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Public Act 91-0062
HB0129 Enrolled LRB9100449RCks
AN ACT to amend the Code of Civil Procedure by changing
Section 21-103.
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 Section 21-103 as follows:
(735 ILCS 5/21-103) (from Ch. 110, par. 21-103)
Sec. 21-103. Notice by publication.
(a) Previous notice shall be given of the intended
application by publishing a notice thereof in some newspaper
published in the municipality in which the person resides if
the municipality is in a county with a population under
2,000,000, or if the person does not reside in a
municipality in a county with a population under 2,000,000,
or if no newspaper is published in the municipality or if the
person resides in a county with a population of 2,000,000 or
more, then in some newspaper published in the county where
the person resides, or if no newspaper is published in that
county, then in some convenient newspaper published in this
State. The notice shall be inserted for 3 consecutive weeks,
the first insertion to be at least 6 weeks before the return
day upon which the petition is to be filed, and shall be
signed by the petitioner or, in case of a minor, the minor's
parent or guardian, and shall set forth the return day of
court on which the petition is to be filed and the name
sought to be assumed.
(b) The publication requirement of subsection (a) shall
not be required in any application for a change of name
involving a minor if, before making judgment under this
Article, reasonable notice and opportunity to be heard is
given to any parent whose parental rights have not been
previously terminated and to any person who has physical
custody of the child. If any of these persons are outside
this State, notice and opportunity to be heard shall be given
under Section 21-104.
(c) The Director of State Police or his or her designee
may apply to the circuit court for an order directing that
the notice and publication requirements of this Section be
waived if the Director or his or her designee certifies that
the name change being sought is intended to protect a witness
during and following a criminal investigation or proceeding.
(Source: P.A. 87-409.)
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