Illinois 2023-2024 Regular Session

Illinois House Bill HB5652 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 HB5652 Introduced 2/9/2024, by Rep. Anne Stava-Murray SYNOPSIS AS INTRODUCED: 735 ILCS 5/21-103 Amends the Code of Civil Procedure. Allows the court to waive the publication requirements if a petitioner files with the court a verified statement attesting that the petitioner has a gender-related identity as defined in the Human Rights Act, that is not expressed on the petitioner's birth certificate or the petitioner's previous name identification does not express the petitioner's current gender identity. Requires the court to enter an order sealing and impounding the case if the publication requirements have been waived and the court file sealed and impounded for petitioners at risk for domestic violence and gender-identity. Provides that at the request of law enforcement for good cause shown, the court shall unseal and open the case for review by law enforcement only. Provides that the case may not be sealed or impounded if the petitioner has been convicted of a felony or sex offense that requires the petitioner to register as a sex offender. LRB103 38624 JRC 68761 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5652 Introduced 2/9/2024, by Rep. Anne Stava-Murray SYNOPSIS AS INTRODUCED: 735 ILCS 5/21-103 735 ILCS 5/21-103 Amends the Code of Civil Procedure. Allows the court to waive the publication requirements if a petitioner files with the court a verified statement attesting that the petitioner has a gender-related identity as defined in the Human Rights Act, that is not expressed on the petitioner's birth certificate or the petitioner's previous name identification does not express the petitioner's current gender identity. Requires the court to enter an order sealing and impounding the case if the publication requirements have been waived and the court file sealed and impounded for petitioners at risk for domestic violence and gender-identity. Provides that at the request of law enforcement for good cause shown, the court shall unseal and open the case for review by law enforcement only. Provides that the case may not be sealed or impounded if the petitioner has been convicted of a felony or sex offense that requires the petitioner to register as a sex offender. LRB103 38624 JRC 68761 b LRB103 38624 JRC 68761 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5652 Introduced 2/9/2024, by Rep. Anne Stava-Murray SYNOPSIS AS INTRODUCED:
3	3	735 ILCS 5/21-103 735 ILCS 5/21-103
4	4	735 ILCS 5/21-103
5	5	Amends the Code of Civil Procedure. Allows the court to waive the publication requirements if a petitioner files with the court a verified statement attesting that the petitioner has a gender-related identity as defined in the Human Rights Act, that is not expressed on the petitioner's birth certificate or the petitioner's previous name identification does not express the petitioner's current gender identity. Requires the court to enter an order sealing and impounding the case if the publication requirements have been waived and the court file sealed and impounded for petitioners at risk for domestic violence and gender-identity. Provides that at the request of law enforcement for good cause shown, the court shall unseal and open the case for review by law enforcement only. Provides that the case may not be sealed or impounded if the petitioner has been convicted of a felony or sex offense that requires the petitioner to register as a sex offender.
6	6	LRB103 38624 JRC 68761 b LRB103 38624 JRC 68761 b
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8	8	A BILL FOR
9	9	HB5652LRB103 38624 JRC 68761 b HB5652 LRB103 38624 JRC 68761 b
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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 Sections 21-101 and 21-103 as follows:
16	16	6 (735 ILCS 5/21-103)
17	17	7 Sec. 21-103. Notice by publication.
18	18	8 (a) Previous notice shall be given of the intended
19	19	9 application by publishing a notice thereof in some newspaper
20	20	10 published in the municipality in which the person resides if
21	21	11 the municipality is in a county with a population under
22	22	12 2,000,000, or if the person does not reside in a municipality
23	23	13 in a county with a population under 2,000,000, or if no
24	24	14 newspaper is published in the municipality or if the person
25	25	15 resides in a county with a population of 2,000,000 or more,
26	26	16 then in some newspaper published in the county where the
27	27	17 person resides, or if no newspaper is published in that
28	28	18 county, then in some convenient newspaper published in this
29	29	19 State. The notice shall be inserted for 3 consecutive weeks
30	30	20 after filing, the first insertion to be at least 6 weeks before
31	31	21 the return day upon which the petition is to be heard, and
32	32	22 shall be signed by the petitioner or, in case of a minor, the
33	33	23 minor's parent or guardian, and shall set forth the return day
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5652 Introduced 2/9/2024, by Rep. Anne Stava-Murray SYNOPSIS AS INTRODUCED:
38	38	735 ILCS 5/21-103 735 ILCS 5/21-103
39	39	735 ILCS 5/21-103
40	40	Amends the Code of Civil Procedure. Allows the court to waive the publication requirements if a petitioner files with the court a verified statement attesting that the petitioner has a gender-related identity as defined in the Human Rights Act, that is not expressed on the petitioner's birth certificate or the petitioner's previous name identification does not express the petitioner's current gender identity. Requires the court to enter an order sealing and impounding the case if the publication requirements have been waived and the court file sealed and impounded for petitioners at risk for domestic violence and gender-identity. Provides that at the request of law enforcement for good cause shown, the court shall unseal and open the case for review by law enforcement only. Provides that the case may not be sealed or impounded if the petitioner has been convicted of a felony or sex offense that requires the petitioner to register as a sex offender.
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68	68	1 of court on which the petition is to be heard and the name
69	69	2 sought to be assumed.
70	70	3 (b) The publication requirement of subsection (a) shall
71	71	4 not be required in any application for a change of name
72	72	5 involving a minor if, before making judgment under this
73	73	6 Article, reasonable notice and opportunity to be heard is
74	74	7 given to any parent whose parental rights have not been
75	75	8 previously terminated and to any person who has physical
76	76	9 custody of the child. If any of these persons are outside this
77	77	10 State, notice and opportunity to be heard shall be given under
78	78	11 Section 21-104.
79	79	12 (b-3) The publication requirement of subsection (a) shall
80	80	13 not be required in any application for a change of name
81	81	14 involving a person who has received a judgment of for
82	82	15 dissolution of marriage or declaration of invalidity of
83	83	16 marriage and wishes to change his or her name to resume the use
84	84	17 of his or her former or maiden name.
85	85	18 (b-5) The court may issue an order directing that the
86	86	19 notice and publication requirement be waived for a change of
87	87	20 name involving a person who files with the court a statement,
88	88	21 verified under oath as provided under Section 1-109 of this
89	89	22 Code, that the person believes that publishing notice of the
90	90	23 name change would be a hardship, including, but not limited
91	91	24 to, a negative impact on the person's health or safety.
92	92	25 (b-6) In a case where waiver of the notice and publication
93	93	26 requirement is sought, the petition for waiver is presumed
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104	104	1 granted and heard at the same hearing as the petition for name
105	105	2 change. The court retains discretion to determine whether a
106	106	3 hardship is shown and may order the petitioner to publish
107	107	4 thereafter.
108	108	5 (c) The Director of the Illinois State Police or his or her
109	109	6 designee may apply to the circuit court for an order directing
110	110	7 that the notice and publication requirements of this Section
111	111	8 be waived if the Director or his or her designee certifies that
112	112	9 the name change being sought is intended to protect a witness
113	113	10 during and following a criminal investigation or proceeding.
114	114	11 (c-1) The court may also enter a written order waiving the
115	115	12 publication requirement of subsection (a) if:
116	116	13 (i) the petitioner is 18 years of age or older; and
117	117	14 (A) (ii) concurrent with the petition, the petitioner
118	118	15 files with the court a statement, verified under oath as
119	119	16 provided under Section 1-109 of this Code, attesting that
120	120	17 the petitioner is or has been a person protected under the
121	121	18 Illinois Domestic Violence Act of 1986, the Stalking No
122	122	19 Contact Order Act, the Civil No Contact Order Act, Article
123	123	20 112A of the Code of Criminal Procedure of 1963, a
124	124	21 condition of pretrial release under subsections (b)
125	125	22 through (d) of Section 110-10 of the Code of Criminal
126	126	23 Procedure of 1963, or a similar provision of a law in
127	127	24 another state or jurisdiction; or
128	128	25 (B) files with the court a statement, verified under
129	129	26 oath as provided under Section 1-109 of this Code,
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140	140	1 attesting that the petitioner has a gender-related
141	141	2 identity, as defined in the Human Rights Act, that is not
142	142	3 expressed on the petitioner's birth certificate or the
143	143	4 petitioner's previous name identification does not express
144	144	5 the petitioner's current gender identity.
145	145	6 The petitioner may attach to the statement any supporting
146	146	7 documents, including relevant court orders.
147	147	8 (c-2) If the petitioner files a statement attesting that
148	148	9 disclosure of the petitioner's address would put the
149	149	10 petitioner or any member of the petitioner's family or
150	150	11 household at risk or reveal the confidential address of a
151	151	12 shelter for domestic violence victims, that address may be
152	152	13 omitted from all documents filed with the court, and the
153	153	14 petitioner may designate an alternative address for service.
154	154	15 (c-3) Court administrators may allow domestic abuse
155	155	16 advocates, rape crisis advocates, and victim advocates to
156	156	17 assist petitioners in the preparation of name changes under
157	157	18 subsection (c-1).
158	158	19 (c-4) If the publication requirements of subsection (a)
159	159	20 have been waived, the circuit court shall enter an order
160	160	21 sealing and impounding the case. At the request of law
161	161	22 enforcement for good cause shown, the court shall unseal and
162	162	23 open the case for review by law enforcement only. The case may
163	163	24 not be sealed or impounded if the petitioner has been
164	164	25 convicted of a felony or sex offense that requires the
165	165	26 petitioner to register as a sex offender.
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