Illinois General Assembly - Bill Status for HB2559

Replaces everything after the enacting clause. Amends the Code of Civil Procedure. Requires each person 18 years of age or older who will be subject to a change of name under a petition for change of name if granted to initiate a criminal history records check with the Department of State Police. Provides the criminal history records check does not apply to any other person under 18 years of age included in the petition. Provides the Department shall allow a person to use the Access and Review process, established by rule in the Department, for this purpose. Requires the person to attach the results of each criminal history records check to his or her petition. Provides the circuit court clerk shall promptly serve a copy of the petition on the State's Attorney where the petitioner resides. Allows the State's Attorney to file an objection to the petition within 30 days and requires all objections to be in writing, filed with the circuit court clerk, and state with specificity the basis of the objection. Provides if the circuit court orders the petition be granted, a copy of the order, including a copy of each applicable access and review response, shall be forwarded to the Department of State Police who shall update any criminal history record information system or offender registration of each person 18 years of age or older in the petition to include the change of name as well as his or her former name.

Replaces everything after the enacting clause. Amends the Code of Civil Procedure. Requires the petitioner to include in the petition a statement under oath and subject to the penalty of perjury 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 (rather than before filing a petition, each person 18 years of age or older who will be subject to a change of name under the petition if granted must initiate an update of his or her criminal history transcript with the Department of State Police). Provides if the statement 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. Requires the Department to allow a person to use the Access and Review process, established by rule in the Department, for this purpose. Provides the circuit court clerk shall promptly serve a copy of the petition on the Department of State Police. Provides if the court grants a name change 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.

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