Illinois 2023-2024 Regular Session

Illinois House Bill HB3083 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3083 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: 735 ILCS 5/21-101 from Ch. 110, par. 21-101 Amends the Change of Name Article of the Code of Civil Procedure. Provides that if any person who is a resident of the State and has resided in the State for 6 months desires to change his or her name and to assume another name by which to be afterwards called and known for religious reasons, the person may file a notarized form with the Office of the Secretary of State to legally change his or her name claiming a religious exemption. Requires the Secretary of State to adopt rules to implement the provisions, and to create and make available the change of name form. LRB103 29751 LNS 56157 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3083 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: 735 ILCS 5/21-101 from Ch. 110, par. 21-101 735 ILCS 5/21-101 from Ch. 110, par. 21-101 Amends the Change of Name Article of the Code of Civil Procedure. Provides that if any person who is a resident of the State and has resided in the State for 6 months desires to change his or her name and to assume another name by which to be afterwards called and known for religious reasons, the person may file a notarized form with the Office of the Secretary of State to legally change his or her name claiming a religious exemption. Requires the Secretary of State to adopt rules to implement the provisions, and to create and make available the change of name form. LRB103 29751 LNS 56157 b LRB103 29751 LNS 56157 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3083 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
3	3	735 ILCS 5/21-101 from Ch. 110, par. 21-101 735 ILCS 5/21-101 from Ch. 110, par. 21-101
4	4	735 ILCS 5/21-101 from Ch. 110, par. 21-101
5	5	Amends the Change of Name Article of the Code of Civil Procedure. Provides that if any person who is a resident of the State and has resided in the State for 6 months desires to change his or her name and to assume another name by which to be afterwards called and known for religious reasons, the person may file a notarized form with the Office of the Secretary of State to legally change his or her name claiming a religious exemption. Requires the Secretary of State to adopt rules to implement the provisions, and to create and make available the change of name form.
6	6	LRB103 29751 LNS 56157 b LRB103 29751 LNS 56157 b
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8	8	A BILL FOR
9	9	HB3083LRB103 29751 LNS 56157 b HB3083 LRB103 29751 LNS 56157 b
10	10	HB3083 LRB103 29751 LNS 56157 b
11	11	1 AN ACT concerning civil law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Code of Civil Procedure is amended by
15	15	5 changing Section 21-101 as follows:
16	16	6 (735 ILCS 5/21-101) (from Ch. 110, par. 21-101)
17	17	7 Sec. 21-101. Proceedings; parties.
18	18	8 (a) Except as provided in subsection (e), if If any person
19	19	9 who is a resident of this State and has resided in this State
20	20	10 for 6 months desires to change his or her name and to assume
21	21	11 another name by which to be afterwards called and known, the
22	22	12 person may file a petition in the circuit court of the county
23	23	13 wherein he or she resides praying for that relief.
24	24	14 (b) The filing of a petition in accordance with this
25	25	15 Section shall be the sole and exclusive means by which any
26	26	16 person committed under the laws of this State to a penal
27	27	17 institution may change his or her name and assume another
28	28	18 name. However, any person convicted of a felony in this State
29	29	19 or any other state who has not been pardoned may not file a
30	30	20 petition for a name change until 10 years have passed since
31	31	21 completion and discharge from his or her sentence. A person
32	32	22 who has been convicted of identity theft, aggravated identity
33	33	23 theft, felony or misdemeanor criminal sexual abuse when the
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3083 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
38	38	735 ILCS 5/21-101 from Ch. 110, par. 21-101 735 ILCS 5/21-101 from Ch. 110, par. 21-101
39	39	735 ILCS 5/21-101 from Ch. 110, par. 21-101
40	40	Amends the Change of Name Article of the Code of Civil Procedure. Provides that if any person who is a resident of the State and has resided in the State for 6 months desires to change his or her name and to assume another name by which to be afterwards called and known for religious reasons, the person may file a notarized form with the Office of the Secretary of State to legally change his or her name claiming a religious exemption. Requires the Secretary of State to adopt rules to implement the provisions, and to create and make available the change of name form.
41	41	LRB103 29751 LNS 56157 b LRB103 29751 LNS 56157 b
42	42	LRB103 29751 LNS 56157 b
43	43	A BILL FOR
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49	49	735 ILCS 5/21-101 from Ch. 110, par. 21-101
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68	68	1 victim of the offense at the time of its commission is under 18
69	69	2 years of age, felony or misdemeanor sexual exploitation of a
70	70	3 child, felony or misdemeanor indecent solicitation of a child,
71	71	4 or felony or misdemeanor indecent solicitation of an adult, or
72	72	5 any other offense for which a person is required to register
73	73	6 under the Sex Offender Registration Act in this State or any
74	74	7 other state who has not been pardoned shall not be permitted to
75	75	8 file a petition for a name change in the courts of Illinois.
76	76	9 (c) A petitioner may include his or her spouse and adult
77	77	10 unmarried children, with their consent, and his or her minor
78	78	11 children where it appears to the court that it is for their
79	79	12 best interest, in the petition and prayer, and the court's
80	80	13 order shall then include the spouse and children. Whenever any
81	81	14 minor has resided in the family of any person for the space of
82	82	15 3 years and has been recognized and known as an adopted child
83	83	16 in the family of that person, the application herein provided
84	84	17 for may be made by the person having that minor in his or her
85	85	18 family.
86	86	19 An order shall be entered as to a minor only if the court
87	87	20 finds by clear and convincing evidence that the change is
88	88	21 necessary to serve the best interest of the child. In
89	89	22 determining the best interest of a minor child under this
90	90	23 Section, the court shall consider all relevant factors,
91	91	24 including:
92	92	25 (1) The wishes of the child's parents and any person
93	93	26 acting as a parent who has physical custody of the child.
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104	104	1 (2) The wishes of the child and the reasons for those
105	105	2 wishes. The court may interview the child in chambers to
106	106	3 ascertain the child's wishes with respect to the change of
107	107	4 name. Counsel shall be present at the interview unless
108	108	5 otherwise agreed upon by the parties. The court shall
109	109	6 cause a court reporter to be present who shall make a
110	110	7 complete record of the interview instantaneously to be
111	111	8 part of the record in the case.
112	112	9 (3) The interaction and interrelationship of the child
113	113	10 with his or her parents or persons acting as parents who
114	114	11 have physical custody of the child, step-parents,
115	115	12 siblings, step-siblings, or any other person who may
116	116	13 significantly affect the child's best interest.
117	117	14 (4) The child's adjustment to his or her home, school,
118	118	15 and community.
119	119	16 (d) If it appears to the court that the conditions and
120	120	17 requirements under this Article have been complied with and
121	121	18 that there is no reason why the prayer should not be granted,
122	122	19 the court, by an order to be entered of record, may direct and
123	123	20 provide that the name of that person be changed in accordance
124	124	21 with the prayer in the petition. If the circuit court orders
125	125	22 that a name change be granted to a person who has been
126	126	23 adjudicated or convicted of a felony or misdemeanor offense
127	127	24 under the laws of this State or any other state for which a
128	128	25 pardon has not been granted, or has an arrest for which a
129	129	26 charge has not been filed or a pending charge on a felony or
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140	140	1 misdemeanor offense, a copy of the order, including a copy of
141	141	2 each applicable access and review response, shall be forwarded
142	142	3 to the Illinois State Police. The Illinois State Police shall
143	143	4 update any criminal history transcript or offender
144	144	5 registration of each person 18 years of age or older in the
145	145	6 order to include the change of name as well as his or her
146	146	7 former name.
147	147	8 (e) If any person who is a resident of this State and has
148	148	9 resided in this State for 6 months desires to change his or her
149	149	10 name and to assume another name by which to be afterwards
150	150	11 called and known for religious reasons, the person may file a
151	151	12 notarized form with the Office of the Secretary of State,
152	152	13 including with the Secretary of State's Driver Services
153	153	14 Department, to legally change his or her name claiming a
154	154	15 religious exemption. The Secretary of State shall adopt rules
155	155	16 to implement this Section. The Secretary of State shall create
156	156	17 and make available the change of name form to be used under
157	157	18 this subsection.
158	158	19 (Source: P.A. 102-538, eff. 8-20-21.)
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