Full Text of SB0101 96th General Assembly
SB0101eng 96TH GENERAL ASSEMBLY
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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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| 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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| 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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| 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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