Illinois General Assembly

Previous General Assemblies

 Bill Status of HB3128  98th General Assembly


Short Description:  SEX ABUSER-END PARENT RIGHTS

House Sponsors
Rep. Ann Williams - Barbara Wheeler - Elgie R. Sims, Jr. - Dennis M. Reboletti - Jerry F. Costello, II, Michael J. Zalewski, Emanuel Chris Welch, Elaine Nekritz, Kelly M. Cassidy, Edward J. Acevedo, Jim Durkin, Elizabeth Hernandez, John M. Cabello, Ron Sandack, André M. Thapedi, Jay Hoffman, Pam Roth, Lou Lang, Daniel J. Burke, Natalie A. Manley, Kathleen Willis, Sam Yingling, Daniel V. Beiser, Kelly Burke, Derrick Smith, Frances Ann Hurley, Arthur Turner, Jack D. Franks, Keith Farnham, Carol A. Sente, Linda Chapa LaVia, Michael P. McAuliffe, Al Riley, Robyn Gabel, Maria Antonia Berrios, Cynthia Soto and John D'Amico

Senate Sponsors
(Sen. Don Harmon - Mattie Hunter - Kimberly A. Lightford - Jacqueline Y. Collins, Heather A. Steans, Melinda Bush and Michael E. Hastings)

Last Action
DateChamber Action
  8/16/2013HousePublic Act . . . . . . . . . 98-0476

Statutes Amended In Order of Appearance
New Act


Synopsis As Introduced
Creates the Termination of Parental Rights of Perpetrators of Sexual Assault Act. Provides that if a child was conceived as a result of an act of sexual assault, the parent who is the victim of the act of sexual assault may file a petition with the court to terminate the child's parent-child relationship with the alleged perpetrator of the act of sexual assault. Provides that a verified petition filed under the Act must contain specified allegations and be supported by a showing by clear and convincing evidence that the alleged perpetrator committed an act of sexual assault against the petitioner. Provides that the court shall terminate the parent-child relationship if the court finds: (i) by clear and convincing evidence, that the allegations in a petition filed under Act are true; and (ii) that termination of the parent-child relationship is in the best interest of the child. Provides that conception as a result of sexual assault may be proven by a final judgment of conviction of a an alleged parent of a child under the Act who has been convicted of or who has pled guilty or nolo contendere to a violation of Sections of the Criminal Code of 2012 concerning: criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault, criminal sexual abuse, aggravated criminal sexual abuse, sexual relations within families, or a similar statute in another jurisdiction, for his conduct in fathering that child.

House Committee Amendment No. 1
Deletes reference to:
New Act
Adds reference to:
750 ILCS 45/6.5

Replaces everything after the enacting clause. Amends the Illinois Parentage Act of 1984. Provides that a person is not entitled to custody of or visitation with a child without the consent of the child's mother or guardian if the person is found by clear and convincing evidence to have committed an act of non-consensual sexual penetration for his conduct in fathering that child and provides that the child's mother or guardian may decline support and maintenance obligations from such a father. Provides that a man who has fathered a child through sexual assault or sexual abuse is not entitled to any inheritance or other rights from the child without the consent of the child's mother or guardian. Provides that notwithstanding any provision of the Illinois Marriage and Dissolution of Marriage Act, the parent, grandparent, great-grandparent, or sibling of a man who has fathered a child through sexual assault or sexual abuse does not have standing to bring an action requesting custody or visitation with the child without the consent of the child's mother or guardian. Provides that the child's mother or guardian may file a petition under the new provisions either as an affirmative petition or as an affirmative defense in any proceeding filed by a man who has fathered a child through sexual assault or sexual abuse.

Actions 
DateChamber Action
  2/26/2013HouseFiled with the Clerk by Rep. Ann Williams
  2/26/2013HouseFirst Reading
  2/26/2013HouseReferred to Rules Committee
  3/1/2013HouseAdded Chief Co-Sponsor Rep. Barbara Wheeler
  3/1/2013HouseAdded Chief Co-Sponsor Rep. Elgie R. Sims, Jr.
  3/1/2013HouseAdded Co-Sponsor Rep. Michael J. Zalewski
  3/1/2013HouseAdded Co-Sponsor Rep. Emanuel Chris Welch
  3/1/2013HouseAdded Co-Sponsor Rep. Elaine Nekritz
  3/1/2013HouseAdded Co-Sponsor Rep. Kelly M. Cassidy
  3/1/2013HouseAdded Co-Sponsor Rep. Edward J. Acevedo
  3/1/2013HouseAdded Co-Sponsor Rep. Jim Durkin
  3/8/2013HouseAdded Co-Sponsor Rep. Elizabeth Hernandez
  3/11/2013HouseAssigned to Judiciary
  3/13/2013HouseAdded Co-Sponsor Rep. John M. Cabello
  3/14/2013HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Ann Williams
  3/14/2013HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/15/2013HouseAdded Co-Sponsor Rep. Ron Sandack
  3/15/2013HouseAdded Co-Sponsor Rep. André M. Thapedi
  3/15/2013HouseAdded Co-Sponsor Rep. Jay Hoffman
  3/18/2013HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary
  3/19/2013HouseAdded Chief Co-Sponsor Rep. Dennis M. Reboletti
  3/19/2013HouseAdded Chief Co-Sponsor Rep. Jerry F. Costello, II
  3/20/2013HouseHouse Committee Amendment No. 1 Adopted in Judiciary; by Voice Vote
  3/20/2013HouseDo Pass as Amended / Short Debate Judiciary; 016-000-000
  3/20/2013HousePlaced on Calendar 2nd Reading - Short Debate
  3/20/2013HouseAdded Co-Sponsor Rep. Pam Roth
  3/20/2013HouseAdded Co-Sponsor Rep. Lou Lang
  3/20/2013HouseAdded Co-Sponsor Rep. Daniel J. Burke
  3/20/2013HouseAdded Co-Sponsor Rep. Natalie A. Manley
  3/20/2013HouseAdded Co-Sponsor Rep. Kathleen Willis
  3/20/2013HouseAdded Co-Sponsor Rep. Sam Yingling
  3/20/2013HouseAdded Co-Sponsor Rep. Daniel V. Beiser
  3/20/2013HouseAdded Co-Sponsor Rep. Kelly Burke
  3/22/2013HouseAdded Co-Sponsor Rep. Derrick Smith
  4/8/2013HouseSecond Reading - Short Debate
  4/8/2013HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/9/2013HouseThird Reading - Short Debate - Passed 111-000-000
  4/9/2013HouseAdded Co-Sponsor Rep. Frances Ann Hurley
  4/9/2013HouseAdded Co-Sponsor Rep. Arthur Turner
  4/9/2013HouseAdded Co-Sponsor Rep. Jack D. Franks
  4/9/2013HouseAdded Co-Sponsor Rep. Keith Farnham
  4/9/2013HouseAdded Co-Sponsor Rep. Carol A. Sente
  4/9/2013HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  4/9/2013HouseAdded Co-Sponsor Rep. Michael P. McAuliffe
  4/9/2013HouseAdded Co-Sponsor Rep. Al Riley
  4/9/2013HouseAdded Co-Sponsor Rep. Robyn Gabel
  4/9/2013HouseAdded Co-Sponsor Rep. Maria Antonia Berrios
  4/9/2013HouseAdded Co-Sponsor Rep. Cynthia Soto
  4/9/2013HouseAdded Co-Sponsor Rep. John D'Amico
  4/10/2013SenateArrive in Senate
  4/10/2013SenatePlaced on Calendar Order of First Reading
  4/10/2013SenateChief Senate Sponsor Sen. Don Harmon
  4/10/2013SenateFirst Reading
  4/10/2013SenateReferred to Assignments
  4/11/2013SenateAdded as Alternate Co-Sponsor Sen. Heather A. Steans
  4/12/2013SenateAdded as Alternate Co-Sponsor Sen. Melinda Bush
  4/16/2013SenateAssigned to Judiciary
  4/30/2013SenateAdded as Alternate Co-Sponsor Sen. Michael E. Hastings
  5/1/2013SenateDo Pass Judiciary; 010-000-000
  5/1/2013SenatePlaced on Calendar Order of 2nd Reading May 2, 2013
  5/9/2013SenateAdded as Alternate Chief Co-Sponsor Sen. Mattie Hunter
  5/20/2013SenateSecond Reading
  5/20/2013SenatePlaced on Calendar Order of 3rd Reading May 21, 2013
  5/22/2013SenateAdded as Alternate Chief Co-Sponsor Sen. Kimberly A. Lightford
  5/22/2013SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  5/23/2013SenateThird Reading - Passed; 056-000-000
  5/23/2013HousePassed Both Houses
  6/19/2013HouseSent to the Governor
  8/16/2013HouseGovernor Approved
  8/16/2013HouseEffective Date January 1, 2014
  8/16/2013HousePublic Act . . . . . . . . . 98-0476

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