Full Text of SB0101 96th General Assembly
SB0101 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB0101
Introduced 1/30/2009, by Sen. Iris Y. Martinez SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/10-5.5 |
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750 ILCS 5/607.1 |
from Ch. 40, par. 607.1 |
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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).
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A BILL FOR
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SB0101 |
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LRB096 03109 AJO 13125 b |
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| AN ACT concerning parenting time.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing | 5 |
| Section 10-5.5 as follows:
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| (720 ILCS 5/10-5.5)
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| Sec. 10-5.5. Unlawful visitation or parenting time | 8 |
| interference.
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| (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.
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| (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
visitation or parenting time interference.
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| (c) A person committing unlawful visitation or parenting | 19 |
| time interference is
guilty of a petty offense. However, any | 20 |
| person violating this Section after
2 prior convictions of | 21 |
| unlawful visitation interference or unlawful visitation or | 22 |
| parenting time interference is guilty
of a Class A misdemeanor.
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| (d) Any law enforcement officer who has probable cause to |
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SB0101 |
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LRB096 03109 AJO 13125 b |
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| 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.
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| (e) The notice shall:
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| (1) be in writing;
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| (2) state the name of the person and his address, if | 7 |
| known;
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| (3) set forth the nature of the offense;
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| (4) be signed by the officer issuing the notice; and
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| (5) request the person to appear before a court at a | 11 |
| certain time and
place.
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| (f) Upon failure of the person to appear, a summons or | 13 |
| warrant of arrest may
be issued.
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| (g) It is an affirmative defense that:
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| (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
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| 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;
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| (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
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| (3) the act was otherwise authorized by law.
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| (h) A person convicted of unlawful visitation or parenting |
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SB0101 |
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LRB096 03109 AJO 13125 b |
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| time interference shall not be
subject to a civil contempt | 2 |
| citation for the same conduct for violating
visitation , | 3 |
| parenting time, or custody time provisions of a
court order | 4 |
| issued under the Illinois Marriage and Dissolution of Marriage
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| Act.
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| (Source: P.A. 88-96.)
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| Section 10. The Illinois Marriage and Dissolution of | 8 |
| Marriage Act is amended by changing Section 607.1 as follows:
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| (750 ILCS 5/607.1) (from Ch. 40, par. 607.1)
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| Sec. 607.1. Enforcement of parenting time visitation | 11 |
| orders; parenting time visitation abuse.
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| (a) The circuit court shall provide an expedited procedure | 13 |
| for
enforcement of court ordered parenting time visitation in | 14 |
| cases of parenting time visitation abuse. "Parenting time" may | 15 |
| arise from court ordered visitation, parenting time, custody, | 16 |
| or joint custody. Parenting time
Visitation abuse occurs when a | 17 |
| party has willfully and without
justification: (1) denied | 18 |
| another party parenting time visitation as set forth by the
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| court; or (2) exercised his or her parenting time visitation | 20 |
| rights in a manner
that is harmful to the child or child's | 21 |
| custodian or other parent .
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| (b) An action Action may be commenced by filing a petition | 23 |
| setting forth: (i)
the petitioner's name, residence address or | 24 |
| mailing address, and telephone
number; (ii) respondent's name |
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| and place of residence, place of employment,
or mailing | 2 |
| address; (iii) the nature of the parenting time visitation | 3 |
| abuse, giving dates
and other relevant information; (iv) that a | 4 |
| reasonable attempt was made to
resolve the dispute; and (v) the | 5 |
| relief sought.
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| Notice of the filing of the petitions shall be given as | 7 |
| provided
in Section 511.
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| (c) After hearing all of the evidence, the court may order | 9 |
| one or more of
the following:
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| (1) Modification of the parenting time visitation | 11 |
| order to specifically outline periods
of parenting time | 12 |
| visitation or restrict parenting time visitation as | 13 |
| provided by law.
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| (2) Supervised parenting time visitation with a third | 15 |
| party or public agency.
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| (3) Make up parenting time visitation of the same time | 17 |
| period, such as weekend for
weekend, holiday for holiday.
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| (4) Counseling or mediation, except in cases where | 19 |
| there is
evidence of domestic violence, as defined in | 20 |
| Section 1 of the Domestic
Violence Shelters Act, occurring | 21 |
| between the parties.
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| (5) Other appropriate relief deemed equitable.
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| (d) Nothing contained in this Section shall be construed to | 24 |
| limit the
court's contempt power, except as provided in | 25 |
| subsection (g) of this
Section.
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| (e) When the court issues an order holding a party in |
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LRB096 03109 AJO 13125 b |
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| contempt of court
for violation of a parenting time visitation | 2 |
| order, the clerk shall transmit a copy of
the contempt order to | 3 |
| the sheriff of the county. The sheriff shall furnish
a copy of | 4 |
| each contempt order to the Department of State Police on a | 5 |
| daily
basis in the form and manner required by the Department. | 6 |
| The Department
shall maintain a complete record and index of | 7 |
| the contempt orders and make
this data available to all local | 8 |
| law enforcement agencies.
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| (f) Attorney fees and costs shall be assessed against a | 10 |
| party if the
court finds that the enforcement action is | 11 |
| vexatious and constitutes
harassment.
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| (g) A person convicted of unlawful parenting time | 13 |
| visitation interference under Section
10-5.5 of the Criminal | 14 |
| Code of 1961 shall not be subject to the provisions of
this | 15 |
| Section and the court may not enter a contempt order for | 16 |
| parenting time visitation abuse
against any person for the same | 17 |
| conduct for which the person was convicted of
unlawful | 18 |
| parenting time visitation interference or subject
that
person | 19 |
| to the sanctions provided for in this Section.
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| (Source: P.A. 87-895; 88-96.)
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