CIVIL PROCEDURE-NAME CHANGE

Illinois General Assembly - Full Text of HB4075

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Full Text of HB4075

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HB4075 - 104th General Assembly

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House Amendment 001

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HB4075 Engrossed
LRB104 13668 JRC 26329 b
1

AN ACT concerning civil law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

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

6

(735 ILCS 5/21-101)

(from Ch. 110, par. 21-101)
7

Sec. 21-101.
Proceedings; parties.
8

(a) If any person who is a resident of this State desires
9
to assume another name by which to be afterwards called and
10
known, the person may file a petition requesting that relief
11
in the circuit court of the county wherein
the petitioner

he or
12
she
resides. The petitioner shall have resided in this State
13
for 3 months at the time of the name change hearing or entry of
14
an order granting the name change.
15

(b) A person who has been convicted of any offense for
16
which a person is required to register under the Sex Offender
17
Registration Act, the Murderer and Violent Offender Against
18
Youth Registration Act, or the Arsonist Registry Act in this
19
State or any other state and who has not been pardoned is not
20
permitted to file a petition for a name change in the courts of
21
this State during the period that the person is required to
22
register, unless that person verifies under oath, as provided
23
under Section 1-109, that the petition for the name change is

HB4075 Engrossed
- 2 -
LRB104 13668 JRC 26329 b
1
due to marriage, religious beliefs, status as a victim of
2
trafficking or gender-related identity as defined by the
3
Illinois Human Rights Act. A judge may grant or deny the
4
request for legal name change filed by such persons
upon
5
making a determination based on the following factors: the
6
health and safety of the individual making the request, the
7
potential harms to the individual making the request if the
8
name change is denied, and any specific and detailed facts
9
demonstrating that the risk to an individual or group would
10
outweigh the harm to the individual making the request for the
11
name change. Any denial of a name change to someone under this
12
subsection who is making the request based on marriage,
13
religious beliefs, status as a victim of trafficking or
14
gender-related identity shall be in writing demonstrating the
15
reasons for the denial
. Any such persons granted a legal name
16
change shall report the change to the law enforcement agency
17
having jurisdiction of their current registration pursuant to
18
the Duty to Report requirements specified in Section 20 of the
19
Murderer and Violent Offender Against Youth Registration Act
20
and Section 6 of the Sex Offender Registration Act. For the
21
purposes of this subsection, a person will not face a felony
22
charge if the person's request for legal name change is denied
23
without proof of perjury.
24

(b-1) A person who has been convicted
as an adult
of a
25
felony offense in this State or any other state and whose
26
sentence has not been completed, terminated, or discharged is

HB4075 Engrossed
- 3 -
LRB104 13668 JRC 26329 b
1
not permitted to file a petition for a name change in the
2
courts of this State unless that person is pardoned for the
3
offense.
4

(c) A petitioner may include the petitioner's spouse and
5
adult unmarried children, with their consent, and the
6
petitioner's minor children where it appears to the court that
7
it is for their best interest, in the petition and relief
8
requested, and the court's order shall then include the spouse
9
and children. Whenever any minor has resided in the family of
10
any person for the space of 3 years and has been recognized and
11
known as an adopted child in the family of that person, the
12
application herein provided for may be made by the person
13
having that minor in that person's family.
14

An order shall be entered as to a minor only if the court
15
finds by clear and convincing evidence that the change is
16
necessary to serve the best interest of the child. In
17
determining the best interest of a minor child under this
18
Section, the court shall consider all relevant factors,
19
including:
20

(1) The wishes of the child's parents and any person
21

acting as a parent who has physical custody of the child.
22

(2) The wishes of the child and the reasons for those
23

wishes. The court may interview the child in chambers to
24

ascertain the child's wishes with respect to the change of
25

name. Counsel shall be present at the interview unless
26

otherwise agreed upon by the parties. The court shall

HB4075 Engrossed
- 4 -
LRB104 13668 JRC 26329 b
1

cause a court reporter to be present who shall make a
2

complete record of the interview instantaneously to be
3

part of the record in the case.
4

(3) The interaction and interrelationship of the child
5

with the child's parents or persons acting as parents who
6

have physical custody of the child, step-parents,
7

siblings, step-siblings, or any other person who may
8

significantly affect the child's best interest.
9

(4) The child's adjustment to the child's home,
10

school, and community.
11

(d) If it appears to the court that the conditions and
12
requirements under this Article have been complied with and
13
that there is no reason why the relief requested should not be
14
granted, the court, by an order to be entered of record, may
15
direct and provide that the name of that person be changed in
16
accordance with the relief requested in the petition. If the
17
circuit court orders that a name change be granted to a person
18
who has been
adjudicated or
convicted of a felony or
19
misdemeanor offense under the laws of this State or any other
20
state for which
the conviction has not been pardoned or
21
sealed,

a pardon has not been granted,
or has an arrest for
22
which a charge has not been filed or a pending charge on a
23
felony or misdemeanor offense, a copy of the order, including
24
a copy of each applicable access and review response, shall be
25
forwarded to the Illinois State Police. The Illinois State
26
Police shall update any
Illinois
criminal history transcript

HB4075 Engrossed
- 5 -
LRB104 13668 JRC 26329 b
1
or
Illinois
offender registration of each person 18 years of
2
age or older in the order to include the change of name as well
3
as
the petitioner's

his or her
former name.
4
(Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24;
5
103-605, eff. 7-1-24; 103-609, eff. 7-1-24; 103-1063, eff.
6
3-1-25.)

7

(735 ILCS 5/21-102)

(from Ch. 110, par. 21-102)
8

Sec. 21-102.
Petition;
order.

update criminal history
9
transcript.

10

(a) The petition shall be a statewide standardized form
11
approved by the Illinois Supreme Court and shall set forth the
12
name then held, the name sought to be assumed, the residence of
13
the petitioner, the length of time the petitioner has resided
14
in this State, and the state or country of the petitioner's
15
nativity or supposed nativity. The petition shall include a
16
statement, verified under oath as provided under Section 1-109
17
of this Code, whether or not the petitioner or any other person
18
18 years of age or older who will be subject to a change of
19
name under the petition if granted: (1) has been adjudicated
20
or convicted
as an adult
of a felony or misdemeanor offense
21
under the laws of this State or any other state for which
the
22
conviction has not been pardoned, expunged, or sealed

a pardon
23
has not been granted
;
or
(2) has an arrest
as an adult
for
24
which a charge has not been filed or a pending
adult
charge on
25
a felony or misdemeanor offense
; or (3) is a juvenile with a

HB4075 Engrossed
- 6 -
LRB104 13668 JRC 26329 b
1
current felony or misdemeanor adjudication or conviction that
2
has not been sealed or expunged, and for which a pardon has not
3
been granted, a pending charge on a felony or misdemeanor, or
4
has an arrest for which a charge has not been filed
. The
5
petition shall be signed by the person petitioning or, in case
6
of minors, by the parent or guardian having the legal custody
7
of the minor.
8

(a-1) Adults with sealed juvenile convictions or
9
adjudications are not required to disclose the sealed
10
convictions or adjudications on the name change petition, and
11
such convictions and adjudications shall not be considered in
12
the proceedings.

13

(b) If the statement provided under subsection (a) of this
14
Section indicates the petitioner or any other person 18 years
15
of age or older who will be subject to a change of name under
16
the petition, if granted, has been adjudicated or convicted of
17
a felony or misdemeanor offense under the laws of this State
18
and has not received a pardon
or
had such adjudication or
19
conviction expunged, or is required to register under the Sex
20
Offender Registration Act, the Murderer and Violent Offender
21
Against Youth Registration Act, or the Arsonist Registry Act
22
in this State or a similar law in
any other state
and

for which
23
a pardon
has not been
pardoned

granted
, or has an arrest for
24
which a charge has not been filed
in this State, or has

or
a
25
pending charge on a felony or misdemeanor offense
in this
26
State
, the State's Attorney may request the court to or the

HB4075 Engrossed
- 7 -
LRB104 13668 JRC 26329 b
1
court may on its own motion, require the person, prior to a
2
hearing on the petition, to initiate an update of his or her
3
criminal history transcript with the Illinois State Police.
4
The Illinois State Police shall allow a person to use the
5
Access and Review process, established by rule
by

in
the
6
Illinois State Police, for this purpose. Upon completion of
7
the update of the criminal history transcript, the petitioner
8
shall file confirmation of each update with the court, which
9
shall seal the records from disclosure outside of court
10
proceedings on the petition.
11

(b-1) The order for change of name shall recite the place
12
and date of birth of the petitioner. The place of birth shall
13
include the city, state, and country of birth.

14

(c) Any petition filed under subsection (a) shall include
15
the following: "WARNING: If you are required to register under
16
the Sex Offender Registration Act, the Murderer and Violent
17
Offender Against Youth Registration Act, or the Arsonist
18
Registry Act in this State or a similar law in any other state
19
and have not been pardoned,
even if the conviction or
20
adjudication requiring registration has been sealed,
you will
21
be committing a felony under those respective Acts by seeking
22
a change of name during the registration period UNLESS your
23
request for legal name change is due to marriage, religious
24
beliefs, status as a victim of trafficking or gender related
25
identity as defined by the Illinois Human Rights Act.".
26
(Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24;

HB4075 Engrossed
- 8 -
LRB104 13668 JRC 26329 b
1
103-605, eff. 7-1-24; 103-609, eff. 7-1-24.)

2

(735 ILCS 5/21-102.5)
3

Sec. 21-102.5.
Notice; objection.
4

(a) The circuit court clerk shall promptly serve a copy of
5
the petition on the State's Attorney and the Illinois State
6
Police if the statement provided under subsection (a) of
7
Section 21-102 indicates that the petitioner, or any other
8
person 18 years of age or older who will be subject to a change
9
of name under the petition, has been
adjudicated or
convicted
10
as an adult
of a felony or misdemeanor offense under the laws
11
of this State or any other state for which
the conviction has
12
not been pardoned, expunged, or sealed;

a pardon has not been
13
granted, or
has an arrest
as an adult
for which a charge has
14
not been filed or a pending
adult
charge on a felony or
15
misdemeanor offense
; or is a juvenile with a current felony or
16
misdemeanor conviction or adjudication that has not been
17
sealed or expunged for which a pardon has not been granted, has
18
a pending charge on a felony or misdemeanor offense, or has an
19
arrest for which a charge has not been filed. Notice of a name
20
change shall not be given to the Illinois State Police and
21
State's Attorney for an adult with a sealed, expunged, or
22
pardoned juvenile conviction or adjudication
.
23

(b) The State's Attorney may file an objection to the
24
petition
within 30 days of the date of service of the petition
25
upon the State's Attorney if the petitioner has a pending case

HB4075 Engrossed
- 9 -
LRB104 13668 JRC 26329 b
1
for a Class 2 felony or greater offense or has been convicted
2
of identity theft, aggravated identity theft, felony or
3
misdemeanor criminal sexual abuse if the victim of the offense
4
at the time of its commission is under 18 years of age, felony
5
or misdemeanor sexual exploitation of a child, felony or
6
misdemeanor indecent solicitation of a child, or felony or
7
misdemeanor indecent solicitation of an adult and has not been
8
pardoned for the conviction or has a pending case for any of
9
these enumerated charges or any pending charge that would
10
require compliance, if convicted, with the Sex Offender
11
Registration Act, the Murderer and Violent Offender Against
12
Youth Registration Act, or the Arsonist Registry Act
. All
13
objections shall be in writing, shall be filed with the
14
circuit court clerk, shall be served upon the petitioner, and
15
shall state with specificity the basis of the objection
,
16
including, but not limited to, any specific and detailed facts
17
demonstrating that any potential risk to another individual or
18
group would outweigh any potential harm or negative impact to
19
the individual making the request for the name change
.
20
Objections to a petition must be filed within 30 days of the
21
date of service of the petition upon the State's Attorney if
22
the petitioner:
23

(1) is the defendant in a pending criminal offense
24

charge; or
25

(2) has been convicted of identity theft, aggravated
26

identity theft, felony or misdemeanor criminal sexual

HB4075 Engrossed
- 10 -
LRB104 13668 JRC 26329 b
1

abuse when the victim of the offense at the time of its
2

commission is under 18 years of age, felony or misdemeanor
3

sexual exploitation of a child, felony or misdemeanor
4

indecent solicitation of a child, or felony or misdemeanor
5

indecent solicitation of an adult, and has not been
6

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

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