Bill Amendment: IL HB2559 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: CIV PRO-TECH
Status: 2017-08-25 - Public Act . . . . . . . . . 100-0370 [HB2559 Detail]
Download: Illinois-2017-HB2559-House_Amendment_002.html
Bill Title: CIV PRO-TECH
Status: 2017-08-25 - Public Act . . . . . . . . . 100-0370 [HB2559 Detail]
Download: Illinois-2017-HB2559-House_Amendment_002.html
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1 | AMENDMENT TO HOUSE BILL 2559
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2 | AMENDMENT NO. ______. Amend House Bill 2559 by replacing | ||||||
3 | everything after the enacting clause with the following:
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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:
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7 | (735 ILCS 5/21-101) (from Ch. 110, par. 21-101)
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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
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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.
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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,
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22 | including:
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23 | (1) The wishes of the child's parents and any person | ||||||
24 | acting as a parent
who has physical custody of the child.
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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.
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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
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11 | significantly affect the child's best interest.
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12 | (4) The child's adjustment to his or her home, school, | ||||||
13 | and community.
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14 | (e) If it appears to the
court that the conditions and | ||||||
15 | requirements under this Article have been complied with and
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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.)
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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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