summary
Introduced
02/06/2025
02/06/2025
In Committee
03/21/2025
03/21/2025
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill Summary
Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that, upon motion, a court may order that a court file, pleadings, or portions of the court file that are filed under the Act be placed under seal if the court finds that the action or portions of the court file are sufficiently without a basis in fact or law. Provides that this may include, but not be limited to, a lack of jurisdiction or that placing the court file or portions of it under seal is in the interests of justice, and that those interests are not outweighed by the public's interest in the court file. Provides that nothing in the Act allows for the sealing of the court file or any portion of the court file pertaining to whether any order of protection has previously been entered in the proceeding or any other proceeding in which any party, or a child of any party, or both, if relevant, has been designated as either a petitioner, respondent, or protected person. Provides that nothing in the Act allows for or may interfere with the payment of child support, income withholding for support, or the reporting of an entry of an order for support.
AI Summary
This bill amends the Illinois Marriage and Dissolution of Marriage Act (IMDMA) by adding a new section that allows courts to seal certain court files related to marriage dissolution, legal separation, or marriage invalidity proceedings. Under the proposed legislation, a court may order a court file or portions of a file to be sealed if the judge determines that the legal action lacks a substantive basis in fact or law. The motion to seal can be based on grounds such as jurisdictional issues or when sealing would serve the interests of justice, provided that these interests are not outweighed by the public's right to access the court records. Importantly, the bill explicitly prohibits sealing any portions of a court file that relate to previous orders of protection, ensuring transparency in matters of personal safety. The proposed law aims to provide a mechanism for protecting sensitive legal documents while maintaining critical safeguards for vulnerable parties, particularly in cases involving potential domestic violence or protective orders. By allowing selective sealing of court files, the bill seeks to balance individual privacy concerns with the principle of open judicial proceedings.
Committee Categories
Justice
Sponsors (1)
Last Action
Rule 19(a) / Re-referred to Rules Committee (on 03/21/2025)
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.ilga.gov/legislation/BillStatus.asp?DocNum=3002&GAID=18&DocTypeID=HB&SessionID=114&GA=104 |
| BillText | https://www.ilga.gov/legislation/104/HB/10400HB3002.htm |
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