Rep. Ann Williams
Filed: 3/14/2013
 
 

 

 

 
09800HB3128ham001LRB098 08706 HEP 43122 a



1
AMENDMENT TO HOUSE BILL 3128




2    AMENDMENT NO. ______. Amend House Bill 3128 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 5. The Illinois Parentage Act of 1984 is amended  
5by changing Section 6.5 as follows:
 
6    (750 ILCS 45/6.5)
7    Sec. 6.5. Custody or visitation by sex offender prohibited 
8to men who father through sexual assault or sexual abuse.

9    (a) This Section applies to a person who has been found to 
10be the father of a child under this Act and who:
11        (1) has been convicted of or who has pled guilty or 
12    nolo contendere to a violation of Section 11-1.20 (criminal 
13    sexual assault), Section 11-1.30 (aggravated criminal 
14    sexual assault), Section 11-1.40 (predatory criminal 
15    sexual assault of a child), Section 11-1.50 (criminal 
16    sexual abuse), Section 11-1.60 (aggravated criminal sexual 
 
 
09800HB3128ham001- 2 -LRB098 08706 HEP 43122 a

1    abuse), Section 11-11 (sexual relations within families), 
2    Section 12-13 (criminal sexual assault), Section 12-14 
3    (aggravated criminal sexual assault), Section 12-14.1 
4    (predatory criminal sexual assault of a child), Section 
5    12-15 (criminal sexual abuse), or Section 12-16 
6    (aggravated criminal sexual abuse) of the Criminal Code of 
7    1961 or the Criminal Code of 2012, or a similar statute in 
8    another jurisdiction, for his conduct in fathering that 
9    child; or .
10        (2) at a fact-finding hearing, is found by clear and 
11    convincing evidence to have committed an act of 
12    non-consensual sexual penetration for his conduct in 
13    fathering that child. 
14    (b) A person described in subsection (a) shall not be 
15entitled to custody of or visitation with that child without 
16the consent of the child's mother or guardian.  If the person 
17described in subsection (a) is also the guardian of the child, 
18he does not have the authority to consent to visitation or 
19custody under this Section. If the mother of the child is a 
20minor, and the person described in subsection (a) is also the 
21father or guardian of the mother, then he does not have the 
22authority to consent to custody or visits.
23    (c) Notwithstanding any other provision of this Act, 
24nothing in this Section shall be construed to relieve the 
25father described in subsection (a) of any support and 
26maintenance obligations to the child under this Act. The 
 
 
09800HB3128ham001- 3 -LRB098 08706 HEP 43122 a

1child's mother or guardian may decline support and maintenance 
2obligations from the father.
3    (d) Notwithstanding any other provision of law, the father 
4described in subsection (a) of this Section is not entitled to 
5any inheritance or other rights from the child without the 
6consent of the child's mother or guardian.

7    (e) Notwithstanding any provision of the Illinois Marriage 
8and Dissolution of Marriage Act, the parent, grandparent, 
9great-grandparent, or sibling of the person described in 
10subsection (a) of this Section does not have standing to bring 
11an action requesting custody or visitation with the child 
12without the consent of the child's mother or guardian.
13    (f) A petition under this Section may be filed by the 
14child's mother or guardian either as an affirmative petition in 
15circuit court or as an affirmative defense in any proceeding 
16filed by the person described in subsection (a) of this Section 
17regarding the child.
18(Source: P.A. 96-1551, eff. 7-1-11; 97-568, eff. 8-25-11; 
1997-1150, eff. 1-25-13.)".