NAME CHANGE-PUB CHANGES-FEES

Session: 103rd General Assembly
Year: 2024
Bill #: HB5164
Category: Courts
Position: No position
Mandate?
Revenue Loss? Yes
Authority Preemption?

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Summary as Introduced

Amends the Clerks of the Court Act. Provides that filing fees for a petition for change name may not exceed $25, and the court may waive this fee for good cause shown. Amends Name Change Article of the Code of Civil Procedure. Deletes the requirement that a petitioner must reside in this State for 6 months before the petitioner may file a petition under this Article. Allows a petitioner to request that the court file be impounded if public disclosure may be a hardship and have a negative impact on the petitioner's health or safety to include, but not be limited to, if the person is transgender, an adoptee, a survivor of domestic or intimate partner abuse, a survivor of gender-based violence, a survivor of human trafficking, a refugee, has been granted special immigrant status by the United States Citizenship and Immigration Service, or has been granted asylum in this country. The petitioner may attach to the statement any supporting documents including relevant court orders. Allows the petitioner to request that his or her address be omitted from court documents if it would put the petitioner or petitioner's family at risk. Repeals the requirements to publish a notice of a petition to change a name.

Staff Analysis

Replaces everything after the enacting clause and reinserts provisions amending the name change provisions of the Code of Civil Procedure with these changes. Authorizes a person to file a petition to assume another name if the person has resided in this State for 3 months at the time of the name change hearing or entry of an order granting the name change. Deletes any changes to the Clerks of the Courts Act. Deletes provisions declaring that it is not the unauthorized practice of law for certain advocates to provide assistance in the preparation of a petition for change.



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