Illinois General Assembly - Full Text of SB2330
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Full Text of SB2330  100th General Assembly

SB2330enr 100TH GENERAL ASSEMBLY

  
  
  

 


 
SB2330 EnrolledLRB100 17753 HEP 32928 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by
5changing Section 21-103 as follows:
 
6    (735 ILCS 5/21-103)  (from Ch. 110, par. 21-103)
7    Sec. 21-103. Notice by publication.
8    (a) Previous notice shall be given of the intended
9application by publishing a notice thereof in some newspaper
10published in the municipality in which the person resides if
11the municipality is in a county with a population under
122,000,000, or if the person does not reside in a municipality
13in a county with a population under 2,000,000, or if no
14newspaper is published in the municipality or if the person
15resides in a county with a population of 2,000,000 or more,
16then in some newspaper published in the county where the person
17resides, or if no newspaper is published in that county, then
18in some convenient newspaper published in this State. The
19notice shall be inserted for 3 consecutive weeks after filing,
20the first insertion to be at least 6 weeks before the return
21day upon which the petition is to be heard, and shall be signed
22by the petitioner or, in case of a minor, the minor's parent or
23guardian, and shall set forth the return day of court on which

 

 

SB2330 Enrolled- 2 -LRB100 17753 HEP 32928 b

1the petition is to be heard and the name sought to be assumed.
2    (b) The publication requirement of subsection (a) shall not
3be required in any application for a change of name involving a
4minor if, before making judgment under this Article, reasonable
5notice and opportunity to be heard is given to any parent whose
6parental rights have not been previously terminated and to any
7person who has physical custody of the child. If any of these
8persons are outside this State, notice and opportunity to be
9heard shall be given under Section 21-104.
10    (c) The Director of State Police or his or her designee may
11apply to the circuit court for an order directing that the
12notice and publication requirements of this Section be waived
13if the Director or his or her designee certifies that the name
14change being sought is intended to protect a witness during and
15following a criminal investigation or proceeding.
16    (c-1) The court may enter a written order waiving the
17publication requirement of subsection (a) if:
18        (i) the petitioner is 18 years of age or older; and
19        (ii) concurrent with the petition, the petitioner
20    files with the court a statement, verified under oath as
21    provided under Section 1-109 of this Code, attesting that
22    the petitioner is or has been a person protected under the
23    Illinois Domestic Violence Act of 1986, the Stalking No
24    Contact Order Act, the Civil No Contact Order Act, Article
25    112A of the Code of Criminal Procedure of 1963, a condition
26    of bail under subsections (b) through (d) of Section 110-10

 

 

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1    of the Code of Criminal Procedure of 1963, or a similar
2    provision of a law in another state or jurisdiction.
3    The petitioner may attach to the statement any supporting
4documents, including relevant court orders.
5    (c-2) If the petitioner files a statement attesting that
6disclosure of the petitioner's address would put the petitioner
7or any member of the petitioner's family or household at risk
8or reveal the confidential address of a shelter for domestic
9violence victims, that address may be omitted from all
10documents filed with the court, and the petitioner may
11designate an alternative address for service.
12    (c-3) Court administrators may allow domestic abuse
13advocates, rape crisis advocates, and victim advocates to
14assist petitioners in the preparation of name changes under
15subsection (c-1).
16    (c-4) If the publication requirements of subsection (a)
17have been waived, the circuit court shall enter an order
18impounding the case.
19    (d) The maximum rate charged for publication of a notice
20under this Section may not exceed the lowest classified rate
21paid by commercial users for comparable space in the newspaper
22in which the notice appears and shall include all cash
23discounts, multiple insertion discounts, and similar benefits
24extended to the newspaper's regular customers.
25(Source: P.A. 100-520, eff. 1-1-18 (see Section 5 of P.A.
26100-565 for the effective date of P.A. 100-520).)