94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4138


 
Introduced 10/24/05, by Rep. JoAnn D. Osmond
 
SYNOPSIS AS INTRODUCED:
 		














735 ILCS 5/21-101
  from Ch. 110, par. 21-101







    Amends the Code of Civil Procedure.  Provides that a person who is convicted of identity theft, aggravated identity theft,  misdemeanor criminal
sexual abuse when the victim of the offense at the time of its commission is
under 18 years of age, misdemeanor sexual exploitation of a child, misdemeanor
indecent solicitation of a child, or misdemeanor indecent solicitation of an
adult in this State or any other state who has not been pardoned shall not be permitted to file a petition for a name change in the courts of Illinois.
















LRB094 14701 LCT 49668 b

















 


 


A BILL FOR









 











HB4138

LRB094 14701 LCT 49668 b






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    AN ACT concerning name changes.

 
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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 
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changing Section 21-101 as follows:
 



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    (735 ILCS 5/21-101)  (from Ch. 110, par. 21-101)



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    Sec. 21-101. Proceedings; parties. If any person who is a 
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resident of
this State and has resided in this State for 6 
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months desires to change his
or her name and to assume another 
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name by which to be afterwards called and
known, the person may 
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file a petition in the circuit court of the county
wherein he 
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or she resides praying for that relief.  If it appears to the

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court that the conditions hereinafter mentioned have been 
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complied with and
that there is no reason why the prayer should 
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not be granted, the court, by
an order to be entered of record, 
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may direct and provide that the name of
that person be changed 
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in accordance with the prayer in the petition.  The
filing of a 
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petition in accordance with this Section shall be the sole and

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exclusive means by which any person committed under the laws of 
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this State
to a penal institution may change his or her name 
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and assume another
name.  However, any person convicted of a 
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felony, misdemeanor criminal
sexual abuse when the victim of 
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the offense at the time of its commission is
under 18 years of 
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age, misdemeanor sexual exploitation of a child, misdemeanor

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indecent solicitation of a child, or misdemeanor indecent 
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solicitation of an
adult in this State or any other
state
who 
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has not been pardoned may not file a
petition for a name change 
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until 2 years have passed since completion and
discharge from 
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his or her sentence.  A person who has been convicted of 
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identity theft, aggravated identity theft, misdemeanor 
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criminal
sexual abuse when the victim of the offense at the 
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time of its commission is
under 18 years of age, misdemeanor 
 


 






HB4138
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LRB094 14701 LCT 49668 b




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sexual exploitation of a child, misdemeanor
indecent 
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solicitation of a child, or misdemeanor indecent solicitation 
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of an
adult in this State or any other state who has not been 
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pardoned shall not be permitted to file a petition for a name 
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change in the courts of Illinois. A petitioner may include his 
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or her
spouse
and adult unmarried children,
with their consent, 
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and his or her minor children where it appears to the
court 
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that it is for their best interest, in the petition and prayer, 
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and
the court's order shall then include the spouse and 
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children. Whenever any
minor has resided in the family of any 
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person for the space of 3 years
and has been recognized and 
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known as an adopted child in the family of
that person, the 
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application herein provided for may be made by the person

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having that minor in his or her family.

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    An order shall be entered as to a minor only if the court 
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finds by
clear and convincing evidence that the change is 
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necessary to serve the
best interest of the child.  In 
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determining the best interest of a minor
child under this 
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Section, the court shall consider all relevant factors,

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including:


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        (1) The wishes of the child's parents and any person 
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    acting as a parent
who has physical custody of the child.


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        (2) The wishes of the child and the reasons for those 
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    wishes.  The
court may interview the child in chambers to 
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    ascertain the child's wishes
with respect to the change of 
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    name.  Counsel shall be present at the
interview unless 
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    otherwise agreed upon by the parties.  The court shall
cause 
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    a court reporter to be present who shall make a complete 
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    record of
the interview instantaneously to be part of the 
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    record in the case.


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        (3) The interaction and interrelationship of the child 
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    with his or her
parents or persons acting as parents who 
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    have physical custody of the
child, step-parents, 
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    siblings, step-siblings, or any other person who may

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    significantly affect the child's best interest.


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        (4) The child's adjustment to his or her home, school, 
 


 






HB4138
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    and community.

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(Source: P.A. 88-25; 89-192, eff. 1-1-96; 89-462, eff. 
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5-29-96.)