|
Public Act 100-0370
|
| HB2559 Enrolled | LRB100 10923 MRW 21160 b |
|
|
AN ACT concerning civil procedure.
|
Be it enacted by the People of the State of Illinois,
|
represented in the General Assembly:
|
Section 5. The Code of Civil Procedure is amended by |
changing Sections 21-101 and 21-102 and by adding Section |
21-102.5 as follows:
|
(735 ILCS 5/21-101) (from Ch. 110, par. 21-101)
|
Sec. 21-101. Proceedings; parties. |
(a) If any person who is a resident of
this State and has |
resided in this State for 6 months desires to change his
or her |
name and to assume another name by which to be afterwards |
called and
known, the person may file a petition in the circuit |
court of the county
wherein he or she resides praying for that |
relief. If it appears to the
court that the conditions |
hereinafter mentioned have been complied with and
that there is |
no reason why the prayer should not be granted, the court, by
|
an order to be entered of record, may direct and provide that |
the name of
that person be changed in accordance with the |
prayer in the petition. |
(b) The
filing of a petition in accordance with this |
Section shall be the sole and
exclusive means by which any |
person committed under the laws of this State
to a penal |
institution may change his or her name and assume another
name. |
|
However, any person convicted of a felony in this State or any |
other
state
who has not been pardoned may not file a
petition |
for a name change until 10 years have passed since completion |
and
discharge from his or her sentence. A person who has been |
convicted of identity theft, aggravated identity theft, felony |
or misdemeanor criminal
sexual abuse when the victim of the |
offense at the time of its commission is
under 18 years of age, |
felony or misdemeanor sexual exploitation of a child, felony or |
misdemeanor
indecent solicitation of a child, or felony or |
misdemeanor indecent solicitation of an
adult, or any other |
offense for which a person is required to register under the |
Sex Offender Registration Act 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. |
(c) A petitioner may include his or her
spouse
and adult |
unmarried children,
with their consent, and his or her minor |
children where it appears to the
court that it is for their |
best interest, in the petition and prayer, and
the court's |
order shall then include the spouse and children. Whenever any
|
minor has resided in the family of any person for the space of |
3 years
and has been recognized and known as an adopted child |
in the family of
that person, the application herein provided |
for may be made by the person
having that minor in his or her |
family.
|
An order shall be entered as to a minor only if the court |
finds by
clear and convincing evidence that the change is |
|
necessary to serve the
best interest of the child. In |
determining the best interest of a minor
child under this |
Section, the court shall consider all relevant factors,
|
including:
|
(1) The wishes of the child's parents and any person |
acting as a parent
who has physical custody of the child.
|
(2) The wishes of the child and the reasons for those |
wishes. The
court may interview the child in chambers to |
ascertain the child's wishes
with respect to the change of |
name. Counsel shall be present at the
interview unless |
otherwise agreed upon by the parties. The court shall
cause |
a court reporter to be present who shall make a complete |
record of
the interview instantaneously to be part of the |
record in the case.
|
(3) The interaction and interrelationship of the child |
with his or her
parents or persons acting as parents who |
have physical custody of the
child, step-parents, |
siblings, step-siblings, or any other person who may
|
significantly affect the child's best interest.
|
(4) The child's adjustment to his or her home, school, |
and community.
|
(d) If it appears to the
court that the conditions and |
requirements under this Article have been complied with and
|
that there is no reason why the prayer should not be granted, |
the court, by
an order to be entered of record, may direct and |
provide that the name of
that person be changed in accordance |
|
with the prayer in the petition. If the circuit court orders |
that a name change be granted to a person who has been |
adjudicated or convicted of a felony or misdemeanor offense |
under the laws of this State or any other state for which a |
pardon has not been granted, or has an arrest for which a |
charge has not been filed or a pending charge on a felony or |
misdemeanor offense, a copy of the order, including a copy of |
each applicable access and review response, shall be forwarded |
to the Department of State Police. The Department of State |
Police shall update any criminal history transcript or offender |
registration of each person 18 years of age or older in the |
order to include the change of name as well as his or her |
former name. |
(Source: P.A. 94-944, eff. 1-1-07.)
|
(735 ILCS 5/21-102) (from Ch. 110, par. 21-102)
|
Sec. 21-102. Petition; update criminal history transcript. |
(a) The petition shall set forth the name then held,
the |
name sought to be assumed, the residence of the petitioner, the |
length
of time the petitioner has resided in this State, and |
the state or country
of the petitioner's nativity or supposed |
nativity. The petition shall include a statement, verified |
under oath as provided under Section 1-109 of this Code, |
whether or not the petitioner or any other person 18 years of |
age or older who will be subject to a change of name under the |
petition if granted: (1) has been adjudicated or convicted of a |
|
felony or misdemeanor offense under the laws of this State or |
any other state for which a pardon has not been granted; or (2) |
has an arrest for which a charge has not been filed or a |
pending charge on a felony or misdemeanor offense. The petition |
shall be
signed by the person petitioning or, in case of |
minors, by the parent or
guardian having the legal custody of |
the minor. The petition shall be
verified by the affidavit of |
some credible person.
|
(b) If the statement provided under subsection (a) of this |
Section indicates the petitioner or any other person 18 years |
of age or older who will be subject to a change of name under |
the petition, if granted, has been adjudicated or convicted of |
a felony or misdemeanor offense under the laws of this State or |
any other state for which a pardon has not been granted, or has |
an arrest for which a charge has not been filed or a pending |
charge on a felony or misdemeanor offense, the State's Attorney |
may request the court to or the court may on its own motion, |
require the person, prior to a hearing on the petition, to |
initiate an update of his or her criminal history transcript |
with the Department of State Police. The Department shall allow |
a person to use the Access and Review process, established by |
rule in the Department, for this purpose. Upon completion of |
the update of the criminal history transcript, the petitioner |
shall file confirmation of each update with the court, which |
shall seal the records from disclosure outside of court |
proceedings on the petition. |
|
(Source: P.A. 87-409.)
|
(735 ILCS 5/21-102.5 new) |
Sec. 21-102.5. Notice; objection. |
(a) The circuit court clerk shall promptly
serve a copy of |
the petition on the State's Attorney and the Department of |
State Police. |
(b) The State's Attorney
may file an objection to the |
petition. All objections shall be in writing, shall be filed |
with the circuit court clerk, and shall state with specificity |
the basis of the objection. Objections to a petition must be |
filed within 30 days of the date of service of the petition |
upon the State's Attorney.
|