Full Text of HB3005 97th General Assembly
HB3005sam001 97TH GENERAL ASSEMBLY | Sen. William Delgado Filed: 5/19/2011
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| 1 | | AMENDMENT TO HOUSE BILL 3005
| 2 | | AMENDMENT NO. ______. Amend House Bill 3005 on page 5, by | 3 | | replacing lines 11 through 19 with the following:
| 4 | | "terminated in any manner provided by law. It does not include | 5 | | a person who has been or could be determined to be a parent | 6 | | under the Illinois Parentage Act of 1984, or similar parentage | 7 | | law in any other state, if that person has been convicted of or | 8 | | pled nolo contendere to a crime that resulted in the conception | 9 | | of the child under Section 11-1.20, 11-1.30, 11-1.40, 11-11, | 10 | | 12-13, 12-14, 12-14.1, subsection (a) or (b) (but not | 11 | | subsection (c)) of Section 11-1.50 or 12-15, or subsection (a), | 12 | | (b), (c), (e), or (f) (but not subsection (d)) of Section | 13 | | 11-1.60 or 12-16 of the Criminal Code of 1961 or similar | 14 | | statute in another jurisdiction unless upon motion of any | 15 | | party, other than the offender, to the juvenile court | 16 | | proceedings the court finds it is in the child's best interest | 17 | | to deem the offender a parent for purposes of the juvenile |
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| 1 | | court proceedings. "; and | 2 | | on page 11, by replacing lines 18 through 24 with the | 3 | | following: | 4 | | "Section 10. The Illinois Parentage Act of 1984 is amended | 5 | | by changing Section 6.5 as follows: | 6 | | (750 ILCS 45/6.5) | 7 | | (Text of Section before amendment by P.A. 96-1551 ) | 8 | | Sec. 6.5. Custody or visitation by sex offender prohibited.
| 9 | | (a) This Section applies to a person who has been found to | 10 | | be the father of a child under this Act and who has been | 11 | | convicted of or who has pled guilty or nolo contendere to a | 12 | | violation of Section 11-1.20 (criminal sexual assault), | 13 | | Section 11-1.30 (aggravated criminal sexual assault), Section | 14 | | 11-1.40 (predatory criminal sexual assault of a child), Section | 15 | | 11-1.50 (criminal sexual abuse), Section 11-1.60 (aggravated | 16 | | criminal sexual abuse), Section 11-11 (sexual relations within | 17 | | families), Section 12-13 (criminal sexual assault), Section | 18 | | 12-14 (aggravated criminal sexual assault), Section 12-14.1 | 19 | | (predatory criminal sexual assault of a child), Section 12-15 | 20 | | (criminal sexual abuse), or Section 12-16 (aggravated criminal | 21 | | sexual abuse) of the Criminal Code of 1961, or a similar | 22 | | statute in another jurisdiction, for his conduct in fathering | 23 | | that child. |
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| 1 | | (b) A person described in subsection (a) shall not be | 2 | | entitled to custody of or visitation with that child without | 3 | | the consent of the child's mother or guardian. If the person | 4 | | described in subsection (a) is also the guardian of the child, | 5 | | he does not have the authority to consent to visitation or | 6 | | custody under this Section. If the mother of the child is a | 7 | | minor, and the person described in subsection (a) is also the | 8 | | father or guardian of the mother, then he does not have the | 9 | | authority to consent to custody or visitation. | 10 | | (c) Notwithstanding any other provision of this Act, | 11 | | nothing in this Section shall be construed to relieve the | 12 | | father described in subsection (a) of any support and | 13 | | maintenance obligations to the child under this Act. | 14 | | A person found to be the father of a child under this Act, and | 15 | | who has been convicted of or who has pled guilty to a violation | 16 | | of Section 11-11 (sexual relations within families), Section | 17 | | 12-13 (criminal sexual assault), Section 12-14 (aggravated | 18 | | criminal sexual assault), Section 12-14.1 (predatory criminal | 19 | | sexual assault of a child), Section 12-15 (criminal sexual | 20 | | abuse), or Section 12-16 (aggravated criminal sexual abuse) of | 21 | | the Criminal Code of 1961 for his conduct in fathering that | 22 | | child, shall not be entitled to custody of or visitation with | 23 | | that child without the consent of the mother or guardian, other | 24 | | than the father of the child who has been convicted of or pled | 25 | | guilty to one of the offenses listed in this Section, or, in | 26 | | cases where the mother is a minor, the guardian of the mother |
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| 1 | | of the child. Notwithstanding any other provision of this Act, | 2 | | nothing in this Section shall be construed to relieve the | 3 | | father of any support and maintenance obligations to the child | 4 | | under this Act.
| 5 | | (Source: P.A. 94-928, eff. 6-26-06.) | 6 | | (Text of Section after amendment by P.A. 96-1551 ) | 7 | | Sec. 6.5. Custody or visitation by sex offender prohibited.
| 8 | | (a) This Section applies to a person who has been found to | 9 | | be the father of a child under this Act and who has been | 10 | | convicted of or who has pled guilty or nolo contendere to a | 11 | | violation of Section 11-1.20 (criminal sexual assault), | 12 | | Section 11-1.30 (aggravated criminal sexual assault), Section | 13 | | 11-1.40 (predatory criminal sexual assault of a child), Section | 14 | | 11-1.50 (criminal sexual abuse), Section 11-1.60 (aggravated | 15 | | criminal sexual abuse), Section 11-11 (sexual relations within | 16 | | families), Section 12-13 (criminal sexual assault), Section | 17 | | 12-14 (aggravated criminal sexual assault), Section 12-14.1 | 18 | | (predatory criminal sexual assault of a child), Section 12-15 | 19 | | (criminal sexual abuse), or Section 12-16 (aggravated criminal | 20 | | sexual abuse) of the Criminal Code of 1961, or a similar | 21 | | statute in another jurisdiction, for his conduct in fathering | 22 | | that child. | 23 | | (b) A person described in subsection (a) shall not be | 24 | | entitled to custody of or visitation with that child without | 25 | | the consent of the child's mother or guardian. If the person |
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| 1 | | described in subsection (a) is also the guardian of the child, | 2 | | he does not have the authority to consent to visitation or | 3 | | custody under this Section. If the mother of the child is a | 4 | | minor, and the person described in subsection (a) is also the | 5 | | father or guardian of the mother, then he does not have the | 6 | | authority to consent to custody or visits. | 7 | | (c) Notwithstanding any other provision of this Act, | 8 | | nothing in this Section shall be construed to relieve the | 9 | | father described in subsection (a) of any support and | 10 | | maintenance obligations to the child under this Act. | 11 | | A person found to be the father of a child under this Act, and | 12 | | who has been convicted of or who has pled guilty to a violation | 13 | | of Section 11-11 (sexual relations within families), Section | 14 | | 11-1.20 or 12-13 (criminal sexual assault), Section 11-1.30 or | 15 | | 12-14 (aggravated criminal sexual assault), Section 11-1.40 or | 16 | | 12-14.1 (predatory criminal sexual assault of a child), Section | 17 | | 11-1.50 or 12-15 (criminal sexual abuse), or Section 11-1.60 or | 18 | | 12-16 (aggravated criminal sexual abuse) of the Criminal Code | 19 | | of 1961 for his conduct in fathering that child, shall not be | 20 | | entitled to custody of or visitation with that child without | 21 | | the consent of the mother or guardian, other than the father of | 22 | | the child who has been convicted of or pled guilty to one of | 23 | | the offenses listed in this Section, or, in cases where the | 24 | | mother is a minor, the guardian of the mother of the child. | 25 | | Notwithstanding any other provision of this Act, nothing in | 26 | | this Section shall be construed to relieve the father of any |
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| 1 | | support and maintenance obligations to the child under this | 2 | | Act.
| 3 | | (Source: P.A. 96-1551, eff. 7-1-11.)
| 4 | | Section 95. No acceleration or delay. Where this Act makes | 5 | | changes in a statute that is represented in this Act by text | 6 | | that is not yet or no longer in effect (for example, a Section | 7 | | represented by multiple versions), the use of that text does | 8 | | not accelerate or delay the taking effect of (i) the changes | 9 | | made by this Act or (ii) provisions derived from any other | 10 | | Public Act."; and | 11 | | on page 12 by deleting lines 1 through 21.
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