Illinois General Assembly - Full Text of HB5691
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Full Text of HB5691  95th General Assembly

HB5691eng 95TH GENERAL ASSEMBLY



 


 
HB5691 Engrossed LRB095 19738 DRJ 46107 b

1     AN ACT concerning children.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Criminal Code of 1961 is amended by changing
5 Section 10-5.5 as follows:
 
6     (720 ILCS 5/10-5.5)
7     Sec. 10-5.5. Unlawful parenting time visitation
8 interference.
9     (a) As used in this Section, the terms "child", "detain",
10 and "lawful custodian" shall have the meanings ascribed to them
11 in Section 10-5 of this Code.
12     (b) Every person who, in violation of the visitation,
13 parenting time, or custody time provisions of a court order
14 relating to child custody, detains or conceals a child with the
15 intent to deprive another person of his or her rights to
16 visitation, parenting time, or custody time shall be guilty of
17 unlawful parenting time visitation interference.
18     (c) A person committing unlawful parenting time visitation
19 interference is guilty of a petty offense. However, any person
20 violating this Section after 2 prior convictions of unlawful
21 visitation interference or unlawful parenting time
22 interference is guilty of a Class A misdemeanor.
23     (d) Any law enforcement officer who has probable cause to

 

 

HB5691 Engrossed - 2 - LRB095 19738 DRJ 46107 b

1 believe that a person has committed or is committing an act in
2 violation of this Section shall issue to that person a notice
3 to appear.
4     (e) The notice shall:
5         (1) be in writing;
6         (2) state the name of the person and his address, if
7     known;
8         (3) set forth the nature of the offense;
9         (4) be signed by the officer issuing the notice; and
10         (5) request the person to appear before a court at a
11     certain time and place.
12     (f) Upon failure of the person to appear, a summons or
13 warrant of arrest may be issued.
14     (g) It is an affirmative defense that:
15         (1) a person or lawful custodian committed the act to
16     protect the child from imminent physical harm, provided
17     that the defendant's belief that there was physical harm
18     imminent was reasonable and that the defendant's conduct in
19     withholding visitation rights, parenting time, or custody
20     time was a reasonable response to the harm believed
21     imminent;
22         (2) the act was committed with the mutual consent of
23     all parties having a right to custody and visitation of the
24     child or parenting time with the child; or
25         (3) the act was otherwise authorized by law.
26     (h) A person convicted of unlawful parenting time

 

 

HB5691 Engrossed - 3 - LRB095 19738 DRJ 46107 b

1 visitation interference shall not be subject to a civil
2 contempt citation for the same conduct for violating
3 visitation, parenting time, or custody time provisions of a
4 court order issued under the Illinois Marriage and Dissolution
5 of Marriage Act.
6 (Source: P.A. 88-96.)
 
7     Section 99. Effective date. This Act takes effect upon
8 becoming law.