Illinois General Assembly - Full Text of HB2559
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Full Text of HB2559  100th General Assembly


Rep. Elaine Nekritz

Filed: 3/24/2017





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2    AMENDMENT NO. ______. Amend House Bill 2559 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Code of Civil Procedure is amended by
5changing Section 21-101 and by adding Section 21-102.5 as
7    (735 ILCS 5/21-101)  (from Ch. 110, par. 21-101)
8    Sec. 21-101. Proceedings; parties.
9    (a) If any person who is a resident of this State and has
10resided in this State for 6 months desires to change his or her
11name and to assume another name by which to be afterwards
12called and known, the person may file a petition in the circuit
13court of the county wherein he or she resides praying for that
15    (b) Before filing a petition, each person 18 years of age
16or older who will be subject to a change of name under the



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1petition if granted must initiate a criminal history records
2check with the Department of State Police. The criminal history
3records check does not apply to any other person under 18 years
4of age included in the petition under subsection (d) of this
5Section. The Department shall allow a person to use the Access
6and Review process, established by rule in the Department, for
7this purpose. Upon completion of the criminal history records
8check, the petitioner shall attach the results of each records
9check to the petition to be filed with the court. If it appears
10to the court that the conditions hereinafter mentioned have
11been complied with and that there is no reason why the prayer
12should not be granted, the court, by an order to be entered of
13record, may direct and provide that the name of that person be
14changed in accordance with the prayer in the petition.
15    (c) The filing of a petition in accordance with this
16Section shall be the sole and exclusive means by which any
17person committed under the laws of this State to a penal
18institution may change his or her name and assume another name.
19However, any person convicted of a felony in this State or any
20other state who has not been pardoned may not file a petition
21for a name change until 10 years have passed since completion
22and discharge from his or her sentence. A person who has been
23convicted of identity theft, aggravated identity theft, felony
24or misdemeanor criminal sexual abuse when the victim of the
25offense at the time of its commission is under 18 years of age,
26felony or misdemeanor sexual exploitation of a child, felony or



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1misdemeanor indecent solicitation of a child, or felony or
2misdemeanor indecent solicitation of an adult, or any other
3offense for which a person is required to register under the
4Sex Offender Registration Act in this State or any other state
5who has not been pardoned shall not be permitted to file a
6petition for a name change in the courts of Illinois.
7    (d) A petitioner may include his or her spouse and adult
8unmarried children, with their consent, and his or her minor
9children where it appears to the court that it is for their
10best interest, in the petition and prayer, and the court's
11order shall then include the spouse and children. Whenever any
12minor has resided in the family of any person for the space of
133 years and has been recognized and known as an adopted child
14in the family of that person, the application herein provided
15for may be made by the person having that minor in his or her
17    An order shall be entered as to a minor only if the court
18finds by clear and convincing evidence that the change is
19necessary to serve the best interest of the child. In
20determining the best interest of a minor child under this
21Section, the court shall consider all relevant factors,
23        (1) The wishes of the child's parents and any person
24    acting as a parent who has physical custody of the child.
25        (2) The wishes of the child and the reasons for those
26    wishes. The court may interview the child in chambers to



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1    ascertain the child's wishes with respect to the change of
2    name. Counsel shall be present at the interview unless
3    otherwise agreed upon by the parties. The court shall cause
4    a court reporter to be present who shall make a complete
5    record of the interview instantaneously to be part of the
6    record in the case.
7        (3) The interaction and interrelationship of the child
8    with his or her parents or persons acting as parents who
9    have physical custody of the child, step-parents,
10    siblings, step-siblings, or any other person who may
11    significantly affect the child's best interest.
12        (4) The child's adjustment to his or her home, school,
13    and community.
14    (e) If it appears to the court that the conditions and
15requirements under this Article have been complied with and
16that there is no reason why the prayer should not be granted,
17the court, by an order to be entered of record, may direct and
18provide that the name of that person be changed in accordance
19with the prayer in the petition. If the circuit court orders
20that the petition be granted, a copy of the order, including a
21copy of each applicable access and review response, shall be
22forwarded to the Department of State Police. The Department of
23State Police shall update any criminal history record
24information system or offender registration of each person 18
25years of age or older in the order to include the change of
26name as well as his or her former name.



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1(Source: P.A. 94-944, eff. 1-1-07.)
2    (735 ILCS 5/21-102.5 new)
3    Sec. 21-102.5. Notice; objection.
4    (a) The circuit court clerk shall promptly serve a copy of
5the petition on the State's Attorney where the petitioner
7    (b) The State's Attorney may file an objection to the
8petition. All objections shall be in writing, shall be filed
9with the circuit court clerk, and shall state with specificity
10the basis of the objection. Objections to a petition must be
11filed within 30 days of the date of service of the petition
12upon the State's Attorney.".