Bill Amendment: IL HB4075 | 2025-2026 | 104th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: CIVIL PROCEDURE-NAME CHANGE

Status: 2026-04-21 - Referred to Assignments [HB4075 Detail]

Download: Illinois-2025-HB4075-House_Amendment_001.html

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Rep. Kelly M. Cassidy

Filed: 4/15/2026

 

 

 

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AMENDMENT TO HOUSE BILL 4075
AMENDMENT NO. ______. Amend House Bill 4075 by replacing
everything after the enacting clause with the following:
"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

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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

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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:

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(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

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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

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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

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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

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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

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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.

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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.)".