Full Text of SB2513 97th General Assembly
SB2513 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB2513 Introduced 10/26/2011, by Sen. Wm. Sam McCann SYNOPSIS AS INTRODUCED: |
| 735 ILCS 5/21-101 | from Ch. 110, par. 21-101 | 735 ILCS 5/21-102 | from Ch. 110, par. 21-102 |
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Amends the Code of Civil Procedure. In provisions concerning the procedure and petition used by a person to change his or her name, adds the requirement that the person be a United States citizen. Provides that this additional requirement applies to petitions pending on or filed on or after the effective date. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Code of Civil Procedure is amended by | 5 | | changing Sections 21-101 and 21-102 as follows:
| 6 | | (735 ILCS 5/21-101) (from Ch. 110, par. 21-101)
| 7 | | Sec. 21-101. Proceedings; parties. If any person who is a | 8 | | resident of
this State , and has resided in this State for 6 | 9 | | months , and is a United States citizen desires to change his
or | 10 | | her name and to assume another name by which to be afterwards | 11 | | called and
known, the person may file a petition in the circuit | 12 | | court of the county
wherein he or she resides praying for that | 13 | | relief. If it appears to the
court that the conditions | 14 | | hereinafter mentioned have been complied with and
that there is | 15 | | no reason why the prayer should not be granted, the court, by
| 16 | | an order to be entered of record, may direct and provide that | 17 | | the name of
that person be changed in accordance with the | 18 | | prayer in the petition. The
filing of a petition in accordance | 19 | | with this Section shall be the sole and
exclusive means by | 20 | | which any person committed under the laws of this State
to a | 21 | | penal institution may change his or her name and assume another
| 22 | | name. However, any person convicted of a felony in this State | 23 | | or any other
state
who has not been pardoned may not file a
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| 1 | | petition for a name change until 10 years have passed since | 2 | | completion and
discharge from his or her sentence. A person who | 3 | | has been convicted of identity theft, aggravated identity | 4 | | theft, felony or misdemeanor criminal
sexual abuse when the | 5 | | victim of the offense at the time of its commission is
under 18 | 6 | | years of age, felony or misdemeanor sexual exploitation of a | 7 | | child, felony or misdemeanor
indecent solicitation of a child, | 8 | | or felony or misdemeanor indecent solicitation of an
adult, or | 9 | | any other offense for which a person is required to register | 10 | | under the Sex Offender Registration Act in this State or any | 11 | | other state who has not been pardoned shall not be permitted to | 12 | | file a petition for a name change in the courts of Illinois. A | 13 | | petitioner may include his or her
spouse
and adult unmarried | 14 | | children,
with their consent, and his or her minor children | 15 | | where it appears to the
court that it is for their best | 16 | | interest, in the petition and prayer, and
the court's order | 17 | | shall then include the spouse and children. Whenever any
minor | 18 | | has resided in the family of any person for the space of 3 | 19 | | years
and has been recognized and known as an adopted child in | 20 | | the family of
that person, the application herein provided for | 21 | | may be made by the person
having that minor in his or her | 22 | | family.
| 23 | | An order shall be entered as to a minor only if the court | 24 | | finds by
clear and convincing evidence that the change is | 25 | | necessary to serve the
best interest of the child. In | 26 | | determining the best interest of a minor
child under this |
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| 1 | | Section, the court shall consider all relevant factors,
| 2 | | including:
| 3 | | (1) The wishes of the child's parents and any person | 4 | | acting as a parent
who has physical custody of the child.
| 5 | | (2) The wishes of the child and the reasons for those | 6 | | wishes. The
court may interview the child in chambers to | 7 | | ascertain the child's wishes
with respect to the change of | 8 | | name. Counsel shall be present at the
interview unless | 9 | | otherwise agreed upon by the parties. The court shall
cause | 10 | | a court reporter to be present who shall make a complete | 11 | | record of
the interview instantaneously to be part of the | 12 | | record in the case.
| 13 | | (3) The interaction and interrelationship of the child | 14 | | with his or her
parents or persons acting as parents who | 15 | | have physical custody of the
child, step-parents, | 16 | | siblings, step-siblings, or any other person who may
| 17 | | significantly affect the child's best interest.
| 18 | | (4) The child's adjustment to his or her home, school, | 19 | | and community.
| 20 | | The changes made by this amendatory Act of the 97th General | 21 | | Assembly apply to any petition pending on or filed on or after | 22 | | the effective date of this amendatory Act of the 97th General | 23 | | Assembly. | 24 | | (Source: P.A. 94-944, eff. 1-1-07.)
| 25 | | (735 ILCS 5/21-102) (from Ch. 110, par. 21-102)
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| 1 | | Sec. 21-102. Petition. The petition shall set forth the | 2 | | name then held,
the name sought to be assumed, the residence of | 3 | | the petitioner, the length
of time the petitioner has resided | 4 | | in this State, and the state or country
of the petitioner's | 5 | | nativity or supposed nativity , and that the petitioner is a | 6 | | United States citizen . The petition shall be
signed by the | 7 | | person petitioning or, in case of minors, by the parent or
| 8 | | guardian having the legal custody of the minor. The petition | 9 | | shall be
verified by the affidavit of some credible person. | 10 | | The changes made by this amendatory Act of the 97th General | 11 | | Assembly apply to any petition pending on or filed on or after | 12 | | the effective date of this amendatory Act of the 97th General | 13 | | Assembly.
| 14 | | (Source: P.A. 87-409.)
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.
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