SB0101 96TH GENERAL ASSEMBLY

LRB096 03109 AJO 13125 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB0101

Introduced 1/30/2009, by Sen. Iris Y. Martinez

SYNOPSIS AS INTRODUCED:

720 ILCS 5/10-5.5
750 ILCS 5/607.1	from Ch. 40, par. 607.1

Amends the Criminal Code of 1961. In provisions concerning the offense of unlawful visitation interference, changes the name of the offense to unlawful parenting time interference and changes references from "visitation" to "parenting time"; also adds references to "custody time". Amends the Illinois Marriage and Dissolution of Marriage Act. Provides for the enforcement of parenting time (instead of visitation) orders and a process to address parenting time abuse (instead of visitation abuse). Provides that parenting time may arise from court ordered visitation, parenting time, custody, or joint custody. Changes the name of the activity to parenting time (instead of visitation).

A BILL FOR

AN ACT concerning parenting time.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal Code of 1961 is amended by changing Section 10-5.5 as follows:

(720 ILCS 5/10-5.5)

Sec. 10-5.5. Unlawful visitation or parenting time interference.

(a) As used in this Section, the terms "child", "detain", and "lawful custodian" shall have the meanings ascribed to them in Section 10-5 of this Code.

(b) Every person who, in violation of the visitation, parenting time, or custody time provisions of a court order relating to child custody, detains or conceals a child with the intent to deprive another person of his or her rights to visitation, parenting time, or custody time shall be guilty of unlawful visitation or parenting time interference.

(c) A person committing unlawful visitation or parenting time interference is guilty of a petty offense. However, any person violating this Section after 2 prior convictions of unlawful visitation interference or unlawful visitation or parenting time interference is guilty of a Class A misdemeanor.

(d) Any law enforcement officer who has probable cause to believe that a person has committed or is committing an act in violation of this Section shall issue to that person a notice to appear.

(e) The notice shall:

(1) be in writing;

(2) state the name of the person and his address, if known;

(3) set forth the nature of the offense;

(4) be signed by the officer issuing the notice; and

(5) request the person to appear before a court at a certain time and place.

(f) Upon failure of the person to appear, a summons or warrant of arrest may be issued.

(g) It is an affirmative defense that:

(1) a person or lawful custodian committed the act to protect the child from imminent physical harm, provided that the defendant's belief that there was physical harm imminent was reasonable and that the defendant's conduct in withholding visitation rights, parenting time, or custody time was a reasonable response to the harm believed imminent;

(2) the act was committed with the mutual consent of all parties having a right to custody and visitation of the child or parenting time with the child; or

(3) the act was otherwise authorized by law.

(h) A person convicted of unlawful visitation or parenting time interference shall not be subject to a civil contempt citation for the same conduct for violating visitation, parenting time, or custody time provisions of a court order issued under the Illinois Marriage and Dissolution of Marriage Act.

(Source: P.A. 88-96.)

Section 10. The Illinois Marriage and Dissolution of Marriage Act is amended by changing Section 607.1 as follows:

(750 ILCS 5/607.1) (from Ch. 40, par. 607.1)

Sec. 607.1. Enforcement of parenting time visitation orders; parenting time visitation abuse.

(a) The circuit court shall provide an expedited procedure for enforcement of court ordered parenting time visitation in cases of parenting time visitation abuse. "Parenting time" may arise from court ordered visitation, parenting time, custody, or joint custody. Parenting time Visitation abuse occurs when a party has willfully and without justification: (1) denied another party parenting time visitation as set forth by the court; or (2) exercised his or her parenting time visitation rights in a manner that is harmful to the child or child's custodian or other parent.

(b) An action Action may be commenced by filing a petition setting forth: (i) the petitioner's name, residence address or mailing address, and telephone number; (ii) respondent's name and place of residence, place of employment, or mailing address; (iii) the nature of the parenting time visitation abuse, giving dates and other relevant information; (iv) that a reasonable attempt was made to resolve the dispute; and (v) the relief sought.

Notice of the filing of the petitions shall be given as provided in Section 511.

(c) After hearing all of the evidence, the court may order one or more of the following:

(1) Modification of the parenting time visitation order to specifically outline periods of parenting time visitation or restrict parenting time visitation as provided by law.

(2) Supervised parenting time visitation with a third party or public agency.

(3) Make up parenting time visitation of the same time period, such as weekend for weekend, holiday for holiday.

(4) Counseling or mediation, except in cases where there is evidence of domestic violence, as defined in Section 1 of the Domestic Violence Shelters Act, occurring between the parties.

(5) Other appropriate relief deemed equitable.

(d) Nothing contained in this Section shall be construed to limit the court's contempt power, except as provided in subsection (g) of this Section.

(e) When the court issues an order holding a party in contempt of court for violation of a parenting time visitation order, the clerk shall transmit a copy of the contempt order to the sheriff of the county. The sheriff shall furnish a copy of each contempt order to the Department of State Police on a daily basis in the form and manner required by the Department. The Department shall maintain a complete record and index of the contempt orders and make this data available to all local law enforcement agencies.

(f) Attorney fees and costs shall be assessed against a party if the court finds that the enforcement action is vexatious and constitutes harassment.

(g) A person convicted of unlawful parenting time visitation interference under Section 10-5.5 of the Criminal Code of 1961 shall not be subject to the provisions of this Section and the court may not enter a contempt order for parenting time visitation abuse against any person for the same conduct for which the person was convicted of unlawful parenting time visitation interference or subject that person to the sanctions provided for in this Section.

(Source: P.A. 87-895; 88-96.)