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| | 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3002 Introduced 2/6/2025, by Rep. Norine K. Hammond SYNOPSIS AS INTRODUCED:
| | | Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that, upon motion, a court may order that a court file, pleadings, or portions of the court file that are filed under the Act be placed under seal if the court finds that the action or portions of the court file are sufficiently without a basis in fact or law. Provides that this may include, but not be limited to, a lack of jurisdiction or that placing the court file or portions of it under seal is in the interests of justice, and that those interests are not outweighed by the public's interest in the court file. Provides that nothing in the Act allows for the sealing of the court file or any portion of the court file pertaining to whether any order of protection has previously been entered in the proceeding or any other proceeding in which any party, or a child of any party, or both, if relevant, has been designated as either a petitioner, respondent, or protected person. Provides that nothing in the Act allows for or may interfere with the payment of child support, income withholding for support, or the reporting of an entry of an order for support. |
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| | A BILL FOR |
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| | HB3002 | | LRB104 09834 JRC 19902 b |
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| 1 | | AN ACT concerning civil law.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Illinois Marriage and Dissolution of |
| 5 | | Marriage Act is amended by adding Section 108 as follows:
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| 6 | | (750 ILCS 5/108 new) |
| 7 | | Sec. 108. Sealing of court file. |
| 8 | | (a) As used in this Section, "court file" means a court |
| 9 | | file created in a proceeding for dissolution of marriage, |
| 10 | | legal separation, or declaration of invalidity of marriage |
| 11 | | filed with the court. |
| 12 | | (b) Upon motion, a court may order that a court file, |
| 13 | | including the pleadings, or portions of the court file be |
| 14 | | placed under seal if the court finds that the action or |
| 15 | | portions of the court file are sufficiently without a basis in |
| 16 | | fact or law. This may include, but not be limited to, a lack of |
| 17 | | jurisdiction or that placing the court file or portions of it |
| 18 | | under seal is in the interests of justice, and that those |
| 19 | | interests are not outweighed by the public's interest in the |
| 20 | | court file. |
| 21 | | (c) Nothing in this Section allows for the sealing of a |
| 22 | | court file or any portion of a court file that pertains to |
| 23 | | whether any order of protection has previously been entered in |
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| | HB3002 | - 2 - | LRB104 09834 JRC 19902 b |
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| 1 | | the proceeding or any other proceeding in which a party, a |
| 2 | | child of a party, or both, if relevant, has been designated as |
| 3 | | either a petitioner, respondent, or protected person. |
| 4 | | (d) Nothing in this Section allows for or may interfere |
| 5 | | with the payment of child support, income withholding for |
| 6 | | support, or the reporting of an entry of an order for support. |
