Rep. Ronald A. Wait
Filed: 3/27/2009
 
 

 




 

 		












09600HB4202ham001

LRB096 05711 AJO 24721 a






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AMENDMENT TO HOUSE BILL 4202 




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    AMENDMENT NO. ______. Amend House Bill 4202 by replacing 
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everything after the enacting clause with the following: 

 
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    "Section 5. The Illinois Marriage and Dissolution of 
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Marriage Act is amended  by adding Section 610.5 as follows:
 
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    (750 ILCS 5/610.5  new)
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    Sec. 610.5. Out of State military service.
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    (a) Whenever it is determined in a proceeding to establish, 
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modify, or enforce child custody or visitation with a child 
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that a parent who is a party to the proceeding is a person on 
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active military duty stationed out of State, the court must 
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treat any order establishing, modifying, or enforcing child 
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custody or visitation with a child as a temporary order.
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    (b) An order that qualifies as a temporary order under this 
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Section:
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        (1) does not prejudice the rights of the parties or the 
 


 






09600HB4202ham001
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LRB096 05711 AJO 24721 a




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    child which are to be adjudicated at a subsequent hearing 
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    in the proceeding;
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        (2) may be incorporated into a final judgment, but only 
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    if the court makes a finding that this Section applies and 
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    the judgment provides that it may be modified to the extent 
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    that it establishes, modifies, or enforces child custody 
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    without meeting the requirements of Section 610; and
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        (3) terminates when the court enters a subsequent order 
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    or judgment following a hearing that is held:
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            (A) after the person is discharged from active 
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        military duty; or
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            (B) after the person, although remaining on active 
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        military duty, is no

                  longer stationed out of State.
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    (c) "Active-duty military member" means, for purposes of 
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this Section, a person who is currently serving on active duty 
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as a member of the Armed Forces of the United States, the 
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Illinois National Guard, or any reserve component of the Armed 
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Forces of the United States.".