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| Public Act 100-0788 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Code of Civil Procedure is amended by | ||||
changing Section 21-103 as follows:
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(735 ILCS 5/21-103) (from Ch. 110, par. 21-103)
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Sec. 21-103. Notice by publication.
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(a) Previous notice shall be given of the intended | ||||
application by
publishing a notice thereof in some newspaper | ||||
published in the municipality
in which the person resides if | ||||
the municipality is in a county with a
population under | ||||
2,000,000, or if the person does not reside
in a municipality | ||||
in a county with a population under 2,000,000,
or if no | ||||
newspaper is published in the municipality or if the person | ||||
resides
in a county with a population of 2,000,000 or more, | ||||
then in some newspaper
published in the county where the person | ||||
resides, or if no newspaper
is published in that county, then | ||||
in some convenient newspaper published
in this State. The | ||||
notice shall be inserted for 3 consecutive weeks after filing, | ||||
the
first insertion to be at least 6 weeks before the return | ||||
day upon which
the petition is to be heard, and shall be signed | ||||
by the petitioner or, in
case of a minor, the minor's parent or | ||||
guardian, and shall set
forth the return day of court on which | ||||
the petition is to be heard and the
name sought to be assumed.
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(b) The publication requirement of subsection (a) shall not | ||
be
required in any application for a change of name involving a | ||
minor if,
before making judgment under this Article, reasonable | ||
notice and opportunity
to be heard is given to any parent whose | ||
parental rights have not been
previously terminated and to any | ||
person who has physical custody of the
child. If any of these | ||
persons are outside this State, notice and
opportunity to be | ||
heard shall be given under Section 21-104.
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(c) The Director of State Police or his or her designee may | ||
apply to the
circuit court
for an order directing that the | ||
notice and publication requirements of
this Section be waived | ||
if the Director or his or her designee certifies that
the name | ||
change being sought is intended to protect a witness during and
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following a criminal investigation or proceeding.
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(c-1) The court may enter a written order waiving the | ||
publication requirement of subsection (a) if: | ||
(i) the petitioner is 18 years of age or older; and | ||
(ii) concurrent with the petition, the petitioner | ||
files with the court a statement, verified under oath as | ||
provided under Section 1-109 of this Code, attesting that | ||
the petitioner is or has been a person protected under the | ||
Illinois Domestic Violence Act of 1986, the Stalking No | ||
Contact Order Act, the Civil No Contact Order Act, Article | ||
112A of the Code of Criminal Procedure of 1963, a condition | ||
of bail under subsections (b) through (d) of Section 110-10 | ||
of the Code of Criminal Procedure of 1963, or a similar | ||
provision of a law in another state or jurisdiction. | ||
The petitioner may attach to the statement any supporting | ||
documents, including relevant court orders. | ||
(c-2) If the petitioner files a statement attesting that | ||
disclosure of the petitioner's address would put the petitioner | ||
or any member of the petitioner's family or household at risk | ||
or reveal the confidential address of a shelter for domestic | ||
violence victims, that address may be omitted from all | ||
documents filed with the court, and the petitioner may | ||
designate an alternative address for service. | ||
(c-3) Court administrators may allow domestic abuse | ||
advocates, rape crisis advocates, and victim advocates to | ||
assist petitioners in the preparation of name changes under | ||
subsection (c-1). | ||
(c-4) If the publication requirements of subsection (a) | ||
have been waived, the circuit court shall enter an order | ||
impounding the case. | ||
(d) The maximum rate charged for publication of a notice | ||
under this Section may not exceed the lowest classified rate | ||
paid by commercial users for comparable space in the newspaper | ||
in which the notice appears and shall include all cash | ||
discounts, multiple insertion discounts, and similar benefits | ||
extended to the newspaper's regular customers. | ||
(Source: P.A. 100-520, eff. 1-1-18 (see Section 5 of P.A. | ||
100-565 for the effective date of P.A. 100-520).)
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