Illinois
Illinois lawmakers ease requirements for those seeking to change their name
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SPRINGFIELD – A measure awaiting Gov. JB Pritzker’s signature will help protect transgender people and victims of domestic violence who seek to change their names, according to its proponents.
The bill repeals a requirement that those seeking a name change publish a notice in a local newspaper.
It also allows those seeking a name change to ask the court to “impound” the related court documents. That procedure means the records would not be publicly accessible. It’s similar to, although less restrictive than, “sealing” court documents.
Impoundment is available to anyone who self-attests that public disclosure would “be a hardship and have a negative impact on the person’s health or safety.” The bill lays out several categories of people that could apply for impoundment, including trans people, adoptees, survivors of domestic abuse and human trafficking, refugees and others.
“We are forcing survivors of domestic violence, of human trafficking, people who are trans to out themselves for what?” bill sponsor state Rep. Kevin Olickal, D-Chicago, said Tuesday. “It doesn’t serve a public safety purpose. It only seeks to serve predators and violent extremists who want to find victims, track them down. People want to live in peace. This bill is about privacy and protection.”
House Bill 5164 passed the state Senate 33-16 on Sunday and passed the House 71-38 two days later. The bill still needs a signature from the governor to become law, but if approved, it will go into effect on March 1.
The bill was an initiative of Equality Illinois, Planned Parenthood, the Coalition Against Sexual Assault and the Coalition Against Domestic Violence, according to bill sponsor state Sen. Ram Villivalam, D-Chicago.
Mike Ziri, the public policy director for Equality Illinois, said his organization “regularly” hears from transgender people in Illinois who fear publishing details about their name change.
“In fact, having to publish your name change in a newspaper creates a public list of trans people and puts them at real risk for harassment and harm,” Ziri said in a statement after the bill passed. “We know this bill will help people and is consistent with our state’s values of equality and the freedom to live our lives without harassment or harm.”
The bill also reduces the residency requirement for changing one’s name from six months to three.
The lowered requirement will make it easier for people moving to Illinois from “states that have hostile, dangerous, and discriminatory laws,” said Avi Rudnick, director of legal services at Transformative Justice Law Project of Illinois, which helps transgender people change their names.
Other proponents say that name changes can be a way for individuals to either protect themselves or move on from domestic violence situations.
Under current law, when someone changes their name due to marriage or divorce, they do not have to publish a notice in a newspaper.
Republicans cited concerns over how the process could be used by immigrants or criminals. State Sen. Steve McClure, R-Springfield, said the bill did not contain strong enough language to prevent the possibility of “whitewashing of criminal backgrounds.”
State Sen. Sue Rezin, R-Morris, criticized the fact that the law only requires “self-attestation” to demonstrate that name change records should be impounded. That process allows individuals to self-attest to hardships and says they may – but are not required to – submit documentation.
“This allows for extraordinary potential to abuse the system and manipulate the process and evade federal immigration authorities,” Rezin said.
Villivalam rebutted several of those arguments Sunday, noting that criminal records and debts are tracked through means other than names, such as social security numbers, tax identification numbers and fingerprints.
The measure also requires courts to notify the Illinois State Police of name changes. ISP must then “update any criminal history transcript or offender registration” to include the new and former name of anyone with a criminal history who is older than 18.
Capitol News Illinois is a nonprofit, nonpartisan news service that distributes state government coverage to hundreds of news outlets statewide. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation.
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Combined state and federal taxes would take more than 50% of the top-end income for 22,000 Illinois small businesses.
Proposals in the Illinois General Assembly could slam massive tax hikes onto small businesses, the state’s primary job creator historically and in the recovery from the COVID-19 downturn.
One measure would punish 22,020 Illinois small businesses with a huge increase in their marginal state income tax rate and create a top tax rate of nearly 50.3% for them, once all state and federal income taxes are factored in.
S-corporations and partnerships, which “pass-through” their business income to their owners, who pay taxes as individuals, would see their top marginal state income tax rate jump from 4.95% to 7.95%, a 61% hike.
That would happen because the legislation, House Joint Resolution Constitutional Amendment 21, adds a 3% income tax on income above $1 million. It is scheduled for a hearing April 23 at which it could pass out of committee and go to a potential full House vote.
Research has shown that an increase in the top marginal tax rate is associated with a decrease in entrepreneurs’ hiring activity and lower wages for their employees.
Illinois has one of the highest unemployment rates in the nation and among the slowest wage growth. These are exacerbated by some of the highest state and local tax burdens in the nation, including the second-highest property taxes and eighth-highest sales taxes.
In 2017 Illinois residents endured the largest permanent income tax hike in state history, when lawmakers increased the rate by 32%, from 3.75% to 4.95%.
Illinois already pushes out more businesses than virtually any other state. The “millionaire’s tax” could make the situation even worse. Illinoisans should reject this call for higher taxes on the state’s vital small business community.
Contact your state representative to stop the small business tax hike here.
SYCAMORE, Ill. – A Sycamore mother said she is still waiting for justice more than two years after her teenage son was stabbed to death.
The case is back in court this week, where a judge will consider a key request that could change how the case moves forward.
What we know:
A mother said her son’s life was cut short during a confrontation that turned deadly.
Heather Gerken said her 17-year-old son, Kaleb McCall, was stabbed during an incident in September 2023. She said Kaleb agreed to meet another teen for what he believed would be a fist fight while sticking up for a friend.
According to Gerken, the other teen, who was 15 at the time, pulled a knife and stabbed Kaleb in the chest. Kaleb later died from his injuries.
Gerken said a jury later found that teen guilty of second-degree murder after the defense argued he acted in self-defense.
Dig deeper:
The case is not over.
Gerken says the defendant’s attorneys are now trying to move the case out of adult court and into juvenile court. That decision could impact how the teen is ultimately sentenced.
What they’re saying:
Gerken said the legal process has been long and frustrating.
She said the case has stretched on for more than two and a half years and that ongoing court proceedings have made it difficult for her to grieve her son.
“He was everybody’s big brother,” Gerken said. “He had the biggest smile and the sweetest personality. He enjoyed fishing and being outside, and he was the best gift giver. He always got me flowers for every little holiday. Just a very thoughtful boy.”
Gerken also said the possibility of the case moving to juvenile court is especially upsetting, as she continues to push for what she believes is justice for her son.
“I don’t want anybody else’s child to die the way that my son died,” Gerken said. “Caleb is my whole world. I gave birth to him at 17 and he changed my life completely. He made me a better person. He taught me what real love truly is…And I just miss him so much more every day. And just knowing that he died the way he did. It makes me sick.”
What’s next:
The case returns to court Thursday morning.
A judge is expected to determine whether the case remains in adult court or is moved to juvenile court, a decision that could shape what happens next in the case.
The Source: The information in this article was reported by FOX Chicago’s Lauren Scafidi.
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