Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Public Act 100-0370


 

Public Act 0370 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0370
 
HB2559 EnrolledLRB100 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.

Effective Date: 1/1/2018