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

 

HB5652LRB103 38624 JRC 68761 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by
5changing Sections 21-101 and 21-103 as follows:
 
6    (735 ILCS 5/21-103)
7    Sec. 21-103. Notice by publication.
8    (a) Previous notice shall be given of the intended
9application by publishing a notice thereof in some newspaper
10published in the municipality in which the person resides if
11the municipality is in a county with a population under
122,000,000, or if the person does not reside in a municipality
13in a county with a population under 2,000,000, or if no
14newspaper is published in the municipality or if the person
15resides in a county with a population of 2,000,000 or more,
16then in some newspaper published in the county where the
17person resides, or if no newspaper is published in that
18county, then in some convenient newspaper published in this
19State. The notice shall be inserted for 3 consecutive weeks
20after filing, the first insertion to be at least 6 weeks before
21the return day upon which the petition is to be heard, and
22shall be signed by the petitioner or, in case of a minor, the
23minor's parent or guardian, and shall set forth the return day

 

 

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1of court on which the petition is to be heard and the name
2sought to be assumed.
3    (b) The publication requirement of subsection (a) shall
4not be required in any application for a change of name
5involving a minor if, before making judgment under this
6Article, reasonable notice and opportunity to be heard is
7given to any parent whose parental rights have not been
8previously terminated and to any person who has physical
9custody of the child. If any of these persons are outside this
10State, notice and opportunity to be heard shall be given under
11Section 21-104.
12    (b-3) The publication requirement of subsection (a) shall
13not be required in any application for a change of name
14involving a person who has received a judgment of for
15dissolution of marriage or declaration of invalidity of
16marriage and wishes to change his or her name to resume the use
17of his or her former or maiden name.
18    (b-5) The court may issue an order directing that the
19notice and publication requirement be waived for a change of
20name involving a person who files with the court a statement,
21verified under oath as provided under Section 1-109 of this
22Code, that the person believes that publishing notice of the
23name change would be a hardship, including, but not limited
24to, a negative impact on the person's health or safety.
25    (b-6) In a case where waiver of the notice and publication
26requirement is sought, the petition for waiver is presumed

 

 

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1granted and heard at the same hearing as the petition for name
2change. The court retains discretion to determine whether a
3hardship is shown and may order the petitioner to publish
4thereafter.
5    (c) The Director of the Illinois State Police or his or her
6designee may apply to the circuit court for an order directing
7that the notice and publication requirements of this Section
8be waived if the Director or his or her designee certifies that
9the name change being sought is intended to protect a witness
10during and following a criminal investigation or proceeding.
11    (c-1) The court may also enter a written order waiving the
12publication requirement of subsection (a) if:
13        (i) the petitioner is 18 years of age or older; and
14        (A) (ii) concurrent with the petition, the petitioner
15    files with the court a statement, verified under oath as
16    provided under Section 1-109 of this Code, attesting that
17    the petitioner is or has been a person protected under the
18    Illinois Domestic Violence Act of 1986, the Stalking No
19    Contact Order Act, the Civil No Contact Order Act, Article
20    112A of the Code of Criminal Procedure of 1963, a
21    condition of pretrial release under subsections (b)
22    through (d) of Section 110-10 of the Code of Criminal
23    Procedure of 1963, or a similar provision of a law in
24    another state or jurisdiction; or
25        (B) files with the court a statement, verified under
26    oath as provided under Section 1-109 of this Code,

 

 

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1    attesting that the petitioner has a gender-related
2    identity, as defined in the Human Rights Act, that is not
3    expressed on the petitioner's birth certificate or the
4    petitioner's previous name identification does not express
5    the petitioner's current gender identity.
6    The petitioner may attach to the statement any supporting
7documents, including relevant court orders.
8    (c-2) If the petitioner files a statement attesting that
9disclosure of the petitioner's address would put the
10petitioner or any member of the petitioner's family or
11household at risk or reveal the confidential address of a
12shelter for domestic violence victims, that address may be
13omitted from all documents filed with the court, and the
14petitioner may designate an alternative address for service.
15    (c-3) Court administrators may allow domestic abuse
16advocates, rape crisis advocates, and victim advocates to
17assist petitioners in the preparation of name changes under
18subsection (c-1).
19    (c-4) If the publication requirements of subsection (a)
20have been waived, the circuit court shall enter an order
21sealing and impounding the case. At the request of law
22enforcement for good cause shown, the court shall unseal and
23open the case for review by law enforcement only. The case may
24not be sealed or impounded if the petitioner has been
25convicted of a felony or sex offense that requires the
26petitioner to register as a sex offender.

 

 

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1    (d) The maximum rate charged for publication of a notice
2under this Section may not exceed the lowest classified rate
3paid by commercial users for comparable space in the newspaper
4in which the notice appears and shall include all cash
5discounts, multiple insertion discounts, and similar benefits
6extended to the newspaper's regular customers.
7(Source: P.A. 101-81, eff. 7-12-19; 101-203, eff. 1-1-20;
8101-652, eff. 1-1-23; 102-538, eff. 8-20-21; 102-813, eff.
95-13-22; 102-1133, eff. 1-1-24; revised 12-15-23.)