Bill Text: IL HB5183 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Change of Name Article of the Code of Civil Procedure. Replaces existing language prohibiting persons with certain criminal convictions from petitioning for a name change with language providing that: a person who has been convicted of any offense for which a person is required to register under the Sex Offender Registration Act, the Murderer and Violent Offender Against Youth Registration Act, or the Arsonist Registration Act and who has not been pardoned is not permitted to file a petition for a name change during the period that the person is required to register, unless that person verifies under oath that the petition for the name change is due to marriage, transgender status, religious beliefs, or status as a victim of trafficking; and a person who has been convicted of a felony and whose sentence has not been completed or discharged is not permitted to file a petition for a name change in the courts of this State unless that person is pardoned for the offense. Provides that a person will not face a felony charge if the person's request for legal name change is denied without proof of perjury. Requires a warning to appear on a name change petition describing the penalties for seeking a prohibited name change. Makes various changes to the criteria for objections by a State's Attorney to a name change petition. Provides that a court may order that the record of the name change proceeding be designated confidential and waive the publication requirement if the court finds good cause for entering the order. Makes other changes. Makes conforming changes in the Arsonist Registration Act, the Sex Offender Registration Act, and the Murderer and Violent Offender Against Youth Registration Act.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB5183 Detail]

Download: Illinois-2019-HB5183-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB5183 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED:
730 ILCS 148/65
730 ILCS 150/10 from Ch. 38, par. 230
730 ILCS 154/60
735 ILCS 5/21-101 from Ch. 110, par. 21-101
735 ILCS 5/21-102 from Ch. 110, par. 21-102
735 ILCS 5/21-102.5
735 ILCS 5/21-103 from Ch. 110, par. 21-103
Amends the Change of Name Article of the Code of Civil Procedure. Replaces existing language prohibiting persons with certain criminal convictions from petitioning for a name change with language providing that: a person who has been convicted of any offense for which a person is required to register under the Sex Offender Registration Act, the Murderer and Violent Offender Against Youth Registration Act, or the Arsonist Registration Act and who has not been pardoned is not permitted to file a petition for a name change during the period that the person is required to register, unless that person verifies under oath that the petition for the name change is due to marriage, transgender status, religious beliefs, or status as a victim of trafficking; and a person who has been convicted of a felony and whose sentence has not been completed or discharged is not permitted to file a petition for a name change in the courts of this State unless that person is pardoned for the offense. Provides that a person will not face a felony charge if the person's request for legal name change is denied without proof of perjury. Requires a warning to appear on a name change petition describing the penalties for seeking a prohibited name change. Makes various changes to the criteria for objections by a State's Attorney to a name change petition. Provides that a court may order that the record of the name change proceeding be designated confidential and waive the publication requirement if the court finds good cause for entering the order. Makes other changes. Makes conforming changes in the Arsonist Registration Act, the Sex Offender Registration Act, and the Murderer and Violent Offender Against Youth Registration Act.
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A BILL FOR
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Arsonist Registration Act is amended by
changing Section 65 as follows:
(730 ILCS 148/65)
Sec. 65. Penalty. Any person who is required to register
under this Act who violates any of the provisions of this Act
and any person who is required to register under this Act who
seeks to change his or her name under Article XXI of the Code
of Civil Procedure is guilty of a Class 4 felony, unless, as
provided under Section 21-101 of the Code of Civil Procedure,
that person verifies under oath that the petition for the name
change is due to marriage, transgender status, religious
beliefs, or status as a victim of trafficking. Any person who
is required to register under this Act who knowingly or
wilfully gives material information required by this Act that
is false is guilty of a Class 3 felony. Any person convicted of
a violation of any provision of this Act shall, in addition to
any other penalty required by law, be required to serve a
minimum period of 7 days confinement in the local county jail.
The court shall impose a mandatory minimum fine of $500 for
failure to comply with any provision of this Act. These fines

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shall be deposited in the Arsonist Registration Fund. An
arsonist who violates any provision of this Act may be tried in
any Illinois county where the arsonist can be located.
(Source: P.A. 99-78, eff. 7-20-15.)
Section 10. The Sex Offender Registration Act is amended by
changing Section 10 as follows:
(730 ILCS 150/10) (from Ch. 38, par. 230)
Sec. 10. Penalty.
(a) Any person who is required to register under this
Article who violates any of the provisions of this Article and
any person who is required to register under this Article who
seeks to change his or her name under Article XXI of the Code
of Civil Procedure is guilty of a Class 3 felony. Any person
who is convicted for a violation of this Act for a second or
subsequent time is guilty of a Class 2 felony, unless, as
provided under Section 21-101 of the Code of Civil Procedure,
that person verifies under oath that the petition for the name
change is due to marriage, transgender status, religious
beliefs, or status as a victim of trafficking. Any person who
is required to register under this Article who knowingly or
willfully gives material information required by this Article
that is false is guilty of a Class 3 felony. Any person
convicted of a violation of any provision of this Article
shall, in addition to any other penalty required by law, be

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required to serve a minimum period of 7 days confinement in the
local county jail. The court shall impose a mandatory minimum
fine of $500 for failure to comply with any provision of this
Article. These fines shall be deposited in the Offender
Registration Fund. Any sex offender, as defined in Section 2 of
this Act, or sexual predator who violates any provision of this
Article may be arrested and tried in any Illinois county where
the sex offender can be located. The local police department or
sheriff's office is not required to determine whether the
person is living within its jurisdiction.
(b) Any person, not covered by privilege under Part 8 of
Article VIII of the Code of Civil Procedure or the Illinois
Supreme Court's Rules of Professional Conduct, who has reason
to believe that a sexual predator is not complying, or has not
complied, with the requirements of this Article and who, with
the intent to assist the sexual predator in eluding a law
enforcement agency that is seeking to find the sexual predator
to question the sexual predator about, or to arrest the sexual
predator for, his or her noncompliance with the requirements of
this Article is guilty of a Class 3 felony if he or she:
(1) provides false information to the law enforcement
agency having jurisdiction about the sexual predator's
noncompliance with the requirements of this Article, and,
if known, the whereabouts of the sexual predator;
(2) harbors, or attempts to harbor, or assists another
person in harboring or attempting to harbor, the sexual

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predator; or
(3) conceals or attempts to conceal, or assists another
person in concealing or attempting to conceal, the sexual
predator.
(c) Subsection (b) does not apply if the sexual predator is
incarcerated in or is in the custody of a State correctional
facility, a private correctional facility, a county or
municipal jail, a State mental health facility or a State
treatment and detention facility, or a federal correctional
facility.
(d) Subsections (a) and (b) do not apply if the sex
offender accurately registered his or her Internet protocol
address under this Act, and the address subsequently changed
without his or her knowledge or intent.
(Source: P.A. 101-571, eff. 8-23-19.)
Section 15. The Murderer and Violent Offender Against Youth
Registration Act is amended by changing Section 60 as follows:
(730 ILCS 154/60)
Sec. 60. Penalty. Any person who is required to register
under this Act who violates any of the provisions of this Act
and any person who is required to register under this Act who
seeks to change his or her name under Article XXI of the Code
of Civil Procedure is guilty of a Class 3 felony, unless, as
provided under Section 21-101 of the Code of Civil Procedure,

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that person verifies under oath that the petition for the name
change is due to marriage, transgender status, religious
beliefs, or status as a victim of trafficking. Any person who
is convicted for a violation of this Act for a second or
subsequent time is guilty of a Class 2 felony. Any person who
is required to register under this Act who knowingly or
willfully gives material information required by this Act that
is false is guilty of a Class 3 felony. Any person convicted of
a violation of any provision of this Act shall, in addition to
any other penalty required by law, be required to serve a
minimum period of 7 days confinement in the local county jail.
The court shall impose a mandatory minimum fine of $500 for
failure to comply with any provision of this Act. These fines
shall be deposited into the Offender Registration Fund. Any
violent offender against youth who violates any provision of
this Act may be arrested and tried in any Illinois county where
the violent offender against youth can be located. The local
police department or sheriff's office is not required to
determine whether the person is living within its jurisdiction.
(Source: P.A. 101-571, eff. 8-23-19.)
Section 20. The Code of Civil Procedure is amended by
changing Sections 21-101, 21-102, 21-102.5, and 21-103 as
follows:
(735 ILCS 5/21-101) (from Ch. 110, par. 21-101)

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Sec. 21-101. Proceedings; parties.
(a) If any person who is a resident of this State and has
resided in this State for 6 months desires to change his or her
name and to assume another name by which to be afterwards
called and known, the person may file a petition requesting
that relief in the circuit court of the county wherein he or
she resides praying for that relief.
(b) A person who has been convicted of any offense for
which a person is required to register under the Sex Offender
Registration Act, the Murderer and Violent Offender Against
Youth Registration Act, or the Arsonist Registration Act in
this State or any other state and who has not been pardoned is
not permitted to file a petition for a name change in the
courts of this State during the period that the person is
required to register, unless that person verifies under oath,
as provided under Section 1-109, that the petition for the name
change is due to marriage, transgender status, religious
beliefs, or status as a victim of trafficking. For the purposes
of this subsection, a person will not face a felony charge if
the person's request for legal name change is denied without
proof of perjury.
(b-1) A person who has been convicted of a felony offense
in this State or any other state and whose sentence has not
been completed or discharged is not permitted to file a
petition for a name change in the courts of this State unless
that person is pardoned for the offense. The filing of a

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petition in accordance with this Section shall be the sole and
exclusive means by which any person committed under the laws of
this State to a penal institution may change his or her name
and assume another name. However, any person convicted of a
felony in this State or any other state who has not been
pardoned may not file a petition for a name change until 10
years have passed since completion and discharge from his or
her sentence. A person who has been convicted of identity
theft, aggravated identity theft, felony or misdemeanor
criminal sexual abuse when the victim of the offense at the
time of its commission is under 18 years of age, felony or
misdemeanor sexual exploitation of a child, felony or
misdemeanor indecent solicitation of a child, or felony or
misdemeanor indecent solicitation of an adult, or any other
offense for which a person is required to register under the
Sex Offender Registration Act in this State or any other state
who has not been pardoned shall not be permitted to file a
petition for a name change in the courts of Illinois.
(c) A petitioner may include his or her spouse and adult
unmarried children, with their consent, and his or her minor
children where it appears to the court that it is for their
best interest, in the petition and relief requested prayer, and
the court's order shall then include the spouse and children.
Whenever any minor has resided in the family of any person for
the space of 3 years and has been recognized and known as an
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
in his or her family.
An order shall be entered as to a minor only if the court
finds by clear and convincing evidence that the change is
necessary to serve the best interest of the child. In
determining the best interest of a minor child under this
Section, the court shall consider all relevant factors,
including:
(1) The wishes of the child's parents and any person
acting as a parent who has physical custody of the child.
(2) The wishes of the child and the reasons for those
wishes. The court may interview the child in chambers to
ascertain the child's wishes with respect to the change of
name. Counsel shall be present at the interview unless
otherwise agreed upon by the parties. The court shall cause
a court reporter to be present who shall make a complete
record of the interview instantaneously to be part of the
record in the case.
(3) The interaction and interrelationship of the child
with his or her parents or persons acting as parents who
have physical custody of the child, step-parents,
siblings, step-siblings, or any other person who may
significantly affect the child's best interest.
(4) The child's adjustment to his or her home, school,
and community.
(d) If it appears to the court that the conditions and

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requirements under this Article have been complied with and
that there is no reason why the relief requested prayer should
not be granted, the court, by an order to be entered of record,
may direct and provide that the name of that person be changed
in accordance with the relief requested prayer in the petition.
If the circuit court orders that a name change be granted 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.
(Source: P.A. 100-370, eff. 1-1-18.)
(735 ILCS 5/21-102) (from Ch. 110, par. 21-102)
Sec. 21-102. Petition; update criminal history transcript.
(a) The petition shall be a statewide standardized form
approved by the Illinois Supreme Court and shall set forth the
name then held, the name sought to be assumed, the residence of
the petitioner, the length of time the petitioner has resided
in this State, and the state or country of the petitioner's

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nativity or supposed nativity. The petition shall include a
statement, verified under oath as provided under Section 1-109
of this Code, 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.
The petition shall be signed by the person petitioning or, in
case of minors, by the parent or guardian having the legal
custody of the minor. The petition shall be verified by the
affidavit of some credible person.
(b) If the statement provided under subsection (a) of this
Section 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. The Department shall allow
a person to use the Access and Review process, established by

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rule in the Department, for this purpose. Upon completion of
the update of the criminal history transcript, the petitioner
shall file confirmation of each update with the court, which
shall seal the records from disclosure outside of court
proceedings on the petition.
(c) Any petition filed under subsection (a) shall include
the following: "WARNING: A person who is required to register
under the Sex Offender Registration Act, the Murderer and
Violent Offender Against Youth Registration Act, or the
Arsonist Registration Act in this State or a similar law in any
other state who has not been pardoned commits a felony offense
under those respective Acts by seeking a change of name during
the registration period unless that person can demonstrate that
the petition for a name change is due to marriage, transgender
status, religious beliefs, or status as a victim of
trafficking.".
(Source: P.A. 100-370, eff. 1-1-18.)
(735 ILCS 5/21-102.5)
Sec. 21-102.5. Notice; objection.
(a) The circuit court clerk shall promptly serve a copy of
the petition on the State's Attorney and the Department of
State Police if the statement provided under subsection (a) of
Section 21-102 indicates that the petitioner, or any other
person 18 years of age or older who will be subject to a change
of name under the petition, has been adjudicated or convicted

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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.
(b) The State's Attorney may file an objection to the
petition if the petitioner:
(1) is the defendant in a pending criminal offense
charge; or
(2) has been convicted of identity theft, aggravated
identity theft, felony or misdemeanor criminal sexual
abuse when the victim of the offense at the time of its
commission is under 18 years of age, felony or misdemeanor
sexual exploitation of a child, felony or misdemeanor
indecent solicitation of a child, or felony or misdemeanor
indecent solicitation of an adult, and has not been
pardoned for the conviction.
(c) All objections shall be in writing, shall be filed with
the circuit court clerk, shall be served upon the petitioner,
and shall state with specificity the basis of the objection.
Objections to a petition shall be filed within 30 days of the
date of service of the petition upon the State's Attorney. All
objections shall be in writing, shall be filed with the circuit
court clerk, and shall state with specificity the basis of the
objection. Objections to a petition must be filed within 30
days of the date of service of the petition upon the State's
Attorney.

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(Source: P.A. 100-370, eff. 1-1-18.)
(735 ILCS 5/21-103) (from Ch. 110, par. 21-103)
Sec. 21-103. Notice by publication.
(a) Previous notice shall be given of the intended
application by publishing a notice thereof in some newspaper
published in the municipality in which the person resides if
the municipality is in a county with a population under
2,000,000, or if the person does not reside in a municipality
in a county with a population under 2,000,000, or if no
newspaper is published in the municipality or if the person
resides in a county with a population of 2,000,000 or more,
then in some newspaper published in the county where the person
resides, or if no newspaper is published in that county, then
in some convenient newspaper published in this State. The
notice shall be inserted for 3 consecutive weeks after filing,
the first insertion to be at least 6 weeks before the return
day upon which the petition is to be heard, and shall be signed
by the petitioner or, in case of a minor, the minor's parent or
guardian, and shall set forth the return day of court on which
the petition is to be heard and the name sought to be assumed.
(b) The publication requirement of subsection (a) shall not
be required in any application for a change of name involving a
minor if, before making judgment under this Article, reasonable
notice and opportunity to be heard is given to any parent whose
parental rights have not been previously terminated and to any

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person who has physical custody of the child. If any of these
persons are outside this State, notice and opportunity to be
heard shall be given under Section 21-104.
(b-3) The publication requirement of subsection (a) shall
not be required in any application for a change of name
involving a person who has received a judgment for dissolution
of marriage or declaration of invalidity of marriage and wishes
to change his or her name to resume the use of his or her former
or maiden name.
(b-5) Upon motion, the court may issue an order directing
that the notice and publication requirement be waived for a
change of name involving a person who files with the court a
written declaration that the person believes that publishing
notice of the name change would put the person at risk of
physical harm or discrimination. The person must provide
evidence to support the claim that publishing notice of the
name change would put the person at risk of physical harm or
discrimination.
(c) The Director of State Police or his or her designee may
apply to the circuit court for an order directing that the
notice and publication requirements of this Section be waived
if the Director or his or her designee certifies that the name
change being sought is intended to protect a witness during and
following a criminal investigation or proceeding.
(c-1) The court may enter a written order waiving the
publication requirement of subsection (a) if:

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(i) the petitioner is 18 years of age or older; and
(ii) concurrent with the petition, the petitioner
files with the court a statement, verified under oath as
provided under Section 1-109 of this Code, attesting that
the petitioner is or has been a person protected under the
Illinois Domestic Violence Act of 1986, the Stalking No
Contact Order Act, the Civil No Contact Order Act, Article
112A of the Code of Criminal Procedure of 1963, a condition
of bail under subsections (b) through (d) of Section 110-10
of the Code of Criminal Procedure of 1963, or a similar
provision of a law in another state or jurisdiction.
The petitioner may attach to the statement any supporting
documents, including relevant court orders.
(c-2) If the petitioner files a statement attesting that
disclosure of the petitioner's address would put the petitioner
or any member of the petitioner's family or household at risk
or reveal the confidential address of a shelter for domestic
violence victims, that address may be omitted from all
documents filed with the court, and the petitioner may
designate an alternative address for service.
(c-3) Court administrators may allow domestic abuse
advocates, rape crisis advocates, and victim advocates to
assist petitioners in the preparation of name changes under
subsection (c-1).
(c-4) If the publication requirements of subsection (a)
have been waived, the circuit court shall enter an order

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impounding the case.
(c-5) The court may waive the publication requirement under
subsection (a) and order that the record of the proceeding be
designated confidential if the court finds good cause for
entering such an order. Good cause includes, but is not limited
to, evidence that publication or availability of a record of
the proceeding will place the petitioner or another individual
at risk for physical harm or discrimination and evidence that
the petitioner or another individual has been the victim of
stalking or assaultive behavior.
(d) The maximum rate charged for publication of a notice
under this Section may not exceed the lowest classified rate
paid by commercial users for comparable space in the newspaper
in which the notice appears and shall include all cash
discounts, multiple insertion discounts, and similar benefits
extended to the newspaper's regular customers.
(Source: P.A. 100-520, eff. 1-1-18 (see Section 5 of P.A.
100-565 for the effective date of P.A. 100-520); 100-788, eff.
1-1-19; 100-966, eff. 1-1-19; 101-81, eff. 7-12-19; 101-203,
eff. 1-1-20.)