Full Text of HB4179 94th General Assembly
HB4179eng 94TH GENERAL ASSEMBLY
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HB4179 Engrossed |
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LRB094 15041 LCT 50171 b |
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| AN ACT concerning name changes.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Code of Civil Procedure is amended by | 5 |
| changing Section 21-101 as follows:
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| (735 ILCS 5/21-101) (from Ch. 110, par. 21-101)
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| 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 desires to change his
or her name and to assume another | 10 |
| name by which to be afterwards called and
known, the person may | 11 |
| file a petition in the circuit court of the county
wherein he | 12 |
| or she resides praying for that relief. If it appears to the
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| court that the conditions hereinafter mentioned have been | 14 |
| complied with and
that there is no reason why the prayer should | 15 |
| not be granted, the court, by
an order to be entered of record, | 16 |
| may direct and provide that the name of
that person be changed | 17 |
| in accordance with the prayer in the petition. The
filing of a | 18 |
| petition in accordance with this Section shall be the sole and
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| exclusive means by which any person committed under the laws of | 20 |
| this State
to a penal institution may change his or her name | 21 |
| and assume another
name. However, any person convicted of a | 22 |
| felony , misdemeanor criminal
sexual abuse when the victim of | 23 |
| the offense at the time of its commission is
under 18 years of | 24 |
| age, misdemeanor sexual exploitation of a child, misdemeanor
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| indecent solicitation of a child, or misdemeanor indecent | 26 |
| solicitation of an
adult in this State or any other
state
who | 27 |
| has not been pardoned may not file a
petition for a name change | 28 |
| until 2 years have passed since completion and
discharge from | 29 |
| his or her sentence. A person who has been convicted of | 30 |
| identity theft, aggravated identity theft, felony or | 31 |
| misdemeanor criminal
sexual abuse when the victim of the | 32 |
| offense at the time of its commission is
under 18 years of age, |
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LRB094 15041 LCT 50171 b |
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| felony or misdemeanor sexual exploitation of a child, felony or | 2 |
| misdemeanor
indecent solicitation of a child, or felony or | 3 |
| misdemeanor indecent solicitation of an
adult, or any other | 4 |
| offense for which a person is required to register under the | 5 |
| Sex Offender Registration Act in this State or any other state | 6 |
| who has not been pardoned shall not be permitted to file a | 7 |
| petition for a name change in the courts of Illinois. A | 8 |
| petitioner may include his or her
spouse
and adult unmarried | 9 |
| children,
with their consent, and his or her minor children | 10 |
| where it appears to the
court that it is for their best | 11 |
| interest, in the petition and prayer, and
the court's order | 12 |
| shall then include the spouse and children. Whenever any
minor | 13 |
| has resided in the family of any person for the space of 3 | 14 |
| years
and has been recognized and known as an adopted child in | 15 |
| the family of
that person, the application herein provided for | 16 |
| may be made by the person
having that minor in his or her | 17 |
| family.
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| An order shall be entered as to a minor only if the court | 19 |
| finds by
clear and convincing evidence that the change is | 20 |
| necessary to serve the
best interest of the child. In | 21 |
| determining the best interest of a minor
child under this | 22 |
| Section, the court shall consider all relevant factors,
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| including:
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| (1) The wishes of the child's parents and any person | 25 |
| acting as a parent
who has physical custody of the child.
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| (2) The wishes of the child and the reasons for those | 27 |
| wishes. The
court may interview the child in chambers to | 28 |
| ascertain the child's wishes
with respect to the change of | 29 |
| name. Counsel shall be present at the
interview unless | 30 |
| otherwise agreed upon by the parties. The court shall
cause | 31 |
| a court reporter to be present who shall make a complete | 32 |
| record of
the interview instantaneously to be part of the | 33 |
| record in the case.
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| (3) The interaction and interrelationship of the child | 35 |
| with his or her
parents or persons acting as parents who | 36 |
| have physical custody of the
child, step-parents, |
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| siblings, step-siblings, or any other person who may
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| significantly affect the child's best interest.
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| (4) The child's adjustment to his or her home, school, | 4 |
| and community.
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| (Source: P.A. 88-25; 89-192, eff. 1-1-96; 89-462, eff. | 6 |
| 5-29-96.)
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