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| 1 | AN ACT concerning civil law.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Illinois Parentage Act of 1984 is amended by | ||||||
| 5 | changing Section 6.5 as follows: | ||||||
| 6 | (750 ILCS 45/6.5) | ||||||
| 7 | Sec. 6.5. Custody or visitation by sex offender prohibited | ||||||
| 8 | to men who father through sexual assault or sexual abuse.
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| 9 | (a) This Section applies to a person who has been found to | ||||||
| 10 | be 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 | ||||||
| 17 | abuse), Section 11-11 (sexual relations within families), | ||||||
| 18 | Section 12-13 (criminal sexual assault), Section 12-14 | ||||||
| 19 | (aggravated criminal sexual assault), Section 12-14.1 | ||||||
| 20 | (predatory criminal sexual assault of a child), Section | ||||||
| 21 | 12-15 (criminal sexual abuse), or Section 12-16 | ||||||
| 22 | (aggravated criminal sexual abuse) of the Criminal Code of | ||||||
| 23 | 1961 or the Criminal Code of 2012, or a similar statute in | ||||||
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| 1 | another jurisdiction, for his conduct in fathering that | ||||||
| 2 | child; or . | ||||||
| 3 | (2) at a fact-finding hearing, is found by clear and | ||||||
| 4 | convincing evidence to have committed an act of | ||||||
| 5 | non-consensual sexual penetration for his conduct in | ||||||
| 6 | fathering that child. | ||||||
| 7 | (b) A person described in subsection (a) shall not be | ||||||
| 8 | entitled to custody of or visitation with that child without | ||||||
| 9 | the consent of the child's mother or guardian. If the person | ||||||
| 10 | described in subsection (a) is also the guardian of the child, | ||||||
| 11 | he does not have the authority to consent to visitation or | ||||||
| 12 | custody under this Section. If the mother of the child is a | ||||||
| 13 | minor, and the person described in subsection (a) is also the | ||||||
| 14 | father or guardian of the mother, then he does not have the | ||||||
| 15 | authority to consent to custody or visits. | ||||||
| 16 | (c) Notwithstanding any other provision of this Act, | ||||||
| 17 | nothing in this Section shall be construed to relieve the | ||||||
| 18 | father described in subsection (a) of any support and | ||||||
| 19 | maintenance obligations to the child under this Act. The | ||||||
| 20 | child's mother or guardian may decline support and maintenance | ||||||
| 21 | obligations from the father. | ||||||
| 22 | (d) Notwithstanding any other provision of law, the father | ||||||
| 23 | described in subsection (a) of this Section is not entitled to | ||||||
| 24 | any inheritance or other rights from the child without the | ||||||
| 25 | consent of the child's mother or guardian.
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| 26 | (e) Notwithstanding any provision of the Illinois Marriage | ||||||
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| 1 | and Dissolution of Marriage Act, the parent, grandparent, | ||||||
| 2 | great-grandparent, or sibling of the person described in | ||||||
| 3 | subsection (a) of this Section does not have standing to bring | ||||||
| 4 | an action requesting custody or visitation with the child | ||||||
| 5 | without the consent of the child's mother or guardian. | ||||||
| 6 | (f) A petition under this Section may be filed by the | ||||||
| 7 | child's mother or guardian either as an affirmative petition in | ||||||
| 8 | circuit court or as an affirmative defense in any proceeding | ||||||
| 9 | filed by the person described in subsection (a) of this Section | ||||||
| 10 | regarding the child. | ||||||
| 11 | (Source: P.A. 96-1551, eff. 7-1-11; 97-568, eff. 8-25-11; | ||||||
| 12 | 97-1150, eff. 1-25-13.)
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