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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2161
Introduced 2/14/2008, by Sen. William R. Haine SYNOPSIS AS INTRODUCED:
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750 ILCS 5/207 |
from Ch. 40, par. 207 |
750 ILCS 5/209 |
from Ch. 40, par. 209 |
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Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that an otherwise valid marriage shall not be invalidated because the marriage was inadvertently solemnized in an Illinois county other than the county where the license was issued. Provides that the solemnization of a marriage is not invalidated by the fact that the marriage was solemnized in another county than where the license was issued. Effective January 1, 2009.
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A BILL FOR
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SB2161 |
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LRB095 16297 AJO 42317 b |
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Marriage and Dissolution of |
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| Marriage Act is amended by changing Sections 207 and 209 as |
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| follows:
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| (750 ILCS 5/207) (from Ch. 40, par. 207)
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| Sec. 207. Effective Date of License.) A license to marry |
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| becomes
effective in the county where it was issued one day |
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| after the date of
issuance, unless the court orders that the |
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| license is effective when
issued, and expires 60 days after it |
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| becomes effective, provided that the marriage is not |
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| invalidated by the fact that the marriage was inadvertently |
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| solemnized in a county in Illinois other than the county where |
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| the license was issued.
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| (Source: P.A. 81-397.)
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| (750 ILCS 5/209) (from Ch. 40, par. 209)
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| Sec. 209. Solemnization and Registration.)
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| (a) A marriage may be solemnized by a judge of a court of |
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| record, by a
retired judge of a court of record, unless the |
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| retired judge was removed from
office by the Judicial Inquiry |
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| Board, except that a retired judge shall not
receive any |
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SB2161 |
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LRB095 16297 AJO 42317 b |
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| compensation from the State, a county or any unit of local
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| government in return for the solemnization of a marriage and |
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| there shall be no
effect upon any pension benefits conferred by |
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| the Judges Retirement System of
Illinois, by a judge of the |
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| Court of Claims, by a county clerk in counties
having 2,000,000 |
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| or more inhabitants, by a public official whose powers include
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| solemnization of marriages, or in accordance with the |
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| prescriptions of any
religious denomination, Indian Nation or |
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| Tribe or Native Group, provided that
when such prescriptions |
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| require an officiant, the officiant be in good standing
with |
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| his religious denomination, Indian Nation or Tribe or Native |
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| Group.
Either the person solemnizing the marriage, or, if no |
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| individual acting alone
solemnized the marriage, both parties |
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| to the marriage, shall complete the
marriage certificate form |
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| and forward it to the county clerk within 10 days
after such |
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| marriage is solemnized.
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| (b) The solemnization of the marriage is not invalidated by |
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| the
fact that the person solemnizing the marriage was not |
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| legally qualified
to solemnize it, if either party to the |
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| marriage believed him to be so
qualified or by the fact that |
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| the marriage was inadvertently solemnized in a county in |
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| Illinois other than the county where the license was issued.
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| (Source: P.A. 87-1261.)
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| Section 99. Effective date. This Act takes effect January |
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| 1, 2009.
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