Bill Status of HB 2290   96th General Assembly

Short Description:  PROBATE-WARD STERILIZATION

House Sponsors
Rep. Kathleen A. Ryg-JoAnn D. Osmond-Lou Lang-Barbara Flynn Currie-Sidney H. Mathias, Esther Golar, Linda Chapa LaVia, Michael J. Zalewski, Elizabeth Coulson, Julie Hamos and Al Riley

Senate Sponsors
(Sen. Heather Steans-Michael Noland-Pamela J. Althoff and Matt Murphy)


Last Action  View All Actions

DateChamber Action
  8/11/2009HousePublic Act . . . . . . . . . 96-0272

Statutes Amended In Order of Appearance
755 ILCS 5/11a-17.1 new

Synopsis As Introduced
Amends the Probate Act of 1975. Provides that a guardian shall not consent to a ward's sterilization without a court order, but a court order is not required if a procedure is medically necessary to preserve the ward's life or prevent a serious impairment even though it may result in sterilization. Provides that if the motion of a guardian seeking to consent to a ward's sterilization shows that sterilization is warranted, the court shall appoint a guardian ad litem, who shall be an attorney or a qualified disabilities or mental illness advocate. Provides that the court may appoint counsel for the ward, and shall do so upon the ward's request, if the ward objects to sterilization, or the ward's position is adverse to the guardian ad litem. Provides that the court shall advise the ward of his or her right to appointed counsel. Provides for a medical and psychological evaluation to assess the ward's capacity concerning sterilization. Provides that the court shall determine if the ward has the capacity to consent to sterilization by considering whether the ward is able to understand the relationship between sexual activity and reproduction; reproduction consequences; and sterilization. Provides that the ward shall not be deemed to lack capacity solely on the basis of a disability. Provides that if the court finds that the ward has capacity to consent, and the ward objects or consents, the court shall enter an order based on the ward's decision. If the court finds that the ward does not have capacity and has no clear desire for sterilization, the court shall apply standards. Provides that those standards include that the court shall not authorize sterilization unless the court clearly finds that the ward lacks decisional capacity, is fertile, and capable of procreation; the benefits outweigh the harm; less intrusive alternatives were considered; and sterilization is in the ward's best interest, considering trauma or psychological damage if he or she had a child. Provides that the court shall consider if the ward is sexually active, the ability of the ward to understand reproduction and contraception, and other factors relative to the ward's best interest. Includes other provisions.

Actions 
DateChamber Action
  2/18/2009HouseFiled with the Clerk by Rep. Kathleen A. Ryg
  2/18/2009HouseFirst Reading
  2/18/2009HouseReferred to Rules Committee
  2/23/2009HouseAssigned to Judiciary I - Civil Law Committee
  2/24/2009HouseAdded Chief Co-Sponsor Rep. JoAnn D. Osmond
  2/26/2009HouseAdded Chief Co-Sponsor Rep. Lou Lang
  2/26/2009HouseAdded Chief Co-Sponsor Rep. Barbara Flynn Currie
  3/3/2009HouseAdded Chief Co-Sponsor Rep. Sidney H. Mathias
  3/4/2009HouseAdded Co-Sponsor Rep. Esther Golar
  3/4/2009HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  3/11/2009HouseDo Pass / Short Debate Judiciary I - Civil Law Committee; 017-000-000
  3/11/2009HousePlaced on Calendar 2nd Reading - Short Debate
  3/16/2009HouseAdded Co-Sponsor Rep. Michael J. Zalewski
  3/17/2009HouseSecond Reading - Short Debate
  3/17/2009HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/24/2009HouseAdded Co-Sponsor Rep. Elizabeth Coulson
  3/26/2009HouseAdded Co-Sponsor Rep. Julie Hamos
  3/26/2009HouseAdded Co-Sponsor Rep. Al Riley
  3/26/2009HouseThird Reading - Short Debate - Passed 111-001-001
  3/30/2009SenateArrive in Senate
  3/30/2009SenatePlaced on Calendar Order of First Reading
  3/30/2009SenateChief Senate Sponsor Sen. Heather Steans
  3/30/2009SenateFirst Reading
  3/30/2009SenateReferred to Assignments
  4/22/2009SenateAssigned to Judiciary
  4/23/2009SenateAdded as Alternate Chief Co-Sponsor Sen. Michael Noland
  4/29/2009SenatePostponed - Judiciary
  4/30/2009SenateAdded as Alternate Chief Co-Sponsor Sen. Pamela J. Althoff
  5/4/2009SenateAdded as Alternate Co-Sponsor Sen. Matt Murphy
  5/6/2009SenateDo Pass Judiciary; 010-000-000
  5/6/2009SenatePlaced on Calendar Order of 2nd Reading May 7, 2009
  5/14/2009SenateSecond Reading
  5/14/2009SenatePlaced on Calendar Order of 3rd Reading May 15, 2009
  5/15/2009SenateThird Reading - Passed; 050-000-000
  5/15/2009HousePassed Both Houses
  6/12/2009HouseSent to the Governor
  8/11/2009HouseGovernor Approved
  8/11/2009HouseEffective Date January 1, 2010
  8/11/2009HousePublic Act . . . . . . . . . 96-0272

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