HB4075eng 104TH GENERAL ASSEMBLY

HB4075 Engrossed LRB104 13668 JRC 26329 b

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Code of Civil Procedure is amended by changing Sections 21-101, 21-102, and 21-102.5 as follows:

(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 desires 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 the petitioner 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 Registry 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 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 upon making a determination based on the following factors: the health and safety of the individual making the request, the potential harms to the individual making the request if the name change is denied, and any specific and detailed facts demonstrating that the risk to an individual or group would outweigh the harm to the individual making the request for the name change. Any denial of a name change to someone under this subsection who is making the request based on marriage, religious beliefs, status as a victim of trafficking or gender-related identity shall be in writing demonstrating the reasons for the denial. 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 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 as an adult 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 spouse and adult unmarried children, with their consent, and the petitioner's 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 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 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 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.

(4) The child's adjustment to the child's 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 the conviction has not been pardoned or sealed, 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 Illinois criminal history transcript or Illinois offender registration of each person 18 years of age or older in the order to include the change of name as well as the petitioner's his or her former name.

(Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24; 103-605, eff. 7-1-24; 103-609, eff. 7-1-24; 103-1063, eff. 3-1-25.)

(735 ILCS 5/21-102) (from Ch. 110, par. 21-102)

Sec. 21-102. Petition; order. update criminal history transcript.

(a) The petition shall be a statewide standardized form approved by the Illinois Supreme Court and shall set forth the name then held, the name sought to be assumed, the residence of the petitioner, the length of time the petitioner has resided in this State, and the state or country of the petitioner's nativity or supposed nativity. The petition shall include a statement, verified under oath as provided under Section 1-109 of this Code, whether or not the petitioner or any other person 18 years of age or older who will be subject to a change of name under the petition if granted: (1) has been adjudicated or convicted as an adult of a felony or misdemeanor offense under the laws of this State or any other state for which the conviction has not been pardoned, expunged, or sealed a pardon has not been granted; or (2) has an arrest as an adult for which a charge has not been filed or a pending adult charge on a felony or misdemeanor offense; or (3) is a juvenile with a current felony or misdemeanor adjudication or conviction that has not been sealed or expunged, and for which a pardon has not been granted, a pending charge on a felony or misdemeanor, or has an arrest for which a charge has not been filed. The petition shall be signed by the person petitioning or, in case of minors, by the parent or guardian having the legal custody of the minor.

(a-1) Adults with sealed juvenile convictions or adjudications are not required to disclose the sealed convictions or adjudications on the name change petition, and such convictions and adjudications shall not be considered in the proceedings.

(b) If the statement provided under subsection (a) of this Section indicates the petitioner or any other person 18 years of age or older who will be subject to a change of name under the petition, if granted, has been adjudicated or convicted of a felony or misdemeanor offense under the laws of this State and has not received a pardon or had such adjudication or conviction expunged, or is required to register under the Sex Offender Registration Act, the Murderer and Violent Offender Against Youth Registration Act, or the Arsonist Registry Act in this State or a similar law in any other state and for which a pardon has not been pardoned granted, or has an arrest for which a charge has not been filed in this State, or has or a pending charge on a felony or misdemeanor offense in this State, the State's Attorney may request the court to or the court may on its own motion, require the person, prior to a hearing on the petition, to initiate an update of his or her criminal history transcript with the Illinois State Police. The Illinois State Police shall allow a person to use the Access and Review process, established by rule by in the Illinois State Police, for this purpose. Upon completion of the update of the criminal history transcript, the petitioner shall file confirmation of each update with the court, which shall seal the records from disclosure outside of court proceedings on the petition.

(b-1) The order for change of name shall recite the place and date of birth of the petitioner. The place of birth shall include the city, state, and country of birth.

(c) Any petition filed under subsection (a) shall include the following: "WARNING: If you are required to register under the Sex Offender Registration Act, the Murderer and Violent Offender Against Youth Registration Act, or the Arsonist Registry Act in this State or a similar law in any other state and have not been pardoned, even if the conviction or adjudication requiring registration has been sealed, you will be committing a felony under those respective Acts by seeking a change of name during the registration period UNLESS your request for legal 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.".

(Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24; 103-605, eff. 7-1-24; 103-609, eff. 7-1-24.)

(735 ILCS 5/21-102.5)

Sec. 21-102.5. Notice; objection.

(a) The circuit court clerk shall promptly serve a copy of the petition on the State's Attorney and the Illinois State Police if the statement provided under subsection (a) of Section 21-102 indicates that the petitioner, or any other person 18 years of age or older who will be subject to a change of name under the petition, has been adjudicated or convicted as an adult of a felony or misdemeanor offense under the laws of this State or any other state for which the conviction has not been pardoned, expunged, or sealed; a pardon has not been granted, or has an arrest as an adult for which a charge has not been filed or a pending adult charge on a felony or misdemeanor offense; or is a juvenile with a current felony or misdemeanor conviction or adjudication that has not been sealed or expunged for which a pardon has not been granted, has a pending charge on a felony or misdemeanor offense, or has an arrest for which a charge has not been filed. Notice of a name change shall not be given to the Illinois State Police and State's Attorney for an adult with a sealed, expunged, or pardoned juvenile conviction or adjudication.

(b) The State's Attorney may file an objection to the petition within 30 days of the date of service of the petition upon the State's Attorney if the petitioner has a pending case for a Class 2 felony or greater offense or has been convicted of identity theft, aggravated identity theft, felony or misdemeanor criminal sexual abuse if the victim of the offense at the time of its commission is under 18 years of age, felony or misdemeanor sexual exploitation of a child, felony or misdemeanor indecent solicitation of a child, or felony or misdemeanor indecent solicitation of an adult and has not been pardoned for the conviction or has a pending case for any of these enumerated charges or any pending charge that would require compliance, if convicted, with the Sex Offender Registration Act, the Murderer and Violent Offender Against Youth Registration Act, or the Arsonist Registry Act. All objections shall be in writing, shall be filed with the circuit court clerk, shall be served upon the petitioner, and shall state with specificity the basis of the objection, including, but not limited to, any specific and detailed facts demonstrating that any potential risk to another individual or group would outweigh any potential harm or negative impact to the individual making the request for the name change. Objections to a petition must be filed within 30 days of the date of service of the petition upon the State's Attorney if the petitioner:

(1) is the defendant in a pending criminal offense charge; or

(2) has been convicted of identity theft, aggravated identity theft, felony or misdemeanor criminal sexual abuse when the victim of the offense at the time of its commission is under 18 years of age, felony or misdemeanor sexual exploitation of a child, felony or misdemeanor indecent solicitation of a child, or felony or misdemeanor indecent solicitation of an adult, and has not been pardoned for the conviction.

(Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24; 103-605, eff. 7-1-24.)