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| Public Act 098-0476 | ||||
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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 Parentage Act of 1984 is amended by | ||||
changing Section 6.5 as follows: | ||||
(750 ILCS 45/6.5) | ||||
Sec. 6.5. Custody or visitation by sex offender prohibited | ||||
to men who father through sexual assault or sexual abuse.
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(a) This Section applies to a person who has been found to | ||||
be the father of a child under this Act and who: | ||||
(1) has been convicted of or who has pled guilty or | ||||
nolo contendere to a violation of Section 11-1.20 (criminal | ||||
sexual assault), Section 11-1.30 (aggravated criminal | ||||
sexual assault), Section 11-1.40 (predatory criminal | ||||
sexual assault of a child), Section 11-1.50 (criminal | ||||
sexual abuse), Section 11-1.60 (aggravated criminal sexual | ||||
abuse), Section 11-11 (sexual relations within families), | ||||
Section 12-13 (criminal sexual assault), Section 12-14 | ||||
(aggravated criminal sexual assault), Section 12-14.1 | ||||
(predatory criminal sexual assault of a child), Section | ||||
12-15 (criminal sexual abuse), or Section 12-16 | ||||
(aggravated criminal sexual abuse) of the Criminal Code of | ||||
1961 or the Criminal Code of 2012, or a similar statute in | ||||
another jurisdiction, for his conduct in fathering that | ||
child; or . | ||
(2) at a fact-finding hearing, is found by clear and | ||
convincing evidence to have committed an act of | ||
non-consensual sexual penetration for his conduct in | ||
fathering that child. | ||
(b) A person described in subsection (a) shall not be | ||
entitled to custody of or visitation with that child without | ||
the consent of the child's mother or guardian. If the person | ||
described in subsection (a) is also the guardian of the child, | ||
he does not have the authority to consent to visitation or | ||
custody under this Section. If the mother of the child is a | ||
minor, and the person described in subsection (a) is also the | ||
father or guardian of the mother, then he does not have the | ||
authority to consent to custody or visits. | ||
(c) Notwithstanding any other provision of this Act, | ||
nothing in this Section shall be construed to relieve the | ||
father described in subsection (a) of any support and | ||
maintenance obligations to the child under this Act. The | ||
child's mother or guardian may decline support and maintenance | ||
obligations from the father. | ||
(d) Notwithstanding any other provision of law, the father | ||
described in subsection (a) of this Section is not entitled to | ||
any inheritance or other rights from the child without the | ||
consent of the child's mother or guardian.
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(e) Notwithstanding any provision of the Illinois Marriage | ||
and Dissolution of Marriage Act, the parent, grandparent, | ||
great-grandparent, or sibling of the person described in | ||
subsection (a) of this Section 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. | ||
(f) A petition under this Section may be filed by the | ||
child's mother or guardian either as an affirmative petition in | ||
circuit court or as an affirmative defense in any proceeding | ||
filed by the person described in subsection (a) of this Section | ||
regarding the child. | ||
(Source: P.A. 96-1551, eff. 7-1-11; 97-568, eff. 8-25-11; | ||
97-1150, eff. 1-25-13.)
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