HB5382 104TH GENERAL ASSEMBLY

LRB104 20652 SSS 34149 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5382

Introduced 2/10/2026, by Rep. Justin Slaughter

SYNOPSIS AS INTRODUCED:

735 ILCS 5/21-101

from Ch. 110, par. 21-101

Amends the Code of Civil Procedure. Adds provisions allowing a member of a Moorish Science Temple to change or correct the person's name by amending the Tribal Suffix of El or Bey to the person's family name by filing a notarized form with the Secretary of State to do so. Creates a form to use in the process. Makes other changes. Effective immediately.

A BILL FOR

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 Section 21-101 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 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. 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 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 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.

(e) If any person who is a resident of this State and a member, in good standing, of a lawfully chartered and incorporated Moorish Science Temple, desires to change or correct the person's name by amending the Tribal Suffix of El or Bey to the family name or to assume another name by which to be afterwards called and known for religious reasons, the person may file a notarized form with the Office of the Secretary of State to legally change or correct the person's name claiming a religious exemption, substantially in the following form:

(1) I . . . . . . . . . . . .(name of affiant) bear witness and affirm in truth that I have proclaimed my nationality with, and am a member, in good standing of, the Moorish Science Temple of America, a religious congregation and corporation founded in Newark, New Jersey in 1913 by Prophet Noble Drew Ali and incorporated in Illinois in 1928, via Subordinate (or Grand as the case may be) Temple Number and resident of (Address of Affiant), (City), Illinois, Zip Code;

(2) Subordinate (or Grand as the case may be) Temple is lawfully chartered at . . . . . . .;

(3) The Grand Sheik (Grand Sheikess, Governor, Governess, Grand Governor or Grand Governess as the case may be) of my Temple is . . . . . . . . . . . . . .;

(4) The Secretary of my Temple is . . . . (Name of Temple Secretary). . . . . . . . . .;

(5) The Treasurer of my Temple is . . . . . (Name of Temple Treasurer). . . . . . . . .;

(6) I do hereby declare that I am a Moslem under the Divine Laws of The Holy Koran of Mecca, Love, Truth, Peace, Freedom, and Justice. I bear witness that there is no god but Allah and Noble Drew Ali is His and my Holy and Divine Prophet.

(7) I understand that this identification card or driver's license is valid only as long as I remain in obedience to Act 7 of the Divine Constitution and By Laws of the Moorish Science Temple of America and Additional Laws for the Moorish-Americans by Prophet Noble Drew Ali and will be subject to suspension after the 3rd notice made from the Temple Secretary to the Secretary of noncompliance therewith. I further understand that this this identification card or driver's license expires at the end of the next and every preceding Annual National Convention of the Moorish Science Temple of America, unless I have remained in good standing and it is reported by the Secretary of the Temple to the Secretary of the State no later than 30 days after the close of the next and every preceding Annual National Convention of the Moorish Science Temple of America, respectively.

(8) The former name by which I was known or given at birth was (Insert former First, Middle, Last, Suffix name of Affiant). . . . . . . .

(9) The name to be displayed on my government issued identification cards and records is (insert current First, Middle, Last, Suffix name of Affiant for religious purposes). . . . . . . .

(10) I further give the Secretary of the State limited power of attorney to correct, order, or request the correction or other changes as may be necessary, to any State, federal, or municipal records in which my name or nationality does not reflect the name declared above, the Nationality of: Moorish-American and race of: Asiatic, and the delivery of updated copies of the same to my address herein provided.

(11) My current State identification or driver's license number is . . . . . . . . . . . . .

(12) The last 4 digits of my Social Security number is . . . . . . . . .

(e-1) The recording of the information provided in the affidavit and the completion of any administrative processes necessary to correct, edit, order or request the correction or other changes to any State, federal, or municipal records in which the affiant's name or nationality does not reflect the name declared in the affidavit, the Nationality of: Moorish-American and race of: Asiatic, and the delivery of updated copies of the same to the address therein provided.

(e-2) The creation and maintenance of a secure database of the members of the Moorish Science Temple of America in the State of Illinois, in good standing, comprised of the data from the membership rolls of any lawfully chartered Subordinate (or Grand as the case may be) Temple of the Moorish Science Temple of America in Illinois, submitted to the Secretary of the State by the Secretary of the respective Temple.

(e-3) This secured database shall be updated by no later than 7:00 AM every Monday to include any new members who have recently joined.

(e-4) The Secretary of the State shall create and provide technical assistance and training to its employees and the Secretaries of the Moorish Science Temple of America, their designees, or staff as may be necessary for the implementation of this Act.

(e-5) The Secretary of State shall be authorized to create and make available the change or correction of name affidavit template and take all other necessary measures for the implementation of this Act within 60 days of its enactment into law.

(e-6) The Secretary of State shall consult and collaborate with members of the community, designated by the Moorish Science Temple of America, Inc., to provide cultural competence in the design, implementation, and enforcement of this Act.

(e-7)The Secretary of State shall adopt rules to implement this 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; 103-1063, eff. 3-1-25.)

Section 99. Effective date. This Act takes effect upon becoming law.