Bill Text: IL HB5644 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Illinois Marriage and Dissolution of Marriage Act. Requires proof that each party to the marriage has attained the age of 18 years in order to obtain a license to marry and a marriage certificate from the county clerk. Deletes language allowing proof that each party to the marriage will have attained the age of 18 years at the time the marriage license is effective or will have attained the age of 16 years and has either the consent to the marriage of both parents or his guardian or judicial approval. Makes corresponding changes. Repeals a provision regarding judicial approval of underage marriages. Effective immediately, except that specified provisions take effect 2 years after the amendatory Act becomes law.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-02-09 - Referred to Rules Committee [HB5644 Detail]

Download: Illinois-2023-HB5644-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5644 Introduced 2/9/2024, by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED:
750 ILCS 5/203 from Ch. 40, par. 203
750 ILCS 5/301 from Ch. 40, par. 301
750 ILCS 5/302 from Ch. 40, par. 302
750 ILCS 5/208 rep.
Amends the Illinois Marriage and Dissolution of Marriage Act. Requires proof that each party to the marriage has attained the age of 18 years in order to obtain a license to marry and a marriage certificate from the county clerk. Deletes language allowing proof that each party to the marriage will have attained the age of 18 years at the time the marriage license is effective or will have attained the age of 16 years and has either the consent to the marriage of both parents or his guardian or judicial approval. Makes corresponding changes. Repeals a provision regarding judicial approval of underage marriages. Effective immediately, except that specified provisions take effect 2 years after the amendatory Act becomes law.
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A BILL FOR
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Marriage and Dissolution of
Marriage Act is amended by changing Section 203 as follows:
(750 ILCS 5/203) (from Ch. 40, par. 203)
Sec. 203. License to Marry. When a marriage application
has been completed and signed by both parties to a prospective
marriage and both parties have appeared before the county
clerk and the marriage license fee has been paid, the county
clerk shall issue a license to marry and a marriage
certificate form upon being furnished:
(1) satisfactory proof that each party to the marriage
has will have attained the age of 18 years at the time the
marriage license is effective or will have attained the
age of 16 years and has either the consent to the marriage
of both parents or his guardian or judicial approval;
provided, if one parent cannot be located in order to
obtain such consent and diligent efforts have been made to
locate that parent by the consenting parent, then the
consent of one parent plus a signed affidavit by the
consenting parent which (i) names the absent parent and
states that he or she cannot be located, and (ii) states

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what diligent efforts have been made to locate the absent
parent, shall have the effect of both parents' consent for
purposes of this Section;
(2) satisfactory proof that the marriage is not
prohibited; and
(3) an affidavit or record as prescribed in
subparagraph (1) of Section 205 or a court order as
prescribed in subparagraph (2) of Section 205, if
applicable.
With each marriage license, the county clerk shall provide
a pamphlet describing the causes and effects of fetal alcohol
syndrome. At least annually, the county board shall submit to
the Illinois Department of Public Health a report as to the
county clerk's compliance with the requirement that the county
clerk provide a pamphlet with each marriage license. All
funding and production costs for the aforementioned
educational pamphlets for distribution to each county clerk
shall be provided by non-profit, non-sectarian statewide
programs that provide education, advocacy, support, and
prevention services pertaining to Fetal Alcohol Syndrome.
(Source: P.A. 96-1323, eff. 1-1-11.)
Section 10. The Illinois Marriage and Dissolution of
Marriage Act is amended by changing Sections 301 and 302 as
follows:

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(750 ILCS 5/301) (from Ch. 40, par. 301)
Sec. 301. Declaration of Invalidity - Grounds.) The court
shall enter its judgment declaring the invalidity of a
marriage (formerly known as annulment) entered into under the
following circumstances:
(1) a party lacked capacity to consent to the marriage at
the time the marriage was solemnized, either because of mental
incapacity or infirmity or because of the influence of
alcohol, drugs or other incapacitating substances, or a party
was induced to enter into a marriage by force or duress or by
fraud involving the essentials of marriage;
(2) a party lacks the physical capacity to consummate the
marriage by sexual intercourse and at the time the marriage
was solemnized the other party did not know of the incapacity;
(3) (blank) a party was aged 16 or 17 years and did not
have the consent of his parents or guardian or judicial
approval; or
(4) the marriage is prohibited.
(Source: P.A. 80-923.)
(750 ILCS 5/302) (from Ch. 40, par. 302)
Sec. 302. Time of Commencement.) (a) A declaration of
invalidity under paragraph paragraphs (1) or (2) through (3)
of Section 301 may be sought by any of the following persons
and must be commenced within the times specified:
(1) for any of the reasons set forth in paragraph (1) of

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Section 301, by either party or by the legal representative of
the party who lacked capacity to consent, no later than 90 days
after the petitioner obtained knowledge of the described
condition;
(2) for the reason set forth in paragraph (2) of Section
301, by either party, no later than one year after the
petitioner obtained knowledge of the described condition;
(3) (blank) for the reason set forth in paragraph (3) of
Section 301, by the underaged party, his parent or guardian,
prior to the time the underaged party reaches the age at which
he could have married without needing to satisfy the omitted
requirement.
(b) In no event may a declaration of invalidity of
marriage be sought after the death of either party to the
marriage under paragraph subsections (1) or , (2) and (3) of
Section 301.
(c) A declaration of invalidity for the reason set forth
in paragraph (4) of Section 301 may be sought by either party,
the legal spouse in case of a bigamous marriage, the State's
Attorney or a child of either party, at any time not to exceed
3 years following the death of the first party to die.
(Source: P.A. 80-923.)
(750 ILCS 5/208 rep.)
Section 15. The Illinois Marriage and Dissolution of
Marriage Act is amended by repealing Section 208.

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