|
|
Sen. Iris Y. Martinez
Filed: 4/29/2009
|
|
09600HB2266sam001 |
|
LRB096 10590 RLC 25843 a |
|
|
| 1 |
| AMENDMENT TO HOUSE BILL 2266
|
| 2 |
| AMENDMENT NO. ______. Amend House Bill 2266 by replacing |
| 3 |
| lines 6 through 23 on page 1, all of page 2, and lines 1 through |
| 4 |
| 6 on page 3 with the following:
|
| 5 |
| "(720 ILCS 5/10-5.5)
|
| 6 |
| Sec. 10-5.5. Unlawful visitation or parenting time |
| 7 |
| interference.
|
| 8 |
| (a) As used in this Section,
the terms
"child", "detain", |
| 9 |
| and "lawful custodian" shall have the meanings ascribed
to them |
| 10 |
| in Section 10-5 of this Code.
|
| 11 |
| (b) Every person who, in violation of the visitation, |
| 12 |
| parenting time, or custody time
provisions of a court order |
| 13 |
| relating to child custody, detains
or conceals a child with the |
| 14 |
| intent to deprive another person of his or her
rights
to |
| 15 |
| visitation, parenting time, or custody time shall be guilty of |
| 16 |
| unlawful
visitation or parenting time interference.
|
| 17 |
| (c) A person committing unlawful visitation or parenting |
|
|
|
09600HB2266sam001 |
- 2 - |
LRB096 10590 RLC 25843 a |
|
|
| 1 |
| time interference is
guilty of a petty offense. However, any |
| 2 |
| person violating this Section after
2 prior convictions of |
| 3 |
| unlawful visitation interference or unlawful visitation or |
| 4 |
| parenting time interference is guilty
of a Class A misdemeanor.
|
| 5 |
| (d) Any law enforcement officer who has probable cause to |
| 6 |
| believe that
a person has committed or is committing an act in |
| 7 |
| violation of this Section
shall issue to that person a notice |
| 8 |
| to appear.
|
| 9 |
| (e) The notice shall:
|
| 10 |
| (1) be in writing;
|
| 11 |
| (2) state the name of the person and his address, if |
| 12 |
| known;
|
| 13 |
| (3) set forth the nature of the offense;
|
| 14 |
| (4) be signed by the officer issuing the notice; and
|
| 15 |
| (5) request the person to appear before a court at a |
| 16 |
| certain time and
place.
|
| 17 |
| (f) Upon failure of the person to appear, a summons or |
| 18 |
| warrant of arrest may
be issued.
|
| 19 |
| (g) It is an affirmative defense that:
|
| 20 |
| (1) a person or lawful custodian committed the act to |
| 21 |
| protect the child
from imminent physical harm, provided |
| 22 |
| that the defendant's belief that
there was physical harm
|
| 23 |
| imminent was reasonable and that the defendant's conduct in |
| 24 |
| withholding
visitation rights, parenting time, or custody |
| 25 |
| time was a reasonable response to the harm believed |
| 26 |
| imminent;
|
|
|
|
09600HB2266sam001 |
- 3 - |
LRB096 10590 RLC 25843 a |
|
|
| 1 |
| (2) the act was committed with the mutual consent of |
| 2 |
| all parties having a
right to custody and visitation of the |
| 3 |
| child or parenting time with the child; or
|
| 4 |
| (3) the act was otherwise authorized by law.
|
| 5 |
| (h) A person convicted of unlawful visitation or parenting |
| 6 |
| time interference shall not be
subject to a civil contempt |
| 7 |
| citation for the same conduct for violating
visitation, |
| 8 |
| parenting time, or custody time provisions of a
court order |
| 9 |
| issued under the Illinois Marriage and Dissolution of Marriage
|
| 10 |
| Act.
|
| 11 |
| (Source: P.A. 88-96.)"; and
|
| 12 |
| on page 5, lines 7 and 8, by replacing "parenting time |
| 13 |
| visitation" with "visitation or parenting time".
|