Full Text of SB1628 96th General Assembly
SB1628 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB1628
Introduced 2/19/2009, by Sen. Iris Y. Martinez SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Public Aid Code, the Vital Records Act, the Criminal Code of 1961, the Illinois Marriage and Dissolution of Marriage Act, and the Illinois Parentage Act of 1984. Provides that the Department of Healthcare and Family Services' form for voluntary acknowledgement of paternity in connection with child support collection shall be the same form prepared by the Department and distributed to county clerks and registrars under the Vital Records Act. Provides that an acknowledgement of paternity and denial of paternity form shall include a statement informing the mother, the alleged father, and the presumed father, if any, that they have the right to request DNA tests regarding the issue of the child's paternity and that by signing the form, they expressly waive such tests. Requires that the statement on the acknowledgement and denial of paternity form concerning the right to request DNA tests be set forth in bold-face capital letters not less than 0.25 inches in height. Provides that in an action brought under the Illinois Parentage Act of 1984 to determine the existence of the father and child relationship or to declare the non-existence of the parent and child relationship, the court or Administrative Hearing Officer in an Expedited Child Support System shall, prior to the entry of a judgment in the case, advise the respondent who appears of the right to request an order that the parties and the child submit to DNA tests to determine inherited characteristics; provides that the advisement shall be noted in the record. Changes the name of the offense "unlawful visitation interference" to "unlawful visitation or parenting time interference" in the Criminal Code of 1961 and the Illinois Marriage and Dissolution of Marriage Act.
Effective immediately.
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A BILL FOR
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| AN ACT concerning children.
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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 Illinois Public Aid Code is amended by | 5 |
| changing Section 10-17.7 as follows:
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| (305 ILCS 5/10-17.7)
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| Sec. 10-17.7. Administrative determination of paternity. | 8 |
| The Illinois
Department may provide by rule for the | 9 |
| administrative determination of
paternity by the Child and | 10 |
| Spouse Support Unit in cases involving applicants
for or | 11 |
| recipients of financial aid under Article IV of this Act and | 12 |
| other
persons who are given access to the child support
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| enforcement services of this
Article as provided in Section | 14 |
| 10-1, including persons similarly situated and
receiving | 15 |
| similar services in other states. The rules shall extend to | 16 |
| cases in
which the mother and alleged father voluntarily | 17 |
| acknowledge paternity in the
form required by the Illinois | 18 |
| Department or agree
to be bound by the results of genetic | 19 |
| testing or in which the alleged
father
has failed to respond to | 20 |
| a notification of support obligation issued under
Section 10-4 | 21 |
| and to cases of contested paternity. The Illinois
Department's | 22 |
| form for voluntary acknowledgement of paternity shall be the | 23 |
| same form prepared by the Illinois Department for use under the |
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| requirements of Section 12 of the Vital Records Act. Any
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| presumption provided for under the Illinois Parentage Act of
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| 1984 shall apply to cases in which paternity is determined | 4 |
| under the rules of
the Illinois Department. The rules shall | 5 |
| provide for notice and an opportunity
to be heard by the | 6 |
| responsible relative and the person receiving child support | 7 |
| enforcement services under this Article if paternity is
not
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| voluntarily acknowledged, and any final administrative
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| decision rendered by the Illinois Department shall be reviewed | 10 |
| only under and
in accordance with the Administrative Review | 11 |
| Law. Determinations of paternity
made by the Illinois | 12 |
| Department under the rules authorized by this Section
shall
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| have the full force and effect of a court judgment of paternity | 14 |
| entered under
the Illinois Parentage Act of 1984.
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| In determining paternity in contested cases, the Illinois | 16 |
| Department shall
conduct the evidentiary hearing in accordance | 17 |
| with Section 11 of the Parentage
Act of 1984, except that | 18 |
| references in that Section to "the court" shall be
deemed to | 19 |
| mean the Illinois Department's hearing officer in cases in | 20 |
| which
paternity is determined administratively by the Illinois | 21 |
| Department.
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| Notwithstanding any other provision of this Article, a
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| default determination
of
paternity may be made if service of | 24 |
| the notice under Section 10-4 was made by
publication under the | 25 |
| rules for administrative paternity determination
authorized by | 26 |
| this Section. The rules as they pertain to service by
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| publication shall (i) be based on the provisions of Section | 2 |
| 2-206 and 2-207 of
the Code of Civil Procedure, (ii) provide | 3 |
| for service by publication in cases
in which
the whereabouts of | 4 |
| the alleged father are unknown after diligent location
efforts | 5 |
| by the Child and Spouse Support Unit, and (iii) provide for | 6 |
| publication
of a notice of default paternity determination in | 7 |
| the same manner that the
notice under Section 10-4 was | 8 |
| published.
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| The Illinois Department
may implement this Section through | 10 |
| the use of emergency rules in accordance
with Section 5-45 of | 11 |
| the Illinois Administrative Procedure Act. For purposes
of the | 12 |
| Illinois Administrative Procedure Act, the adoption of rules to
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| implement this Section shall be considered an emergency and | 14 |
| necessary for
the public interest, safety, and welfare.
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| (Source: P.A. 92-590, eff. 7-1-02.)
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| Section 10. The Vital Records Act is amended by changing | 17 |
| Section 12 as follows:
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| (410 ILCS 535/12) (from Ch. 111 1/2, par. 73-12)
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| Sec. 12. Live births; place of registration.
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| (1) Each live birth which occurs in this State shall be | 21 |
| registered
with the local or subregistrar of the district in | 22 |
| which the birth occurred
as provided in this Section, within 7 | 23 |
| days after the birth. When a
birth occurs on a moving | 24 |
| conveyance, the city, village, township, or road
district in |
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| which the child is first removed from the conveyance shall be
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| considered the place of birth and a birth certificate shall be | 3 |
| filed in the
registration district in which the place is | 4 |
| located.
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| (2) When a birth occurs in an institution, the person in | 6 |
| charge of the
institution or his designated representative | 7 |
| shall obtain and record all
the personal and statistical | 8 |
| particulars relative to the parents of the
child that are | 9 |
| required to properly complete the live birth certificate; shall
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| secure the required
personal signatures on the hospital | 11 |
| worksheet; shall prepare the certificate
from this worksheet; | 12 |
| and shall file the certificate with the local
registrar. The | 13 |
| institution shall retain the hospital worksheet permanently or
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| as
otherwise specified by rule. The
physician in attendance | 15 |
| shall verify or provide the date of birth and
medical | 16 |
| information required by the certificate, within 24 hours after | 17 |
| the
birth occurs.
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| (3) When a birth occurs outside an institution, the | 19 |
| certificate shall be
prepared and filed by one of the following | 20 |
| in the indicated order of
priority:
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| (a) The physician in attendance at or immediately after | 22 |
| the birth, or in
the absence of such a person,
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| (b) Any other person in attendance at or immediately | 24 |
| after the birth, or
in the absence of such a person,
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| (c) The father, the mother, or in the absence of the | 26 |
| father and the
inability of the mother, the person in |
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| charge of the premises where the
birth occurred.
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| (4) Unless otherwise provided in this Act, if the mother | 3 |
| was not married
to the father of the child at either the time | 4 |
| of conception or the time of
birth, the name of the father | 5 |
| shall be entered on the child's
birth certificate only if the | 6 |
| mother and the person to be named as the father
have signed an | 7 |
| acknowledgment of parentage in accordance with subsection (5).
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| Unless otherwise provided in this Act, if the mother was | 9 |
| married at the time
of conception or birth and the presumed | 10 |
| father (that is, the mother's husband)
is not the biological | 11 |
| father of the child, the name of the
biological father shall be | 12 |
| entered on the child's birth certificate only if, in
accordance | 13 |
| with subsection (5), (i)
the mother and the person to be named | 14 |
| as the father have signed an
acknowledgment of parentage and | 15 |
| (ii) the mother and presumed father have signed
a denial of | 16 |
| paternity.
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| (5) Upon the birth of a child to an unmarried woman, or | 18 |
| upon the birth of
a child to a woman who was married at the time | 19 |
| of conception or birth and whose
husband is not the biological | 20 |
| father of the child, the institution at the time
of birth and | 21 |
| the local registrar or county clerk after the birth shall do | 22 |
| the
following:
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| (a) Provide (i) an opportunity for the child's mother | 24 |
| and father to sign
an acknowledgment of parentage and (ii) | 25 |
| if the presumed father is not the
biological father, an | 26 |
| opportunity for the mother and presumed father to sign a
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| denial of paternity. The signing and witnessing of the | 2 |
| acknowledgment of
parentage or, if the presumed father of | 3 |
| the child is not the biological father,
the acknowledgment | 4 |
| of parentage and denial of paternity conclusively
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| establishes a parent and child relationship in accordance | 6 |
| with Sections 5 and 6
of the Illinois Parentage Act of | 7 |
| 1984.
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| The Department of Healthcare and Family Services shall | 9 |
| furnish
the acknowledgment of parentage and denial of | 10 |
| paternity form to institutions,
county clerks, and State | 11 |
| and local registrars' offices. The form shall
include
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| instructions to send the
original signed and witnessed | 13 |
| acknowledgment of parentage and denial of
paternity to the | 14 |
| Department of Healthcare and Family Services. The | 15 |
| acknowledgement of paternity and denial of paternity form | 16 |
| shall also include a statement informing the mother, the | 17 |
| alleged father, and the presumed father, if any, that they | 18 |
| have the right to request deoxyribonucleic acid (DNA) tests | 19 |
| regarding the issue of the child's paternity and that by | 20 |
| signing the form, they expressly waive such tests. The | 21 |
| statement shall be set forth in bold-face capital letters | 22 |
| not less than 0.25 inches in height.
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| (b) Provide the following documents, furnished by the | 24 |
| Department
of Healthcare and Family Services, to the | 25 |
| child's mother, biological father, and (if the person
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| presumed to be the child's father is not the biological |
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| father) presumed father
for their review at
the time the | 2 |
| opportunity is provided to establish a parent and child
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| relationship:
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| (i) An explanation of the implications of, | 5 |
| alternatives to, legal
consequences of, and the rights | 6 |
| and responsibilities
that arise from signing an
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| acknowledgment of parentage and, if necessary, a | 8 |
| denial of
paternity, including an explanation of the | 9 |
| parental rights and
responsibilities of child support, | 10 |
| visitation, custody, retroactive support,
health | 11 |
| insurance coverage, and payment of birth expenses.
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| (ii) An explanation of the benefits of having a | 13 |
| child's parentage
established and the availability of | 14 |
| parentage establishment and child
support
enforcement | 15 |
| services.
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| (iii) A request for an application for child | 17 |
| support enforcement
services from
the
Department of | 18 |
| Healthcare and Family Services.
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| (iv) Instructions concerning the opportunity to | 20 |
| speak, either by
telephone or in person, with staff of
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| the Department of Healthcare and Family Services who | 22 |
| are trained to clarify information
and answer | 23 |
| questions about paternity establishment.
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| (v) Instructions for completing and signing the | 25 |
| acknowledgment of
parentage and denial of paternity.
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| (c) Provide an oral explanation of the documents and |
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| instructions set
forth in subdivision (5)(b), including an | 2 |
| explanation of the implications of,
alternatives to, legal | 3 |
| consequences of, and the rights and responsibilities
that | 4 |
| arise from signing an acknowledgment of parentage and, if | 5 |
| necessary, a
denial of paternity. The oral explanation may | 6 |
| be given in person or through
the use of video or audio | 7 |
| equipment.
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| (6) The institution, State or local registrar, or county | 9 |
| clerk shall provide
an
opportunity for the child's father or | 10 |
| mother to sign a rescission of parentage.
The signing and | 11 |
| witnessing of the rescission of parentage voids the
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| acknowledgment of parentage and nullifies the presumption of | 13 |
| paternity if
executed and filed with the Department of | 14 |
| Healthcare and Family Services (formerly Illinois Department | 15 |
| of Public Aid) within the
time frame contained in Section 5
of | 16 |
| the Illinois Parentage Act of 1984.
The Department of | 17 |
| Healthcare and Family Services shall furnish the rescission of | 18 |
| parentage
form to institutions, county clerks, and State and | 19 |
| local registrars' offices.
The form shall include instructions | 20 |
| to send the original signed and witnessed
rescission of | 21 |
| parentage to the Department of Healthcare and Family Services.
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| (7) An acknowledgment of paternity signed pursuant to | 23 |
| Section 6 of the
Illinois Parentage Act of 1984 may be | 24 |
| challenged in court only on the basis of
fraud, duress, or | 25 |
| material mistake of fact, with the burden of proof upon the
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| challenging party. Pending outcome of a challenge to the |
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| acknowledgment of
paternity, the legal responsibilities of the | 2 |
| signatories shall remain in full
force and effect, except upon | 3 |
| order of the court upon a showing of good cause.
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| (8) When the process for acknowledgment of parentage as | 5 |
| provided for under
subsection (5) establishes the paternity of | 6 |
| a child whose certificate of birth
is on file in
another state, | 7 |
| the Department of Healthcare and Family Services shall forward | 8 |
| a copy of
the
acknowledgment of parentage, the denial of | 9 |
| paternity, if applicable, and the
rescission of parentage, if | 10 |
| applicable, to the birth record agency of the state
where the | 11 |
| child's certificate of birth is on file.
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| (9) In the event the parent-child relationship has been | 13 |
| established in
accordance with subdivision (a)(1) of Section 6 | 14 |
| of the Parentage Act of 1984,
the names of the biological | 15 |
| mother and biological father so established shall
be entered on | 16 |
| the child's birth certificate, and the names of the surrogate
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| mother and surrogate mother's husband, if any, shall not be on | 18 |
| the birth
certificate.
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| (Source: P.A. 95-331, eff. 8-21-07.)
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| Section 15. The Criminal Code of 1961 is amended by | 21 |
| changing 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 | 24 |
| interference.
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| (a) As used in this Section,
the terms
"child", "detain", | 2 |
| and "lawful custodian" shall have the meanings ascribed
to them | 3 |
| in Section 10-5 of this Code.
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| (b) Every person who, in violation of the visitation , | 5 |
| parenting time, or custody time
provisions of a court order | 6 |
| relating to child custody, detains
or conceals a child with the | 7 |
| intent to deprive another person of his or her
rights
to | 8 |
| visitation , parenting time, or custody time shall be guilty of | 9 |
| unlawful
visitation or parenting time interference.
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| (c) A person committing unlawful visitation or parenting | 11 |
| time interference is
guilty of a petty offense. However, any | 12 |
| person violating this Section after
2 prior convictions of | 13 |
| unlawful visitation interference or unlawful visitation or | 14 |
| parenting time interference is guilty
of a Class A misdemeanor.
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| (d) Any law enforcement officer who has probable cause to | 16 |
| believe that
a person has committed or is committing an act in | 17 |
| violation of this Section
shall issue to that person a notice | 18 |
| 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 | 22 |
| 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 | 26 |
| certain time and
place.
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| (f) Upon failure of the person to appear, a summons or | 2 |
| 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 | 5 |
| protect the child
from imminent physical harm, provided | 6 |
| that the defendant's belief that
there was physical harm
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| imminent was reasonable and that the defendant's conduct in | 8 |
| withholding
visitation rights , parenting time, or custody | 9 |
| time was a reasonable response to the harm believed | 10 |
| imminent;
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| (2) the act was committed with the mutual consent of | 12 |
| all parties having a
right to custody and visitation of the | 13 |
| 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 | 16 |
| time interference shall not be
subject to a civil contempt | 17 |
| citation for the same conduct for violating
visitation , | 18 |
| parenting time, or custody time provisions of a
court order | 19 |
| 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 20. Illinois Marriage and Dissolution of Marriage | 23 |
| 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 visitation orders; visitation | 2 |
| abuse.
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| (a) The circuit court shall provide an expedited procedure | 4 |
| for
enforcement of court ordered visitation in cases of | 5 |
| visitation abuse.
Visitation abuse occurs when a party has | 6 |
| willfully and without
justification: (1) denied another party | 7 |
| visitation as set forth by the
court; or (2) exercised his or | 8 |
| her visitation rights in a manner
that is harmful to the child | 9 |
| or child's custodian.
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| (b) An Action may be commenced by filing a petition setting | 11 |
| forth: (i)
the petitioner's name, residence address or mailing | 12 |
| address, and telephone
number; (ii) respondent's name and place | 13 |
| of residence, place of employment,
or mailing address; (iii) | 14 |
| the nature of the visitation abuse, giving dates
and other | 15 |
| relevant information; (iv) that a reasonable attempt was made | 16 |
| to
resolve the dispute; and (v) the relief sought.
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| Notice of the filing of the petitions shall be given as | 18 |
| provided
in Section 511.
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| (c) After hearing all of the evidence, the court may order | 20 |
| one or more of
the following:
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| (1) Modification of the visitation order to | 22 |
| specifically outline periods
of visitation or restrict | 23 |
| visitation as provided by law.
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| (2) Supervised visitation with a third party or public | 25 |
| agency.
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| (3) Make up visitation of the same time period, such as |
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| weekend for
weekend, holiday for holiday.
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| (4) Counseling or mediation, except in cases where | 3 |
| there is
evidence of domestic violence, as defined in | 4 |
| Section 1 of the Domestic
Violence Shelters Act, occurring | 5 |
| 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 | 8 |
| limit the
court's contempt power, except as provided in | 9 |
| subsection (g) of this
Section.
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| (e) When the court issues an order holding a party in | 11 |
| contempt of court
for violation of a visitation order, the | 12 |
| clerk shall transmit a copy of
the contempt order to the | 13 |
| sheriff of the county. The sheriff shall furnish
a copy of each | 14 |
| contempt order to the Department of State Police on a daily
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| basis in the form and manner required by the Department. The | 16 |
| Department
shall maintain a complete record and index of the | 17 |
| contempt orders and make
this data available to all local law | 18 |
| enforcement agencies.
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| (f) Attorney fees and costs shall be assessed against a | 20 |
| party if the
court finds that the enforcement action is | 21 |
| vexatious and constitutes
harassment.
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| (g) A person convicted of unlawful visitation or parenting | 23 |
| time interference under Section
10-5.5 of the Criminal Code of | 24 |
| 1961 shall not be subject to the provisions of
this Section and | 25 |
| the court may not enter a contempt order for visitation abuse
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| against any person for the same conduct for which the person |
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| was convicted of
unlawful visitation interference or subject
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| that
person to the sanctions provided for in this Section.
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| (Source: P.A. 87-895; 88-96.)
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| Section 25. The Illinois Parentage Act of 1984 is amended | 5 |
| by changing Section 11 as follows:
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| (750 ILCS 45/11) (from Ch. 40, par. 2511)
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| Sec. 11. Tests to determine inherited characteristics.
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| (a) In any action brought under Section 7 to determine the | 9 |
| existence of the father and child relationship or to declare | 10 |
| the non-existence of the parent and child relationship, the | 11 |
| court or Administrative Hearing Officer in an Expedited Child | 12 |
| Support System shall, prior to the entry of a judgment in the | 13 |
| case, advise the respondent who appears of the right to request | 14 |
| an order that the parties and the child submit to | 15 |
| deoxyribonucleic acid (DNA) tests to determine inherited | 16 |
| characteristics. The advisement shall be noted in the record. | 17 |
| As soon as practicable, the court or Administrative Hearing | 18 |
| Officer
in an Expedited Child Support System may, and upon | 19 |
| request of a party
shall, order or direct the mother, child and | 20 |
| alleged father to
submit to deoxyribonucleic acid (DNA) tests | 21 |
| to determine
inherited characteristics.
If any party refuses to | 22 |
| submit to the tests, the court may
resolve the
question of | 23 |
| paternity against that party or enforce its order if the rights
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| of others and the interests of justice so require.
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| (b) The tests shall be conducted by an expert qualified as | 2 |
| an examiner of
blood or tissue types and appointed by
the | 3 |
| court.
The expert shall determine the testing procedures. | 4 |
| However, any
interested party, for good cause shown, in advance | 5 |
| of the scheduled tests,
may request a hearing to object to the
| 6 |
| qualifications of the expert or the testing procedures. The
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| expert appointed by the court shall testify at the
pre-test | 8 |
| hearing at the expense of the party requesting the hearing, | 9 |
| except
as provided in subsection (h) of this Section for an | 10 |
| indigent party. An
expert not appointed by the court shall | 11 |
| testify at the pre-test hearing at
the expense of the party | 12 |
| retaining the expert. Inquiry into an
expert's qualifications | 13 |
| at the pre-test hearing shall not affect either
parties' right | 14 |
| to have the expert qualified at trial.
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| (c) The expert shall prepare a written report of the test
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| results. If the test results show that the alleged father is | 17 |
| not excluded,
the report shall contain a combined paternity | 18 |
| index relating to the probability
of paternity. The expert may | 19 |
| be called by the court as a witness to
testify to his or her | 20 |
| findings and, if called, shall be subject to
cross-examination | 21 |
| by the parties. If the test results show that the alleged
| 22 |
| father is not excluded,
any party may demand that other | 23 |
| experts,
qualified as examiners of blood or tissue types, | 24 |
| perform independent tests
under order of court, including, but | 25 |
| not limited to, blood types or other
tests of genetic markers | 26 |
| such as those found by Human Leucocyte Antigen (HLA)
tests. The |
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| results of the tests may be offered into evidence. The
number | 2 |
| and qualifications of the experts shall be determined by the | 3 |
| court.
| 4 |
| (d) Documentation of the chain of custody of the blood or
| 5 |
| tissue samples, accompanied by an affidavit or certification in | 6 |
| accordance
with Section 1-109 of the Code of Civil Procedure, | 7 |
| is competent evidence to
establish the chain of custody.
| 8 |
| (e) The report of the test results prepared by the | 9 |
| appointed expert shall be
made by affidavit or
by
certification | 10 |
| as provided in Section 1-109 of the Code of Civil Procedure
and | 11 |
| shall be mailed to all parties. A proof of service shall be
| 12 |
| filed with the court. The verified
report shall be admitted | 13 |
| into evidence at trial without foundation testimony
or other | 14 |
| proof of authenticity or accuracy, unless a written motion
| 15 |
| challenging the admissibility of the report is filed by either | 16 |
| party
within 28 days of receipt of the report, in
which case | 17 |
| expert testimony shall be required.
A party may
not file such a | 18 |
| motion challenging the admissibility of the report later than
| 19 |
| 28 days before commencement of trial. Before trial, the court
| 20 |
| shall determine whether the motion is sufficient to deny | 21 |
| admission of the
report by verification. Failure to make
that | 22 |
| timely motion constitutes a waiver of the right to object to
| 23 |
| admission by verification and shall not be
grounds for a | 24 |
| continuance of the hearing to determine paternity.
| 25 |
| (f) Tests taken pursuant to this Section shall have the | 26 |
| following effect:
|
|
|
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| (1) If the court finds that the conclusion of the | 2 |
| expert or
experts, as
disclosed by the evidence based upon | 3 |
| the tests, is that the alleged father
is not the parent of | 4 |
| the child, the question of paternity shall be resolved
| 5 |
| accordingly.
| 6 |
| (2) If the experts disagree in their findings or | 7 |
| conclusions, the
question shall be weighed with other | 8 |
| competent evidence of paternity.
| 9 |
| (3) If the tests show that the alleged father is
not | 10 |
| excluded and that the combined paternity index is less than | 11 |
| 500 to 1,
this evidence shall be admitted by the court and | 12 |
| shall be weighed with
other competent evidence of | 13 |
| paternity.
| 14 |
| (4) If the tests show that the alleged father is not
| 15 |
| excluded and that the combined paternity index is at least | 16 |
| 500 to 1, the
alleged
father is presumed to be the father, | 17 |
| and this evidence shall be admitted.
This presumption may | 18 |
| be rebutted by clear and convincing evidence.
| 19 |
| (g) Any presumption of parentage as set forth in Section 5 | 20 |
| of this Act
is rebutted if the court finds that the conclusion | 21 |
| of the expert or experts
excludes
paternity of the presumed | 22 |
| father.
| 23 |
| (h) The expense of the tests shall be paid by the party
who | 24 |
| requests the tests. Where the tests are requested by the party
| 25 |
| seeking to establish paternity and that party is found to be | 26 |
| indigent by
the court, the expense shall be paid by the public |
|
|
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| 1 |
| agency providing
representation; except that where a public | 2 |
| agency is not providing
representation, the expense shall be | 3 |
| paid by the county in which the action
is brought. Where the | 4 |
| tests are ordered by the court on its own motion or
are | 5 |
| requested by the alleged or presumed father and that father is | 6 |
| found to
be indigent by the court, the expense shall be paid by | 7 |
| the county in which
the action is brought. Any part of the | 8 |
| expense may be taxed as costs in the
action, except that no | 9 |
| costs may be taxed against a public agency that has
not | 10 |
| requested the tests.
| 11 |
| (i) The compensation of each expert witness appointed by | 12 |
| the court shall
be paid as provided in subsection (h) of this | 13 |
| Section. Any part of
the payment may be taxed as costs in the | 14 |
| action, except that
no costs may be taxed against a public | 15 |
| agency that has not requested the
services of the expert | 16 |
| witness.
| 17 |
| (j) Nothing in this Section shall prevent any party from | 18 |
| obtaining tests
of his or her own blood or tissue independent | 19 |
| of those ordered by the court
or from
presenting expert | 20 |
| testimony interpreting those tests or any other blood
tests | 21 |
| ordered pursuant to this Section. Reports of all the
| 22 |
| independent tests, accompanied by affidavit or certification | 23 |
| pursuant to
Section 1-109 of the Code of Civil Procedure, and | 24 |
| notice of any expert
witnesses to be called to testify to the | 25 |
| results of those tests shall be
submitted to all parties at | 26 |
| least 30 days before any hearing set to
determine the issue of |
|
|
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| parentage.
| 2 |
| (Source: P.A. 87-428; 87-435; 88-353; 88-687, eff. 1-24-95.)
| 3 |
| Section 99. Effective date. This Act takes effect upon | 4 |
| becoming law.
|
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|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 305 ILCS 5/10-17.7 |
|
| 4 |
| 410 ILCS 535/12 |
from Ch. 111 1/2, par. 73-12 |
| 5 |
| 720 ILCS 5/10-5.5 |
|
| 6 |
| 750 ILCS 5/607.1 |
from Ch. 40, par. 607.1 |
| 7 |
| 750 ILCS 45/11 |
from Ch. 40, par. 2511 |
| |
|