Illinois 2023-2024 Regular Session

Illinois House Bill HB5652

Introduced
2/9/24  
Introduced
2/9/24  

Caption

NAME CHANGE-PUBLICATION WAIVED

Impact

The proposed legislation mandates that if the publication requirements are waived, the court must seal and impound the case files. This is particularly significant for petitioners who may be vulnerable to threats due to their gender identity or history of domestic abuse. The bill also recognizes the role of law enforcement, requiring that file access for sealed cases can only be granted under demonstrated good cause. However, the protections do not extend to individuals with felony or sex offense convictions that require registration as a sex offender.

Summary

House Bill 5652, introduced by Rep. Anne Stava-Murray, aims to amend the Code of Civil Procedure to provide specific protections for individuals seeking a name change due to gender-related identity. The bill allows for the waiver of publication requirements when a person submits a verified statement attesting to their gender-related identity, particularly if it is not reflected on official documentation such as their birth certificate. This change aims to protect the privacy of individuals whose safety may be compromised, especially those at risk of domestic violence.

Contention

Discussion around HB5652 could touch on the balance between individual rights to privacy and public safety. Supporters of the bill argue that it is a necessary measure to keep vulnerable individuals safe from potential harm, while critics may express concern over the implications of sealing court records and the ability of law enforcement to access case information. As such, the bill could spark debates regarding how much anonymity should be afforded to individuals seeking to change their names and the potential consequences for community safety.

Companion Bills

No companion bills found.

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