HB 4075 — CIVIL PROCEDURE-NAME CHANGE

*LRB10413668JRC26329b* HB4075 104THEngrossed GENERALLRB104 ASSEMBLY13668 StateJRC of26329 Illinoisb andAN 2026ACT HB4075concerning Introducedcivil 10/15/2025,law. by Rep.

Kelly M.

Cassidy SYNOPSIS AS INTRODUCED:

See Index Amends the Name Change Article of the Code of Civil Procedure.

Provides that for a petition for name change by a person who is required to register under Sex Offender Registration Act, the Murderer and Violent Offender Against Youth Registration Act, or the Arsonist Registration Act and not yet pardoned, if the petition alleges that it is sought because of marriage, religious beliefs, status as a victim of trafficking or gender-related identity, the court may grant or deny the petition after making a determination based on certain factors.

Provides that any denial of a name change to these individuals must be in writing demonstrating the reasons for the denial.

Provides that a person who has been convicted as an adult of a felony offense and whose sentence has not been completed, terminated, or discharged is not permitted to file a petition for a name change unless pardoned for the offense.

Provides that the State's Attorney may file an objection to the petition within 30 days of being served if the petitioner has been convicted of and not been pardoned or has a pending case for any of the these enumerated charges:

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.

Provides the same opportunity to object if the petitioner has 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.

Provides those objections must be in writing, filed with the circuit court clerk, served upon the petitioner, and state with specificity the basis of the objection, including, but not limited to, any evidence of specific intent for requesting the name change and 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.

Makes other changes.

LRB104 13668 JRC 26329 b A BILL FOR HB4075 LRB104 13668 JRC 26329 b AN ACT concerning civil law.

(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 HB4075 Engrossed - 2 - LRB104 13668 JRC 26329 b due to marriage, religious beliefs, status as a victim of trafficking or gender-related identity as defined by the Illinois Human Rights Act.

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

The court shall HB4075 Engrossed - 4 - LRB104 13668 JRC 26329 b 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.

The Illinois State Police shall update any Illinois criminal history transcript HB4075 Engrossed - 5 - LRB104 13668 JRC 26329 b 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.

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.offense;

Theor petition(3) shallis bea signedjuvenile with a HB4075 Engrossed - 6 - LRB104 13668 JRC 26329 b bycurrent thefelony personor petitioningmisdemeanor or,adjudication inor caseconviction ofthat minors,has bynot thebeen parentsealed or guardianexpunged, havingand thefor legalwhich custodya ofpardon thehas minor.not been granted, a pending charge on a felony or misdemeanor, or has an arrest for which a charge has not been filed.

(b) The orderpetition forshall changebe ofsigned nameby shallthe reciteperson thepetitioning placeor, andin datecase of birthminors, by the parent or guardian having the legal custody of the petitioner.minor.

The(a-1) placeAdults ofwith birthsealed shalljuvenile includeconvictions or adjudications are not required to disclose the city,sealed state,convictions or adjudications on the name change petition, and countrysuch ofconvictions birth.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,offense in this State, the State's Attorney may request the court to or the HB4075 Engrossed - 7 - LRB104 13668 JRC 26329 b 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.

(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.

If you are required to register under the Sex Offender Registration Act, the Murderer and Violent HB4075 - 7 - LRB104 13668 JRC 26329 b 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.".

HB4075 Engrossed - 8 - LRB104 13668 JRC 26329 b 103-605, eff.

(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 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 sealedsealed; 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.

(b)a Thepardon State's Attorney may file an objection to the HB4075 - 8 - LRB104 13668 JRC 26329 b petition within 30 days of the date of service of the petition upon the State's Attorney if the petitioner has not been convictedgranted, of identity theft, aggravated identity theft, felony or misdemeanorhas criminalan sexualarrest abuseas ifan theadult victimfor ofwhich the offense at the time of its commission is under 18 years of age, felony or misdemeanor sexual exploitation of a child,charge felony or misdemeanor indecent solicitation of a child, or felony or misdemeanor indecent solicitation of an adult and has not been pardonedfiled for the conviction or has a pending caseadult for any of these enumerated charges or any pending charge thaton woulda requirefelony compliance, if convicted, with the Sex Offender Registration Act, the Murderer and Violent Offender Against Youth Registration Act, or themisdemeanor Arsonistoffense; Registry Act.

Allor objectionsis shalla bejuvenile in writing, shall be filed with thea circuitcurrent courtfelony clerk,or shallmisdemeanor beconviction servedor uponadjudication thethat petitioner,has and shall state with specificity the basis of the objection, including, but not limitedbeen to,sealed anyor evidenceexpunged of specific nefarious intent for requestingwhich thea namepardon changehas andnot anybeen specificgranted, andhas detaileda factspending demonstratingcharge thaton anya potentialfelony risk to another individual or groupmisdemeanor wouldoffense, outweigh any potential harm or negativehas impactan toarrest thefor individualwhich makinga thecharge requesthas fornot thebeen namefiled. change.

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 HB4075 Engrossed - 9 - LRB104 13668 JRC 26329 b 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.

or HB4075 - 9 - LRB104 13668 JRC 26329 b (2) has been convicted of identity theft, aggravated identity theft, felony or misdemeanor criminal sexual HB4075 Engrossed - 10 - LRB104 13668 JRC 26329 b 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.

7-1-24.) HB4075 - 10 - LRB104 13668 JRC 26329 b INDEX Statutes amended in order of appearance 735 ILCS 5/21-101 from Ch.

110, par.

21-101 735 ILCS 5/21-102 from Ch.

110, par.

21-102 735 ILCS 5/21-102.5