Illinois General Assembly - Bill Status for HB3128

Creates the Termination of Parental Rights of Perpetrators of Sexual Assault Act. Provides that if a child was conceived as a result of an act of sexual assault, the parent who is the victim of the act of sexual assault may file a petition with the court to terminate the child's parent-child relationship with the alleged perpetrator of the act of sexual assault. Provides that a verified petition filed under the Act must contain specified allegations and be supported by a showing by clear and convincing evidence that the alleged perpetrator committed an act of sexual assault against the petitioner. Provides that the court shall terminate the parent-child relationship if the court finds: (i) by clear and convincing evidence, that the allegations in a petition filed under Act are true; and (ii) that termination of the parent-child relationship is in the best interest of the child. Provides that conception as a result of sexual assault may be proven by a final judgment of conviction of a an alleged parent of a child under the Act who has been convicted of or who has pled guilty or nolo contendere to a violation of Sections of the Criminal Code of 2012 concerning: criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault, criminal sexual abuse, aggravated criminal sexual abuse, sexual relations within families, or a similar statute in another jurisdiction, for his conduct in fathering that child.

Replaces everything after the enacting clause. Amends the Illinois Parentage Act of 1984. Provides that a person is not entitled to custody of or visitation with a child without the consent of the child's mother or guardian if the person is found by clear and convincing evidence to have committed an act of non-consensual sexual penetration for his conduct in fathering that child and provides that the child's mother or guardian may decline support and maintenance obligations from such a father. Provides that a man who has fathered a child through sexual assault or sexual abuse is not entitled to any inheritance or other rights from the child without the consent of the child's mother or guardian. Provides that notwithstanding any provision of the Illinois Marriage and Dissolution of Marriage Act, the parent, grandparent, great-grandparent, or sibling of a man who has fathered a child through sexual assault or sexual abuse does not have standing to bring an action requesting custody or visitation with the child without the consent of the child's mother or guardian. Provides that the child's mother or guardian may file a petition under the new provisions either as an affirmative petition or as an affirmative defense in any proceeding filed by a man who has fathered a child through sexual assault or sexual abuse.

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