Full Text of SB2606 96th General Assembly
SB2606 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB2606
Introduced 1/21/2010, by Sen. Kwame Raoul SYNOPSIS AS INTRODUCED: |
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750 ILCS 45/11 |
from Ch. 40, par. 2511 |
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Amends the Illinois Parentage Act of 1984. Provides how the lab shall determine the databases to use in calculating the probability of paternity based on the ethnic or racial group of an individual. Provides that if the genetic testing does not identify the father, additional testing may be required. Provides that if the alleged father is not excluded by the testing, the report shall contain statistics (instead of contain a combined paternity index relating to the probability of paternity) based upon a prescribed statistical formula. Provides that if the test shows that the alleged father is not excluded, any party may demand that other qualified experts perform tests using blood types or other tests of genetic markers (instead of genetic markers found by Human Leucocyte Antigen (HLA) tests). Provides that if the tests show that the alleged father is not excluded and that there is at least a 99.9 percent probability of paternity (instead of and that the combined paternity index is less than 500 to 1), the alleged father is presumed to be the father, and this evidence shall be admitted (instead of admitted and weighed with other competent evidence). Provides that a man identified as the father may rebut the DNA test results by other genetic testing that satisfies the Act which exclude the man as the father or identifies another man as the possible father (instead of any parentage presumption is rebutted if the court finds that the conclusion of an expert excludes paternity). Provides that if more than one man is identified as the possible father, the court shall order each identified person to submit to DNA testing. Provides that the test expenses shall be paid by the party requesting the tests, except that the court may apportion the costs between the parties, upon request (instead of paid by the party requesting the test).
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A BILL FOR
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SB2606 |
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LRB096 15539 AJO 30769 b |
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| AN ACT concerning civil law.
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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 Parentage Act of 1984 is amended by | 5 |
| 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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SB2606 |
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LRB096 15539 AJO 30769 b |
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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 | 3 |
| an examiner of
blood or tissue types and appointed by
the | 4 |
| court.
The expert shall determine the testing procedures. | 5 |
| However, any
interested party, for good cause shown, in advance | 6 |
| of the scheduled tests,
may request a hearing to object to the
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| qualifications of the expert or the testing procedures. The
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| expert appointed by the court shall testify at the
pre-test | 9 |
| hearing at the expense of the party requesting the hearing, | 10 |
| except
as provided in subsection (h) of this Section for an | 11 |
| indigent party. An
expert not appointed by the court shall | 12 |
| testify at the pre-test hearing at
the expense of the party | 13 |
| retaining the expert. Inquiry into an
expert's qualifications | 14 |
| at the pre-test hearing shall not affect either
parties' right | 15 |
| to have the expert qualified at trial.
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| (b-1) Genetic testing must be of a type reasonably relied | 17 |
| upon by experts in the field of genetic testing and performed | 18 |
| in a testing laboratory accredited by the American Association | 19 |
| of Blood Banks, or a successor to its functions. | 20 |
| (b-2) A specimen used in genetic testing may consist of one | 21 |
| or more samples, or a combination of samples, of blood, buccal | 22 |
| cells, bone, hair, or other body tissue or fluid. | 23 |
| (b-3) The testing laboratory shall determine the databases | 24 |
| from which to select frequencies for use in calculation of the | 25 |
| probability of paternity based on the ethnic or racial group of | 26 |
| an individual. If there is disagreement as to the testing |
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| laboratory's choice, the following procedures apply: | 2 |
| (1) The individual objecting may require the testing | 3 |
| laboratory, within 30 days after receipt of the report of | 4 |
| the test, to recalculate the probability of paternity using | 5 |
| an ethnic or racial group different from that used by the | 6 |
| laboratory. | 7 |
| (2) The individual objecting to the testing | 8 |
| laboratory's initial choice shall: | 9 |
| (A) if the frequencies are not available to the | 10 |
| testing laboratory for the ethnic or racial group | 11 |
| requested, provide the requested frequencies compiled | 12 |
| in a manner recognized by accrediting bodies; or | 13 |
| (B) engage another testing laboratory to perform | 14 |
| the calculations. | 15 |
| (b-4) If, after recalculation using a different ethnic or | 16 |
| racial group, genetic testing does not rebuttably identify a | 17 |
| man as the father of a child, an individual who has been tested | 18 |
| may be required to submit to additional genetic testing. | 19 |
| (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 | 21 |
| not excluded,
the report shall contain statistics based upon | 22 |
| the statistical formula of Combined Paternity Index (CPI) and | 23 |
| the Probability of Paternity as determined by the probability | 24 |
| of exclusion (Random Man Not Excluded = RMNE) a combined | 25 |
| paternity index relating to the probability
of paternity . The | 26 |
| expert may be called by the court as a witness to
testify to |
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| his or her findings and, if called, shall be subject to
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| cross-examination by the parties. If the test results show that | 3 |
| the alleged
father is not excluded,
any party may demand that | 4 |
| other experts,
qualified as examiners of blood or tissue types, | 5 |
| perform independent tests
under order of court, including, but | 6 |
| not limited to, blood types or other
tests of genetic markers | 7 |
| such as those found by Human Leucocyte Antigen (HLA)
tests . The | 8 |
| results of the tests may be offered into evidence. The
number | 9 |
| and qualifications of the experts shall be determined by the | 10 |
| court.
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| (d) Documentation of the chain of custody of the blood or
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| tissue samples, accompanied by an affidavit or certification in | 13 |
| accordance
with Section 1-109 of the Code of Civil Procedure, | 14 |
| is competent evidence to
establish the chain of custody.
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| (e) The report of the test results prepared by the | 16 |
| appointed expert shall be
made by affidavit or
by
certification | 17 |
| as provided in Section 1-109 of the Code of Civil Procedure
and | 18 |
| shall be mailed to all parties. A proof of service shall be
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| filed with the court. The verified
report shall be admitted | 20 |
| into evidence at trial without foundation testimony
or other | 21 |
| proof of authenticity or accuracy, unless a written motion
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| challenging the admissibility of the report is filed by either | 23 |
| party
within 28 days of receipt of the report, in
which case | 24 |
| expert testimony shall be required.
A party may
not file such a | 25 |
| motion challenging the admissibility of the report later than
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| 28 days before commencement of trial. Before trial, the court
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| shall determine whether the motion is sufficient to deny | 2 |
| admission of the
report by verification. Failure to make
that | 3 |
| timely motion constitutes a waiver of the right to object to
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| admission by verification and shall not be
grounds for a | 5 |
| continuance of the hearing to determine paternity.
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| (f) Tests taken pursuant to this Section shall have the | 7 |
| following effect:
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| (1) If the court finds that the conclusion of the | 9 |
| expert or
experts, as
disclosed by the evidence based upon | 10 |
| the tests, is that the alleged father
is not the parent of | 11 |
| the child, the question of paternity shall be resolved
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| accordingly.
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| (2) If the experts disagree in their findings or | 14 |
| conclusions, the
question shall be weighed with other | 15 |
| competent evidence of paternity.
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| (3) If the tests show that the alleged father is
not | 17 |
| excluded and that the combined paternity index is at least | 18 |
| 1,000 to 1, and there is at least a 99.9 percent | 19 |
| probability of paternity, the alleged father is presumed to | 20 |
| be the father, and this evidence shall be admitted less | 21 |
| than 500 to 1,
this evidence shall be admitted by the court | 22 |
| and shall be weighed with
other competent evidence of | 23 |
| paternity .
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| (4) A man identified under paragraph (3) of subsection | 25 |
| (f) as the father of the child may rebut the genetic | 26 |
| testing results by other genetic testing satisfying the |
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| requirements of this Act which: | 2 |
| (A) excludes the man as a genetic father of the | 3 |
| child; or | 4 |
| (B) identifies another man as the possible father | 5 |
| of the child. If the tests show that the alleged father | 6 |
| is not
excluded and that the combined paternity index | 7 |
| is at least 500 to 1, the
alleged
father is presumed to | 8 |
| be the father, and this evidence shall be admitted.
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| This presumption may be rebutted by clear and | 10 |
| convincing evidence.
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| (5) Except as otherwise provided in this Act, if more | 12 |
| than one man is identified by genetic testing as the | 13 |
| possible father of the child, the court shall order them to | 14 |
| submit to further genetic testing to identify the genetic | 15 |
| father. | 16 |
| (g) (Blank). Any presumption of parentage as set forth in | 17 |
| Section 5 of this Act
is rebutted if the court finds that the | 18 |
| conclusion of the expert or experts
excludes
paternity of the | 19 |
| presumed father.
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| (h) The expense of the tests shall be paid by the party
who | 21 |
| requests the tests , except that the court may apportion the | 22 |
| costs between the parties, upon request . Where the tests are | 23 |
| requested by the party
seeking to establish paternity and that | 24 |
| party is found to be indigent by
the court, the expense shall | 25 |
| be paid by the public agency providing
representation; except | 26 |
| that where a public agency is not providing
representation, the |
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| expense shall be paid by the county in which the action
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| brought. Where the tests are ordered by the court on its own | 3 |
| motion or
are requested by the alleged or presumed father and | 4 |
| that father is found to
be indigent by the court, the expense | 5 |
| shall be paid by the county in which
the action is brought. Any | 6 |
| part of the expense may be taxed as costs in the
action, except | 7 |
| that no costs may be taxed against a public agency that has
not | 8 |
| requested the tests.
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| (i) The compensation of each expert witness appointed by | 10 |
| the court shall
be paid as provided in subsection (h) of this | 11 |
| Section. Any part of
the payment may be taxed as costs in the | 12 |
| action, except that
no costs may be taxed against a public | 13 |
| agency that has not requested the
services of the expert | 14 |
| witness.
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| (j) Nothing in this Section shall prevent any party from | 16 |
| obtaining tests
of his or her own blood or tissue independent | 17 |
| of those ordered by the court
or from
presenting expert | 18 |
| testimony interpreting those tests or any other blood
tests | 19 |
| ordered pursuant to this Section. Reports of all the
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| independent tests, accompanied by affidavit or certification | 21 |
| pursuant to
Section 1-109 of the Code of Civil Procedure, and | 22 |
| notice of any expert
witnesses to be called to testify to the | 23 |
| results of those tests shall be
submitted to all parties at | 24 |
| least 30 days before any hearing set to
determine the issue of | 25 |
| parentage.
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| (Source: P.A. 96-333, eff. 8-11-09; 96-474, eff. 8-14-09.)
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