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 Bill Status of HB2723  100th General Assembly


Short Description:  CIV PRO-NAME CHANGE; FELONS

House Sponsors
Rep. Kelly M. Cassidy - Carol Ammons

Senate Sponsors
(Sen. Toi W. Hutchinson )

Last Action
DateChamber Action
  5/26/2017SenateRule 3-9(a) / Re-referred to Assignments

Statutes Amended In Order of Appearance
735 ILCS 5/21-101from Ch. 110, par. 21-101
735 ILCS 5/21-103from Ch. 110, par. 21-103
735 ILCS 5/21-103.5 new


Synopsis As Introduced
Amends the Code of Civil Procedure. In provisions concerning change of name, provides that a person interested in the matter shall make known any objection to the granting of the petition for change of name by filing a written objection stating the reasons for the objection with the court at least 2 court days before the matter is scheduled to be heard and by appearing in court at the hearing to show cause why the petition for change of name should not be granted. Provides that if no written objection is timely filed, the court may grant the petition. Deletes language restricting or prohibiting the filing of a petition for change of name by persons convicted of certain crimes. Provides instead that if the petitioner 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, 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, and the petitioner has not been pardoned, the clerk shall notify the Illinois State Police so that they may have the opportunity to file a timely objection to the petition for change of name. Provides that the court may waive specified publication requirements and order that the record of the proceeding be designated confidential if the court finds good cause for entering such an order, including evidence that publication or availability of a record of the proceeding will place the petitioner or another individual in physical danger and evidence that the petitioner or another individual has been the victim of stalking or assaultive behavior.

House Committee Amendment No. 1
Deletes reference to:
735 ILCS 5/21-103.5 new
Adds reference to:
735 ILCS 5/21-102.5 new
735 ILCS 5/21-106 new

Deletes provision providing a person interested in the name change petition may file an objection to the petition at least 2 court days before a scheduled court hearing on the matter. Requires the circuit court clerk to promptly serve a copy of the petition on the State's Attorney where the petitioner resides. Allows the State's Attorney to file an objection to the name change petition if the petitioner: (1) is the defendant in a pending criminal offense charge; (2) 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 (3) has been convicted of any other offense for which he or she is required to register under the Sex Offender Registration Act in this State or any other state; and has not been pardoned for the conviction of an offense listed under (2) or (3). Deletes provision requiring notice to the Department of State Police. Provides the court may order that the records of the clerk of the circuit court of a proceeding under this Article be sealed until further order of the court upon good cause shown.

Senate Committee Amendment No. 1
Adds reference to:
(735 ILCS 5/21-102)(from Ch. 110, par. 21-102)

Restores the prohibition on a person required to register under the Sex Offender Registration Act in this State or any other state who has not been pardoned from filing a petition for a name change in the courts of Illinois during the period he or she is required to register. Adds to the prohibition persons required to register under the Murderer and Violent Offender Against Youth Registration Act or Arsonist Registration Act. Further amends the Code of Civil Procedure. Requires any petition form that a person may file as a name change petition by filling in the blanks in the form with his or her information to contain the following: "WARNING: A person who is required to register under the Sex Offender Registration Act, Murderer and Violent Offender Against Youth Registration Act, or Arsonist Registration Act in this State or similar law in any other state who has not been pardoned commits a felony offense under those respective Acts by seeking to change his or her name during his or her registration period. Makes conforming changes.

Actions 
DateChamber Action
  2/8/2017HouseFiled with the Clerk by Rep. Kelly M. Cassidy
  2/8/2017HouseFirst Reading
  2/8/2017HouseReferred to Rules Committee
  2/22/2017HouseAssigned to Judiciary - Civil Committee
  2/24/2017HouseTo Domestic Relations Law Subcommittee
  3/22/2017HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Kelly M. Cassidy
  3/22/2017HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/23/2017HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary - Civil Committee
  3/29/2017HouseRecommends Do Pass Subcommittee/ Judiciary - Civil Committee; 003-000-000
  3/29/2017HouseReported Back To Judiciary - Civil Committee;
  3/29/2017HouseHouse Committee Amendment No. 1 Adopted in Judiciary - Civil Committee; by Voice Vote
  3/29/2017HouseDo Pass as Amended / Short Debate Judiciary - Civil Committee; 011-000-000
  3/29/2017HousePlaced on Calendar 2nd Reading - Short Debate
  4/4/2017HouseSecond Reading - Short Debate
  4/4/2017HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/24/2017HouseThird Reading - Short Debate - Passed 077-034-000
  4/24/2017HouseAdded Chief Co-Sponsor Rep. Carol Ammons
  4/25/2017SenateArrive in Senate
  4/25/2017SenatePlaced on Calendar Order of First Reading
  4/25/2017SenateChief Senate Sponsor Sen. Toi W. Hutchinson
  4/25/2017SenateFirst Reading
  4/25/2017SenateReferred to Assignments
  5/2/2017SenateAssigned to Criminal Law
  5/9/2017SenatePostponed - Criminal Law
  5/12/2017SenateRule 2-10 Committee Deadline Established As May 19, 2017
  5/16/2017SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Toi W. Hutchinson
  5/16/2017SenateSenate Committee Amendment No. 1 Referred to Assignments
  5/19/2017SenatePostponed - Criminal Law
  5/19/2017SenateSenate Committee Amendment No. 1 Assignments Refers to Criminal Law
  5/19/2017SenateRule 2-10 Committee Deadline Established As May 26, 2017
  5/22/2017SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. Toi W. Hutchinson
  5/22/2017SenateSenate Committee Amendment No. 2 Referred to Assignments
  5/23/2017SenateSenate Committee Amendment No. 1 Adopted
  5/24/2017SenatePostponed - Criminal Law
  5/24/2017SenateSenate Committee Amendment No. 2 Assignments Refers to Criminal Law
  5/26/2017SenateRule 3-9(a) / Re-referred to Assignments
  5/26/2017SenateSenate Committee Amendment No. 2 Rule 3-9(a) / Re-referred to Assignments

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