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HB 3002

Relating to the safeguarding of privileged information granted to the Commissioner of Agriculture

2025 Regular Session Introduced by Wayne Clark

Allows courts to seal dissolution/invalidity files on motion if filings are baseless, balancing justice with public access; excludes protection orders and child-support records from sealing.

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Bill Summary · HB 3002

Summary — HB 3002 (104th General Assembly)

Title: Relating to demographic data; prescribing an effective date.
Primary sponsor: Rep. Norine K. Hammond
Statute amended: Illinois Marriage and Dissolution of Marriage Act — adds Section 108 (750 ILCS 5/108 new)
Status (most recent): In committee upon adjournment (6/28/2025)

Main purpose

HB 3002 would authorize Illinois courts to place court files (or portions of them) from proceedings under the Illinois Marriage and Dissolution of Marriage Act — i.e., dissolution of marriage, legal separation, or declaration of invalidity of marriage — under seal upon motion, when the court finds the action or portions of the file are “sufficiently without a basis in fact or law” or when sealing is otherwise in the interests of justice and those interests outweigh the public’s interest in access.

Key provisions

  • Adds new Section 108 to 750 ILCS 5 (Marriage & Dissolution of Marriage Act).
  • Defines “court file” as files created in dissolution, separation, or invalidity proceedings.
  • Permits a court, on motion, to seal a court file (or parts such as pleadings) if it finds the action or portions are sufficiently without factual or legal basis; explicitly includes lack of jurisdiction or other interests of justice as possible grounds.
  • Requires the court to balance sealing against the public’s interest in access and to seal only when the interests of justice outweigh the public interest.
  • Explicit exceptions:
    • Prohibits sealing any portion of a file that pertains to whether an order of protection has previously been entered in the proceeding or in any other proceeding in which a party or a child of a party was designated as petitioner, respondent, or protected person.
    • Prohibits sealing that would interfere with child support payment, income withholding for support, or reporting the entry of an order for support.

Who is affected

  • Parties to dissolution of marriage, legal separation, or invalidity proceedings who may seek to seal filings that a court deems frivolous, jurisdictionally defective, or otherwise warrant sealing in the interests of justice.
  • Courts (judicial discretion in sealing decisions).
  • Third parties who rely on public court records (journalists, researchers, employers, agencies) — subject to the bill’s exceptions for orders of protection and child-support-related records.

Procedure and timeline (legislative actions)

  • Filed/first read: February 2025 (filed Feb. 6 per bill text; listed Feb. 19 in bill header metadata).
  • Referred through multiple committees (Rules; Judiciary — Civil; Constitutional & Family Law Subcommittee; Pensions, Investments & Financial Services).
  • Public hearing: May 5, 2025 (testimony taken); left pending in committee that date.
  • Status as of 6/28/2025: In committee upon adjournment.

Notes and potential impacts

  • The bill creates a discretionary, motion-driven sealing mechanism — not an automatic sealing rule.
  • Aims to provide a remedy for filings that courts find frivolous or legally baseless while preserving public access where safety (orders of protection) and child-support enforcement are implicated.
  • Absent in the provided text: a specific effective date (title references prescribing an effective date, but the excerpt does not show one).

Compiled from official sources — confirm details with the bill’s official record.

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