Rep. Kelly M. Cassidy

Filed: 3/22/2017

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2723

2    AMENDMENT NO. ______. Amend House Bill 2723 as follows:
 
3on page 1, in lines 5 and 6, by replacing "Section 21-103.5"
4with "Sections 21-102.5 and 21-106"; and
 
5by replacing line 18 on page 1 through line 3 on page 2 with "in
6accordance with the prayer in the petition. The filing of a
7petition in accordance with this"; and
 
8on page 4, by inserting immediately below line 2 the following:
 
9    "(735 ILCS 5/21-102.5 new)
10    Sec. 21-102.5. Notice; objection.
11    (a) The circuit court clerk shall promptly serve a copy of
12the petition on the State's Attorney where the petitioner
13resides.
14    (b) The State's Attorney may file an objection if the

 

 

10000HB2723ham001- 2 -LRB100 08926 MRW 24044 a

1petitioner:
2        (1) is the defendant in a pending criminal offense
3    charge;
4        (2) has been convicted of identity theft, aggravated
5    identity theft, felony or misdemeanor criminal sexual
6    abuse when the victim of the offense at the time of its
7    commission is under 18 years of age, felony or misdemeanor
8    sexual exploitation of a child, felony or misdemeanor
9    indecent solicitation of a child, or felony or misdemeanor
10    indecent solicitation of an adult; or
11        (3) has been convicted of any other offense for which
12    he or she is required to register under the Sex Offender
13    Registration Act in this State or any other state; and
14        (4) has not been pardoned for the conviction of an
15    offense listed under paragraph (2) or (3) of this
16    subsection (b).
17    (c) All objections shall be in writing, shall be filed with
18the circuit court clerk, and shall state with specificity the
19basis of the objection. Objections to a petition must be filed
20within 30 days of the date of service of the petition upon the
21State's Attorney."; and
 
22by replacing line 20 on page 5 through line 9 on page 6 with the
23following:
 
24    "(735 ILCS 5/21-106 new)

 

 

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1    Sec. 21-106. Sealing.
2    The court may order that the records of the clerk of the
3circuit court of a proceeding under this Article be sealed
4until further order of the court upon good cause shown. Good
5cause includes, but is not limited to, evidence that
6availability of the records of the proceeding will place the
7petitioner or another person in physical danger; evidence that
8the petitioner or another person has been the victim of
9stalking, domestic violence, or assaultive behavior; or
10evidence of certification by the Department of State Police
11under subsection (c) of Section 21-103 of this Article of the
12name change to protect a witness during or following a criminal
13investigation or proceeding.".