Text of IL HB 4370 (2026)

104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB4370 Introduced , by Rep. Anne Stava SYNOPSIS AS INTRODUCED: 735 ILCS 5/21-107 new Amends the Code of Civil Procedure. Creates a process for a petition for change of name on the basis of gender identity. Makes all of the proceedings and records confidential unless the petitioner waives otherwise. Makes limited exceptions to the confidentiality requirement. Creates a cause of action for knowingly violating the confidentiality provisions. Defines terms. Makes other changes. LRB104 16897 JRC 30308 b A BILL FOR HB4370LRB104 16897 JRC 30308 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 5adding Section 21-107 as follows: 6 (735 ILCS 5/21-107 new) 7 Sec. 21-107. Gender-related identity. 8 (a) Transgender people are experiencing a growing epidemic 9of discrimination, harassment, and violence across the 10country. Whether a transgender person's gender identity 11conforms with the person's assigned sex at birth is intimate 12personal information entitled to protection under the right to 13privacy. A transgender person has a privacy interest in 14concealing the person's transgender identity. 15 (b) As used in this Act: 16 "Transgender" means a person whose gender identity is 17different from the gender assigned at birth. 18 "Gender identity" means a person's deeply felt, inherent 19sense of who the person is as a particular gender, such as 20female. 21 (c) If a petition is filed alleging that the requested 22name change is on the basis of gender identity, all court 23records filed under this Section are confidential and may not HB4370- 2 -LRB104 16897 JRC 30308 b 1be accessed by anyone other than the petitioner, an attorney 2representing the petitioner, and any agents acting under 3written authorization from those individuals or their 4attorneys. For a petition brought on behalf of a minor, the 5court shall limit access to the minor who is the subject of the 6petition, the minor's parents, guardians, and guardians ad 7litem, an attorney representing those individuals, and any 8agents acting under a written authorization from those 9individuals or their attorneys. 10 (d) The court must order that the records in the 11proceeding be kept confidential unless the petitioner waives 12that right. If the petitioner in a proceeding for a name change 13on the basis of gender identity was filed before the effective 14date of this amendatory Act of the 104th General Assembly 15seeks confidentiality under this Section, the court shall 16enter such an order. The petitioner may make this request ex 17parte and without paying a filing fee. The court shall make the 18request and all associated records confidential. 19 (e) If the petitioner discovers that court records in 20these proceedings are not being kept confidential as required 21under this Section, the petitioner may apply ex parte for that 22order without paying a filing fee, and the court shall enter an 23order making the records confidential. The court shall make 24the request and all associated records confidential. 25 (f) Other than the petitioner, a person or private entity 26may not publicly post a confidential record under this Section HB4370- 3 -LRB104 16897 JRC 30308 b 1on the Internet or otherwise. 2 (g) Any violation of this Section is deemed to cause 3injury to the petitioner, including, but not limited to, 4emotional distress. A petitioner who has been harmed by a 5disclosure or continuing disclosure of records by a person or 6private entity with actual knowledge that those records were 7confidential or sealed by the court may bring a civil action 8against a person or private entity that caused the harm. A 9civil action under this Section may be brought by a petitioner 10or, if the petitioner is a minor, on behalf of a petitioner by 11the petitioner's parent, guardian, or guardian ad litem. 12 (h) If a person or private entity is found liable in an 13action brought under this Section, that person or private 14entity is liable to the petitioner for all of the following: 15 (1) actual damages that may not be less than $5,000; 16 (2) punitive damages; and 17 (3) reasonable attorney's fees and costs. 18 (i) The Supreme Court may issue rules to implement this 19Section. The petition to be used under this Section shall be a 20statewide standardized form approved by the Supreme Court and 21set forth the name then held, the name sought to be assumed, 22the residence of the petitioner, the length of time the 23petitioner has resided in this State, and the state or country 24of the petitioner's birth. 25 (j) If the petition is filed under this Section on behalf 26of a minor, the notice provisions of Section 21-103.5 apply, HB4370- 4 -LRB104 16897 JRC 30308 b 1but the notice must contain a disclosure that proceedings 2under this Section are confidential in a form approved by the 3Supreme Court. 4 (k) Nothing in this Section precludes a court from 5granting a motion to seal all court records under this Section 6of a person's change of name on the basis of gender identity.