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Public Act 103-1063
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| HB5164 Enrolled | LRB103 37155 JRC 67274 b |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Code of Civil Procedure is amended by |
changing Section 21-101 and by adding Section 21-103.8 as |
follows:
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(735 ILCS 5/21-101) (from Ch. 110, par. 21-101) |
Sec. 21-101. Proceedings; parties. |
(a) If any person who is a resident of this State and has |
resided in this State for 6 months desires to change his or her |
name and to assume another name by which to be afterwards |
called and known, the person may file a petition requesting |
that relief in the circuit court of the county wherein he or |
she resides. The petitioner shall have resided in this State |
for 3 months at the time of the name change hearing or entry of |
an order granting the name change. |
(b) A person who has been convicted of any offense for |
which a person is required to register under the Sex Offender |
Registration Act, the Murderer and Violent Offender Against |
Youth Registration Act, or the Arsonist Registration Act in |
this State or any other state and who has not been pardoned is |
not permitted to file a petition for a name change in the |
courts of this State during the period that the person is |
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required to register, unless that person verifies under oath, |
as provided under Section 1-109, that the petition for the |
name change is due to marriage, religious beliefs, status as a |
victim of trafficking or gender-related identity as defined by |
the Illinois Human Rights Act. A judge may grant or deny the |
request for legal name change filed by such persons. Any such |
persons granted a legal name change shall report the change to |
the law enforcement agency having jurisdiction of their |
current registration pursuant to the Duty to Report |
requirements specified in Section 35 of the Arsonist |
Registration Act, Section 20 of the Murderer and Violent |
Offender Against Youth Registration Act, and Section 6 of the |
Sex Offender Registration Act. For the purposes of this |
subsection, a person will not face a felony charge if the |
person's request for legal name change is denied without proof |
of perjury. |
(b-1) A person who has been convicted of a felony offense |
in this State or any other state and whose sentence has not |
been completed, terminated, or discharged is not permitted to |
file a petition for a name change in the courts of this State |
unless that person is pardoned for the offense. |
(c) A petitioner may include the petitioner's his or her |
spouse and adult unmarried children, with their consent, and |
the petitioner's his or her minor children where it appears to |
the court that it is for their best interest, in the petition |
and relief requested, and the court's order shall then include |
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the spouse and children. Whenever any minor has resided in the |
family of any person for the space of 3 years and has been |
recognized and known as an adopted child in the family of that |
person, the application herein provided for may be made by the |
person having that minor in that person's his or her family. |
An order shall be entered as to a minor only if the court |
finds by clear and convincing evidence that the change is |
necessary to serve the best interest of the child. In |
determining the best interest of a minor child under this |
Section, the court shall consider all relevant factors, |
including: |
(1) The wishes of the child's parents and any person |
acting as a parent who has physical custody of the child. |
(2) The wishes of the child and the reasons for those |
wishes. The court may interview the child in chambers to |
ascertain the child's wishes with respect to the change of |
name. Counsel shall be present at the interview unless |
otherwise agreed upon by the parties. The court shall |
cause a court reporter to be present who shall make a |
complete record of the interview instantaneously to be |
part of the record in the case. |
(3) The interaction and interrelationship of the child |
with the child's his or her parents or persons acting as |
parents who have physical custody of the child, |
step-parents, siblings, step-siblings, or any other person |
who may significantly affect the child's best interest. |
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(4) The child's adjustment to the child's his or her |
home, school, and community. |
(d) If it appears to the court that the conditions and |
requirements under this Article have been complied with and |
that there is no reason why the relief requested should not be |
granted, the court, by an order to be entered of record, may |
direct and provide that the name of that person be changed in |
accordance with the relief requested in the petition. If the |
circuit court orders that a name change be granted to a person |
who has been adjudicated or convicted of a felony or |
misdemeanor offense under the laws of this State or any other |
state for which a pardon has not been granted, or has an arrest |
for which a charge has not been filed or a pending charge on a |
felony or misdemeanor offense, a copy of the order, including |
a copy of each applicable access and review response, shall be |
forwarded to the Illinois State Police. The Illinois State |
Police shall update any criminal history transcript or |
offender registration of each person 18 years of age or older |
in the order to include the change of name as well as his or |
her former name. |
(Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24; |
revised 12-15-23.)
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(735 ILCS 5/21-103.8 new) |
Sec. 21-103.8. Impounding court file. |
(a) A petitioner may file a motion to have the |
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petitioner's court file impounded. The motion shall include a |
statement, verified under oath as provided under Section 1-109 |
of this Code, that the person believes that public disclosure |
would be a hardship and have a negative impact on the person's |
health or safety to include, but not be limited to, that the |
person is transgender, an adoptee, a survivor of domestic or |
intimate partner abuse, a survivor of gender-based violence, a |
survivor of human trafficking, a refugee, a person who has |
been granted special immigrant status by the United States |
Citizenship and Immigration Service, a person who has survived |
reparative or conversion therapy, or a person who has been |
granted asylum in this country. The petitioner may attach to |
the statement any supporting documents including relevant |
court orders, although self attestation shall suffice as |
acceptable documentation. |
(b) If the petitioner files a statement attesting that |
disclosure of the petitioner's address would put the |
petitioner or any member of the petitioner's family or |
household at risk or reveal the confidential address of a |
shelter for domestic violence victims, that address may be |
omitted from all documents filed with the court, and the |
petitioner may designate an alternative address for service. |
(c) If a court grants a motion to impound the file under |
this Section, it is still required under subsection (d) of |
Section 21-101 that the name change be reported to the |
Illinois State Police, and the Illinois State Police must |