Sen. Iris Y. Martinez
Filed: 4/29/2009
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| 1 | AMENDMENT TO HOUSE BILL 2266
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| 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:
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| 5 | "(720 ILCS 5/10-5.5)
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| 6 | Sec. 10-5.5. Unlawful visitation or parenting time | ||||||
| 7 | interference.
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| 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.
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| 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.
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| 17 | (c) A person committing unlawful visitation or parenting | ||||||
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| 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.
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| 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.
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| 9 | (e) The notice shall:
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| 10 | (1) be in writing;
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| 11 | (2) state the name of the person and his address, if | ||||||
| 12 | known;
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| 13 | (3) set forth the nature of the offense;
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| 14 | (4) be signed by the officer issuing the notice; and
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| 15 | (5) request the person to appear before a court at a | ||||||
| 16 | certain time and
place.
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| 17 | (f) Upon failure of the person to appear, a summons or | ||||||
| 18 | warrant of arrest may
be issued.
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| 19 | (g) It is an affirmative defense that:
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| 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
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| 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;
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| 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
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| 4 | (3) the act was otherwise authorized by law.
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| 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
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| 10 | Act.
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| 11 | (Source: P.A. 88-96.)"; and
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| 12 | on page 5, lines 7 and 8, by replacing "parenting time | ||||||
| 13 | visitation" with "visitation or parenting time".
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