[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Engrossed ] | [ Enrolled ] |
91_HB0129
LRB9100449RCks
1 AN ACT to amend the Code of Civil Procedure by changing
2 Section 21-103.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Civil Procedure is amended by
6 changing Section 21-103 as follows:
7 (735 ILCS 5/21-103) (from Ch. 110, par. 21-103)
8 Sec. 21-103. Notice by publication.
9 (a) Previous notice shall be given of the intended
10 application by publishing a notice thereof in some newspaper
11 published in the municipality in which the person resides if
12 the municipality is in a county with a population under
13 2,000,000, or if the person does not reside in a
14 municipality in a county with a population under 2,000,000,
15 or if no newspaper is published in the municipality or if the
16 person resides in a county with a population of 2,000,000 or
17 more, then in some newspaper published in the county where
18 the person resides, or if no newspaper is published in that
19 county, then in some convenient newspaper published in this
20 State. The notice shall be inserted for 3 consecutive weeks,
21 the first insertion to be at least 6 weeks before the return
22 day upon which the petition is to be filed, and shall be
23 signed by the petitioner or, in case of a minor, the minor's
24 parent or guardian, and shall set forth the return day of
25 court on which the petition is to be filed and the name
26 sought to be assumed.
27 (b) The publication requirement of subsection (a) shall
28 not be required in any application for a change of name
29 involving a minor if, before making judgment under this
30 Article, reasonable notice and opportunity to be heard is
31 given to any parent whose parental rights have not been
-2- LRB9100449RCks
1 previously terminated and to any person who has physical
2 custody of the child. If any of these persons are outside
3 this State, notice and opportunity to be heard shall be given
4 under Section 21-104.
5 (c) The Director of State Police or his or her designee
6 may apply to the circuit court for an order directing that
7 the notice and publication requirements of this Section be
8 waived if the Director or his or her designee certifies that
9 the name change being sought is intended to protect a witness
10 during and following a criminal investigation or proceeding.
11 (Source: P.A. 87-409.)