Text of IL HB 5652 (2024)

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 HB5652- 2 -LRB103 38624 JRC 68761 b 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 HB5652- 3 -LRB103 38624 JRC 68761 b 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, HB5652- 4 -LRB103 38624 JRC 68761 b 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. HB5652- 5 -LRB103 38624 JRC 68761 b