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91_HB0129enr HB0129 Enrolled 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 HB0129 Enrolled -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.)