Illinois 2023-2024 Regular Session

Illinois House Bill HB5164 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	HB5164 ~~EnrolledLRB103~~ 37155 JRC 67274 b HB5164 ~~Enrolled~~ LRB103 37155 JRC 67274 b
2		-	HB5164 ~~Enrolled~~ LRB103 37155 JRC 67274 b
	1	+	HB5164 EngrossedLRB103 37155 JRC 67274 b HB5164 Engrossed LRB103 37155 JRC 67274 b
	2	+	HB5164 Engrossed LRB103 37155 JRC 67274 b
3	3		1 AN ACT concerning civil law.
4	4		2 Be it enacted by the People of the State of Illinois,
5	5		3 represented in the General Assembly:
6	6		4 Section 5. The Code of Civil Procedure is amended by
7	7		5 changing Section 21-101 and by adding Section 21-103.8 as
8	8		6 follows:
9	9		7 (735 ILCS 5/21-101) (from Ch. 110, par. 21-101)
10	10		8 Sec. 21-101. Proceedings; parties.
11	11		9 (a) If any person who is a resident of this State and has
12	12		10 resided in this State for 6 months desires to change his or her
13	13		11 name and to assume another name by which to be afterwards
14	14		12 called and known, the person may file a petition requesting
15	15		13 that relief in the circuit court of the county wherein he or
16	16		14 she resides. The petitioner shall have resided in this State
17	17		15 for 3 months at the time of the name change hearing or entry of
18	18		16 an order granting the name change.
19	19		17 (b) A person who has been convicted of any offense for
20	20		18 which a person is required to register under the Sex Offender
21	21		19 Registration Act, the Murderer and Violent Offender Against
22	22		20 Youth Registration Act, or the Arsonist Registration Act in
23	23		21 this State or any other state and who has not been pardoned is
24	24		22 not permitted to file a petition for a name change in the
25	25		23 courts of this State during the period that the person is
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	33	+	HB5164 Engrossed - 2 - LRB103 37155 JRC 67274 b
34	34		1 required to register, unless that person verifies under oath,
35	35		2 as provided under Section 1-109, that the petition for the
36	36		3 name change is due to marriage, religious beliefs, status as a
37	37		4 victim of trafficking or gender-related identity as defined by
38	38		5 the Illinois Human Rights Act. A judge may grant or deny the
39	39		6 request for legal name change filed by such persons. Any such
40	40		7 persons granted a legal name change shall report the change to
41	41		8 the law enforcement agency having jurisdiction of their
42	42		9 current registration pursuant to the Duty to Report
43	43		10 requirements specified in Section 35 of the Arsonist
44	44		11 Registration Act, Section 20 of the Murderer and Violent
45	45		12 Offender Against Youth Registration Act, and Section 6 of the
46	46		13 Sex Offender Registration Act. For the purposes of this
47	47		14 subsection, a person will not face a felony charge if the
48	48		15 person's request for legal name change is denied without proof
49	49		16 of perjury.
50	50		17 (b-1) A person who has been convicted of a felony offense
51	51		18 in this State or any other state and whose sentence has not
52	52		19 been completed, terminated, or discharged is not permitted to
53	53		20 file a petition for a name change in the courts of this State
54	54		21 unless that person is pardoned for the offense.
55	55		22 (c) A petitioner may include the petitioner's his or her
56	56		23 spouse and adult unmarried children, with their consent, and
57	57		24 the petitioner's his or her minor children where it appears to
58	58		25 the court that it is for their best interest, in the petition
59	59		26 and relief requested, and the court's order shall then include
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	65	+	HB5164 Engrossed - 2 - LRB103 37155 JRC 67274 b
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70	70		1 the spouse and children. Whenever any minor has resided in the
71	71		2 family of any person for the space of 3 years and has been
72	72		3 recognized and known as an adopted child in the family of that
73	73		4 person, the application herein provided for may be made by the
74	74		5 person having that minor in that person's his or her family.
75	75		6 An order shall be entered as to a minor only if the court
76	76		7 finds by clear and convincing evidence that the change is
77	77		8 necessary to serve the best interest of the child. In
78	78		9 determining the best interest of a minor child under this
79	79		10 Section, the court shall consider all relevant factors,
80	80		11 including:
81	81		12 (1) The wishes of the child's parents and any person
82	82		13 acting as a parent who has physical custody of the child.
83	83		14 (2) The wishes of the child and the reasons for those
84	84		15 wishes. The court may interview the child in chambers to
85	85		16 ascertain the child's wishes with respect to the change of
86	86		17 name. Counsel shall be present at the interview unless
87	87		18 otherwise agreed upon by the parties. The court shall
88	88		19 cause a court reporter to be present who shall make a
89	89		20 complete record of the interview instantaneously to be
90	90		21 part of the record in the case.
91	91		22 (3) The interaction and interrelationship of the child
92	92		23 with the child's his or her parents or persons acting as
93	93		24 parents who have physical custody of the child,
94	94		25 step-parents, siblings, step-siblings, or any other person
95	95		26 who may significantly affect the child's best interest.
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106	106		1 (4) The child's adjustment to the child's his or her
107	107		2 home, school, and community.
108	108		3 (d) If it appears to the court that the conditions and
109	109		4 requirements under this Article have been complied with and
110	110		5 that there is no reason why the relief requested should not be
111	111		6 granted, the court, by an order to be entered of record, may
112	112		7 direct and provide that the name of that person be changed in
113	113		8 accordance with the relief requested in the petition. If the
114	114		9 circuit court orders that a name change be granted to a person
115	115		10 who has been adjudicated or convicted of a felony or
116	116		11 misdemeanor offense under the laws of this State or any other
117	117		12 state for which a pardon has not been granted, or has an arrest
118	118		13 for which a charge has not been filed or a pending charge on a
119	119		14 felony or misdemeanor offense, a copy of the order, including
120	120		15 a copy of each applicable access and review response, shall be
121	121		16 forwarded to the Illinois State Police. The Illinois State
122	122		17 Police shall update any criminal history transcript or
123	123		18 offender registration of each person 18 years of age or older
124	124		19 in the order to include the change of name as well as his or
125	125		20 her former name.
126	126		21 (Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24;
127	127		22 revised 12-15-23.)
128	128		23 (735 ILCS 5/21-103.8 new)
129	129		24 Sec. 21-103.8. Impounding court file.
130	130		25 (a) A petitioner may file a motion to have the
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	140	+	HB5164 Engrossed - 5 - LRB103 37155 JRC 67274 b
141	141		1 petitioner's court file impounded. The motion shall include a
142	142		2 statement, verified under oath as provided under Section 1-109
143	143		3 of this Code, that the person believes that public disclosure
144	144		4 would be a hardship and have a negative impact on the person's
145	145		5 health or safety to include, but not be limited to, that the
146	146		6 person is transgender, an adoptee, a survivor of domestic or
147	147		7 intimate partner abuse, a survivor of gender-based violence, a
148	148		8 survivor of human trafficking, a refugee, a person who has
149	149		9 been granted special immigrant status by the United States
150	150		10 Citizenship and Immigration Service, a person who has survived
151	151		11 reparative or conversion therapy, or a person who has been
152	152		12 granted asylum in this country. The petitioner may attach to
153	153		13 the statement any supporting documents including relevant
154	154		14 court orders, although self attestation shall suffice as
155	155		15 acceptable documentation.
156	156		16 (b) If the petitioner files a statement attesting that
157	157		17 disclosure of the petitioner's address would put the
158	158		18 petitioner or any member of the petitioner's family or
159	159		19 household at risk or reveal the confidential address of a
160	160		20 shelter for domestic violence victims, that address may be
161	161		21 omitted from all documents filed with the court, and the
162	162		22 petitioner may designate an alternative address for service.
163		-	23 (c) If a court grants a motion to impound the file under
164		-	24 this Section, it is still required under subsection (d) of
165		-	25 Section 21-101 that the name change be reported to the
166		-	26 Illinois State Police, and the Illinois State Police must
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177		-	1 update any criminal history transcript or offender
178		-	2 registration for each person 18 years of age or older to
179		-	3 include the change of name as well as the person's former name.
180		-	4 (735 ILCS 5/21-103 rep.)
181		-	5 Section 10. The Code of Civil Procedure is amended by
182		-	6 repealing Section 21-103.
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188		-	HB5164 Enrolled - 6 - LRB103 37155 JRC 67274 b
	168	+	HB5164 Engrossed - 5 - LRB103 37155 JRC 67274 b