HB3128 98TH GENERAL ASSEMBLY

LRB098 08706 HEP 41829 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3128

Introduced , by Rep. Ann Williams

SYNOPSIS AS INTRODUCED:

New Act

Creates the Termination of Parental Rights of Perpetrators of Sexual Assault Act. Provides that if a child was conceived as a result of an act of sexual assault, the parent who is the victim of the act of sexual assault may file a petition with the court to terminate the child's parent-child relationship with the alleged perpetrator of the act of sexual assault. Provides that a verified petition filed under the Act must contain specified allegations and be supported by a showing by clear and convincing evidence that the alleged perpetrator committed an act of sexual assault against the petitioner. Provides that the court shall terminate the parent-child relationship if the court finds: (i) by clear and convincing evidence, that the allegations in a petition filed under Act are true; and (ii) that termination of the parent-child relationship is in the best interest of the child. Provides that conception as a result of sexual assault may be proven by a final judgment of conviction of a an alleged parent of a child under the Act who has been convicted of or who has pled guilty or nolo contendere to a violation of Sections of the Criminal Code of 2012 concerning: criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault, criminal sexual abuse, aggravated criminal sexual abuse, sexual relations within families, or a similar statute in another jurisdiction, for his conduct in fathering that child.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Termination of Parental Rights of Perpetrators of Sexual Assault Act.

Section 5. Petition to terminate parental rights.

(a) If a child was conceived as a result of an act of sexual assault, the parent who is the victim of the act of sexual assault may file a petition with the court to terminate the child's parent-child relationship with the alleged perpetrator of the act of sexual assault. A verified petition filed under this Section must allege:

(1) that the alleged perpetrator committed an act of sexual assault against the parent who has filed the petition to terminate the parent-child relationship;

(2) that the child was conceived as a result of the act of sexual assault described under paragraph (1) of this subsection (a); and

(3) that termination of the parent-child relationship of the alleged perpetrator with the child is in the best interests of the child.

(b) The verified petition filed under this Section must be supported by a showing by clear and convincing evidence that the alleged perpetrator committed an act of sexual assault against a parent described in paragraph (1) of this subsection (a) of this Section.

(c) A showing by clear and convincing evidence that the child was conceived as a result of the act of sexual assault is prima facie evidence that continuation of the parent-child relationship with the alleged perpetrator is not in the best interest of the child.

Section 10. Order to terminate parental rights. The court shall terminate the parent-child relationship if the court finds: (i) by clear and convincing evidence, that the allegations in a petition described in Section 5 of this Act are true; and (ii) that termination of the parent-child relationship is in the best interest of the child.

Section 15. Proof of conception as a result of sexual assault.

(a) Conception as a result of sexual assault may be proven by a final judgment of conviction of a an alleged parent of a child under this Act who has been convicted of or who has pled guilty or nolo contendere to a violation of Section 11-1.20, Section 11-1.30, Section 11-1.40, Section 11-1.50, Section 11-1.60, Section 11-11, Section 12-13, Section 12-14, Section 12-14.1, Section 12-15, or Section 12-16 of the Criminal Code of 2012, or a similar statute in another jurisdiction, for his conduct in fathering that child.

(b) Conception as a result of sexual assault may also be proven by other evidence, produced at an evidentiary hearing, which indicates that the person who is the alleged parent of the child committed, during a possible time of conception, a sexual assault as specified in this Act against the mother of the child.