Public Act 096-0675
 		





HB2266 Enrolled
LRB096 10590 RLC 20762 b






    AN ACT concerning children.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:



 
    Section 5. The Criminal Code of 1961 is amended  by changing 
Section 10-5.5 as follows:
 



    (720 ILCS 5/10-5.5)



    Sec. 10-5.5. Unlawful visitation or parenting time 
interference. 

    (a) As used in this Section,
the terms
"child", "detain", 
and "lawful custodian" shall have the meanings ascribed
to them 
in Section 10-5 of this Code.

    (b) Every person who, in violation of the visitation, 
parenting time, or custody time
provisions of a court order 
relating to child custody, detains
or conceals a child with the 
intent to deprive another person of his or her
rights
to 
visitation, parenting time, or custody time shall be guilty of 
unlawful
visitation or parenting time interference.

    (c) A person committing unlawful visitation or parenting 
time interference is
guilty of a petty offense.  However, any 
person violating this Section after
2 prior convictions of 
unlawful visitation interference or unlawful visitation or 
parenting time interference is guilty
of a Class A misdemeanor.

    (d) Any law enforcement officer who has probable cause to 
believe that
a person has committed or is committing an act in 
violation of this Section
shall issue to that person a notice 
to appear.

    (e) The notice shall:


        (1) be in writing;


        (2) state the name of the person and his address, if 
    known;


        (3) set forth the nature of the offense;


        (4) be signed by the officer issuing the notice; and


        (5) request the person to appear before a court at a 
    certain time and
place.

    (f) Upon failure of the person to appear, a summons or 
warrant of arrest may
be issued.

    (g) It is an affirmative defense that:


        (1) a person or lawful custodian committed the act to 
    protect the child
from imminent physical harm, provided 
    that the defendant's belief that
there was physical harm

    imminent was reasonable and that the defendant's conduct in 
    withholding
visitation rights, parenting time, or custody 
    time was a reasonable response to the harm believed 
    imminent;


        (2) the act was committed with the mutual consent of 
    all parties having a
right to custody and visitation of the 
    child or parenting time with the child; or


        (3) the act was otherwise authorized by law.

    (h) A person convicted of unlawful visitation or parenting 
time interference shall not be
subject to a civil contempt 
citation for the same conduct for violating
visitation, 
parenting time, or custody time provisions of a
court order 
issued under the Illinois Marriage and Dissolution of Marriage

Act.

(Source: P.A. 88-96.)


 
    Section 10. The Illinois Marriage and Dissolution of 
Marriage Act is amended  by changing Section 607.1 as follows:
 



    (750 ILCS 5/607.1)  (from Ch. 40, par. 607.1)


    Sec. 607.1. Enforcement of visitation orders; visitation 
abuse. 

    (a) The circuit court shall provide an expedited procedure 
for
enforcement of court ordered visitation in cases of 
visitation abuse.
Visitation abuse occurs when a party has 
willfully and without
justification: (1) denied another party 
visitation as set forth by the
court; or (2) exercised his or 
her visitation rights in a manner
that is harmful to the child 
or child's custodian.

    (b) An Action may be commenced by filing a petition setting 
forth: (i)
the petitioner's name, residence address or mailing 
address, and telephone
number; (ii) respondent's name and place 
of residence, place of employment,
or mailing address; (iii) 
the nature of the visitation abuse, giving dates
and other 
relevant information; (iv) that a reasonable attempt was made 
to
resolve the dispute; and (v) the relief sought.

    Notice of the filing of the petitions shall be given as 
provided
in Section 511.

    (c) After hearing all of the evidence, the court may order 
one or more of
the following:


        (1) Modification of the visitation order to 
    specifically outline periods
of visitation or restrict 
    visitation as provided by law.


        (2) Supervised visitation with a third party or public 
    agency.


        (3) Make up visitation of the same time period, such as 
    weekend for
weekend, holiday for holiday.


        (4) Counseling or mediation, except in cases where 
    there is
evidence of domestic violence, as defined in 
    Section 1 of the  Domestic
Violence Shelters Act, occurring 
    between the parties.


        (5) Other appropriate relief deemed equitable.

    (d) Nothing contained in this Section shall be construed to 
limit the
court's contempt power, except as provided in 
subsection (g) of this
Section.

    (e) When the court issues an order holding a party in 
contempt of court
for violation of a visitation order, the 
clerk shall transmit a copy of
the contempt order to the 
sheriff of the county.  The sheriff shall furnish
a copy of each 
contempt order to the Department of State Police on a daily

basis in the form and manner required by the Department.  The 
Department
shall maintain a complete record and index of the 
contempt orders and make
this data available to all local law 
enforcement agencies.

    (f) Attorney fees and costs shall be assessed against a 
party if the
court finds that the enforcement action is 
vexatious and constitutes
harassment.

    (g) A person convicted of unlawful visitation or parenting 
time interference under Section
10-5.5 of the Criminal Code of 
1961 shall not be subject to the provisions of
this Section and 
the court may not enter a contempt order for visitation abuse

against any person for the same conduct for which the person 
was convicted of
unlawful visitation interference or subject

that
person to the sanctions provided for in this Section.

(Source: P.A. 87-895; 88-96.)



 
    Section 99. Effective date. This Act takes effect upon 
becoming law.