19; 100-966, eff. 1-1-19; 101-81, eff. 7-12-19; 101-203, | 26 | | eff. 1-1-20 .)".
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