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Sen. William E. Peterson
Filed: 3/9/2006
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09400HB4179sam001 |
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LRB094 15041 LCT 57007 a |
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| AMENDMENT TO HOUSE BILL 4179
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| AMENDMENT NO. ______. Amend House Bill 4179 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Code of Civil Procedure is amended by |
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| 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 |
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| resident of
this State and has resided in this State for 6 |
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| months desires to change his
or her name and to assume another |
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| name by which to be afterwards called and
known, the person may |
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| file a petition in the circuit court of the county
wherein he |
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| or she resides praying for that relief. If it appears to the
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| court that the conditions hereinafter mentioned have been |
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| complied with and
that there is no reason why the prayer should |
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| not be granted, the court, by
an order to be entered of record, |
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| may direct and provide that the name of
that person be changed |
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| in accordance with the prayer in the petition. The
filing of a |
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| 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 |
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| this State
to a penal institution may change his or her name |
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| and assume another
name. However, any person convicted of a |
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| felony, misdemeanor criminal
sexual abuse when the victim of |
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| the offense at the time of its commission is
under 18 years of |
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| age, misdemeanor sexual exploitation of a child, misdemeanor
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09400HB4179sam001 |
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LRB094 15041 LCT 57007 a |
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| indecent solicitation of a child, or misdemeanor indecent |
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| solicitation of an
adult in this State or any other
state
who |
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| has not been pardoned may not file a
petition for a name change |
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| until 10 years have passed since completion and
discharge from |
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| his or her sentence. A person who has been convicted of |
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| identity theft, aggravated identity theft, felony or |
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| misdemeanor criminal
sexual abuse when the victim of the |
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| offense at the time of its commission is
under 18 years of age, |
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| felony or misdemeanor sexual exploitation of a child, felony or |
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| misdemeanor
indecent solicitation of a child, or felony or |
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| misdemeanor indecent solicitation of an
adult, or any other |
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| offense for which a person is required to register under the |
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| Sex Offender Registration Act in this State or any other state |
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| who has not been pardoned shall not be permitted to file a |
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| petition for a name change in the courts of Illinois.
A person |
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| who is required to register as a sex offender under the Sex
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| Offender Registration Act may not file a petition for a name |
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| change until the
person is no longer under a duty to register |
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| under that Act. A petitioner may include his or her
spouse
and |
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| adult unmarried children,
with their consent, and his or her |
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| minor children where it appears to the
court that it is for |
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| their best interest, in the petition and prayer, and
the |
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| court's order shall then include the spouse and children. |
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| Whenever any
minor has resided in the family of any person for |
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| the space of 3 years
and has been recognized and known as an |
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| adopted child in the family of
that person, the application |
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| herein provided for may be made by the person
having that minor |
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| in his or her family.
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| An order shall be entered as to a minor only if the court |
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| finds by
clear and convincing evidence that the change is |
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| necessary to serve the
best interest of the child. In |
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| determining the best interest of a minor
child under this |
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| Section, the court shall consider all relevant factors,
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| including:
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09400HB4179sam001 |
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LRB094 15041 LCT 57007 a |
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| (1) The wishes of the child's parents and any person |
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| 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 |
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| wishes. The
court may interview the child in chambers to |
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| ascertain the child's wishes
with respect to the change of |
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| name. Counsel shall be present at the
interview unless |
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| otherwise agreed upon by the parties. The court shall
cause |
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| a court reporter to be present who shall make a complete |
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| record of
the interview instantaneously to be part of the |
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| record in the case.
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| (3) The interaction and interrelationship of the child |
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| with his or her
parents or persons acting as parents who |
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| 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, |
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| and community.
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| (Source: P.A. 88-25; 89-192, eff. 1-1-96; 89-462, eff. |
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| 5-29-96.)".
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