IL
Illinois House Bill HB5056

Illinois 2023-2024 Regular Session

Illinois House Bill HB5056 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5056 Introduced , by Rep. Sharon Chung SYNOPSIS AS INTRODUCED: 750 ILCS 5/203 from Ch. 40, par. 203750 ILCS 5/301 from Ch. 40, par. 301750 ILCS 5/302 from Ch. 40, par. 302750 ILCS 5/208 rep. Amends the Illinois Marriage and Dissolution of Marriage Act. Requires proof that each party to the marriage has attained the age of 18 years in order to obtain a license to marry and a marriage certificate from the county clerk. Deletes language allowing proof that each party to the marriage will have attained the age of 18 years at the time the marriage license is effective or will have attained the age of 16 years and has either the consent to the marriage of both parents or his guardian or judicial approval. Makes corresponding changes. Repeals a provision regarding judicial approval of underage marriages. Effective immediately, except that specified provisions take effect 2 years after the amendatory Act becomes law. LRB103 37599 JRC 67725 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5056 Introduced , by Rep. Sharon Chung SYNOPSIS AS INTRODUCED: 750 ILCS 5/203 from Ch. 40, par. 203750 ILCS 5/301 from Ch. 40, par. 301750 ILCS 5/302 from Ch. 40, par. 302750 ILCS 5/208 rep. 750 ILCS 5/203 from Ch. 40, par. 203 750 ILCS 5/301 from Ch. 40, par. 301 750 ILCS 5/302 from Ch. 40, par. 302 750 ILCS 5/208 rep. Amends the Illinois Marriage and Dissolution of Marriage Act. Requires proof that each party to the marriage has attained the age of 18 years in order to obtain a license to marry and a marriage certificate from the county clerk. Deletes language allowing proof that each party to the marriage will have attained the age of 18 years at the time the marriage license is effective or will have attained the age of 16 years and has either the consent to the marriage of both parents or his guardian or judicial approval. Makes corresponding changes. Repeals a provision regarding judicial approval of underage marriages. Effective immediately, except that specified provisions take effect 2 years after the amendatory Act becomes law. LRB103 37599 JRC 67725 b LRB103 37599 JRC 67725 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5056 Introduced , by Rep. Sharon Chung SYNOPSIS AS INTRODUCED:
33 750 ILCS 5/203 from Ch. 40, par. 203750 ILCS 5/301 from Ch. 40, par. 301750 ILCS 5/302 from Ch. 40, par. 302750 ILCS 5/208 rep. 750 ILCS 5/203 from Ch. 40, par. 203 750 ILCS 5/301 from Ch. 40, par. 301 750 ILCS 5/302 from Ch. 40, par. 302 750 ILCS 5/208 rep.
44 750 ILCS 5/203 from Ch. 40, par. 203
55 750 ILCS 5/301 from Ch. 40, par. 301
66 750 ILCS 5/302 from Ch. 40, par. 302
77 750 ILCS 5/208 rep.
88 Amends the Illinois Marriage and Dissolution of Marriage Act. Requires proof that each party to the marriage has attained the age of 18 years in order to obtain a license to marry and a marriage certificate from the county clerk. Deletes language allowing proof that each party to the marriage will have attained the age of 18 years at the time the marriage license is effective or will have attained the age of 16 years and has either the consent to the marriage of both parents or his guardian or judicial approval. Makes corresponding changes. Repeals a provision regarding judicial approval of underage marriages. Effective immediately, except that specified provisions take effect 2 years after the amendatory Act becomes law.
99 LRB103 37599 JRC 67725 b LRB103 37599 JRC 67725 b
1010 LRB103 37599 JRC 67725 b
1111 A BILL FOR
1212 HB5056LRB103 37599 JRC 67725 b HB5056 LRB103 37599 JRC 67725 b
1313 HB5056 LRB103 37599 JRC 67725 b
1414 1 AN ACT concerning civil law.
1515 2 Be it enacted by the People of the State of Illinois,
1616 3 represented in the General Assembly:
1717 4 Section 5. The Illinois Marriage and Dissolution of
1818 5 Marriage Act is amended by changing Section 203 as follows:
1919 6 (750 ILCS 5/203) (from Ch. 40, par. 203)
2020 7 Sec. 203. License to Marry. When a marriage application
2121 8 has been completed and signed by both parties to a prospective
2222 9 marriage and both parties have appeared before the county
2323 10 clerk and the marriage license fee has been paid, the county
2424 11 clerk shall issue a license to marry and a marriage
2525 12 certificate form upon being furnished:
2626 13 (1) satisfactory proof that each party to the marriage
2727 14 has will have attained the age of 18 years at the time the
2828 15 marriage license is effective or will have attained the
2929 16 age of 16 years and has either the consent to the marriage
3030 17 of both parents or his guardian or judicial approval;
3131 18 provided, if one parent cannot be located in order to
3232 19 obtain such consent and diligent efforts have been made to
3333 20 locate that parent by the consenting parent, then the
3434 21 consent of one parent plus a signed affidavit by the
3535 22 consenting parent which (i) names the absent parent and
3636 23 states that he or she cannot be located, and (ii) states
3737
3838
3939
4040 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5056 Introduced , by Rep. Sharon Chung SYNOPSIS AS INTRODUCED:
4141 750 ILCS 5/203 from Ch. 40, par. 203750 ILCS 5/301 from Ch. 40, par. 301750 ILCS 5/302 from Ch. 40, par. 302750 ILCS 5/208 rep. 750 ILCS 5/203 from Ch. 40, par. 203 750 ILCS 5/301 from Ch. 40, par. 301 750 ILCS 5/302 from Ch. 40, par. 302 750 ILCS 5/208 rep.
4242 750 ILCS 5/203 from Ch. 40, par. 203
4343 750 ILCS 5/301 from Ch. 40, par. 301
4444 750 ILCS 5/302 from Ch. 40, par. 302
4545 750 ILCS 5/208 rep.
4646 Amends the Illinois Marriage and Dissolution of Marriage Act. Requires proof that each party to the marriage has attained the age of 18 years in order to obtain a license to marry and a marriage certificate from the county clerk. Deletes language allowing proof that each party to the marriage will have attained the age of 18 years at the time the marriage license is effective or will have attained the age of 16 years and has either the consent to the marriage of both parents or his guardian or judicial approval. Makes corresponding changes. Repeals a provision regarding judicial approval of underage marriages. Effective immediately, except that specified provisions take effect 2 years after the amendatory Act becomes law.
4747 LRB103 37599 JRC 67725 b LRB103 37599 JRC 67725 b
4848 LRB103 37599 JRC 67725 b
4949 A BILL FOR
5050
5151
5252
5353
5454
5555 750 ILCS 5/203 from Ch. 40, par. 203
5656 750 ILCS 5/301 from Ch. 40, par. 301
5757 750 ILCS 5/302 from Ch. 40, par. 302
5858 750 ILCS 5/208 rep.
5959
6060
6161
6262 LRB103 37599 JRC 67725 b
6363
6464
6565
6666
6767
6868
6969
7070
7171
7272 HB5056 LRB103 37599 JRC 67725 b
7373
7474
7575 HB5056- 2 -LRB103 37599 JRC 67725 b HB5056 - 2 - LRB103 37599 JRC 67725 b
7676 HB5056 - 2 - LRB103 37599 JRC 67725 b
7777 1 what diligent efforts have been made to locate the absent
7878 2 parent, shall have the effect of both parents' consent for
7979 3 purposes of this Section;
8080 4 (2) satisfactory proof that the marriage is not
8181 5 prohibited; and
8282 6 (3) an affidavit or record as prescribed in
8383 7 subparagraph (1) of Section 205 or a court order as
8484 8 prescribed in subparagraph (2) of Section 205, if
8585 9 applicable.
8686 10 With each marriage license, the county clerk shall provide
8787 11 a pamphlet describing the causes and effects of fetal alcohol
8888 12 syndrome. At least annually, the county board shall submit to
8989 13 the Illinois Department of Public Health a report as to the
9090 14 county clerk's compliance with the requirement that the county
9191 15 clerk provide a pamphlet with each marriage license. All
9292 16 funding and production costs for the aforementioned
9393 17 educational pamphlets for distribution to each county clerk
9494 18 shall be provided by non-profit, non-sectarian statewide
9595 19 programs that provide education, advocacy, support, and
9696 20 prevention services pertaining to Fetal Alcohol Syndrome.
9797 21 (Source: P.A. 96-1323, eff. 1-1-11.)
9898 22 Section 10. The Illinois Marriage and Dissolution of
9999 23 Marriage Act is amended by changing Sections 301 and 302 as
100100 24 follows:
101101
102102
103103
104104
105105
106106 HB5056 - 2 - LRB103 37599 JRC 67725 b
107107
108108
109109 HB5056- 3 -LRB103 37599 JRC 67725 b HB5056 - 3 - LRB103 37599 JRC 67725 b
110110 HB5056 - 3 - LRB103 37599 JRC 67725 b
111111 1 (750 ILCS 5/301) (from Ch. 40, par. 301)
112112 2 Sec. 301. Declaration of Invalidity - Grounds.) The court
113113 3 shall enter its judgment declaring the invalidity of a
114114 4 marriage (formerly known as annulment) entered into under the
115115 5 following circumstances:
116116 6 (1) a party lacked capacity to consent to the marriage at
117117 7 the time the marriage was solemnized, either because of mental
118118 8 incapacity or infirmity or because of the influence of
119119 9 alcohol, drugs or other incapacitating substances, or a party
120120 10 was induced to enter into a marriage by force or duress or by
121121 11 fraud involving the essentials of marriage;
122122 12 (2) a party lacks the physical capacity to consummate the
123123 13 marriage by sexual intercourse and at the time the marriage
124124 14 was solemnized the other party did not know of the incapacity;
125125 15 (3) (blank) a party was aged 16 or 17 years and did not
126126 16 have the consent of his parents or guardian or judicial
127127 17 approval; or
128128 18 (4) the marriage is prohibited.
129129 19 (Source: P.A. 80-923.)
130130 20 (750 ILCS 5/302) (from Ch. 40, par. 302)
131131 21 Sec. 302. Time of Commencement.) (a) A declaration of
132132 22 invalidity under paragraph paragraphs (1) or (2) through (3)
133133 23 of Section 301 may be sought by any of the following persons
134134 24 and must be commenced within the times specified:
135135 25 (1) for any of the reasons set forth in paragraph (1) of
136136
137137
138138
139139
140140
141141 HB5056 - 3 - LRB103 37599 JRC 67725 b
142142
143143
144144 HB5056- 4 -LRB103 37599 JRC 67725 b HB5056 - 4 - LRB103 37599 JRC 67725 b
145145 HB5056 - 4 - LRB103 37599 JRC 67725 b
146146 1 Section 301, by either party or by the legal representative of
147147 2 the party who lacked capacity to consent, no later than 90 days
148148 3 after the petitioner obtained knowledge of the described
149149 4 condition;
150150 5 (2) for the reason set forth in paragraph (2) of Section
151151 6 301, by either party, no later than one year after the
152152 7 petitioner obtained knowledge of the described condition;
153153 8 (3) (blank) for the reason set forth in paragraph (3) of
154154 9 Section 301, by the underaged party, his parent or guardian,
155155 10 prior to the time the underaged party reaches the age at which
156156 11 he could have married without needing to satisfy the omitted
157157 12 requirement.
158158 13 (b) In no event may a declaration of invalidity of
159159 14 marriage be sought after the death of either party to the
160160 15 marriage under paragraph subsections (1) or , (2) and (3) of
161161 16 Section 301.
162162 17 (c) A declaration of invalidity for the reason set forth
163163 18 in paragraph (4) of Section 301 may be sought by either party,
164164 19 the legal spouse in case of a bigamous marriage, the State's
165165 20 Attorney or a child of either party, at any time not to exceed
166166 21 3 years following the death of the first party to die.
167167 22 (Source: P.A. 80-923.)
168168 23 (750 ILCS 5/208 rep.)
169169 24 Section 15. The Illinois Marriage and Dissolution of
170170 25 Marriage Act is amended by repealing Section 208.
171171
172172
173173
174174
175175
176176 HB5056 - 4 - LRB103 37599 JRC 67725 b
177177
178178
179179 HB5056- 5 -LRB103 37599 JRC 67725 b HB5056 - 5 - LRB103 37599 JRC 67725 b
180180 HB5056 - 5 - LRB103 37599 JRC 67725 b
181181
182182
183183
184184
185185
186186 HB5056 - 5 - LRB103 37599 JRC 67725 b