Full Text of HB3128 98th General Assembly
HB3128eng 98TH GENERAL ASSEMBLY
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Illinois Parentage Act of 1984 is amended by
changing Section 6.5 as follows:
(750 ILCS 45/6.5)
Custody or visitation
by sex offender
to men who father through sexual assault or sexual abuse
(a) This Section applies to a person who has been found to
be the father of a child under this Act and who
has been convicted of or who has pled guilty or
nolo contendere to a violation of Section 11-1.20 (criminal
sexual assault), Section 11-1.30 (aggravated criminal
sexual assault), Section 11-1.40 (predatory criminal
sexual assault of a child), Section 11-1.50 (criminal
sexual abuse), Section 11-1.60 (aggravated criminal sexual
abuse), Section 11-11 (sexual relations within families),
Section 12-13 (criminal sexual assault), Section 12-14
(aggravated criminal sexual assault), Section 12-14.1
(predatory criminal sexual assault of a child), Section
12-15 (criminal sexual abuse), or Section 12-16
(aggravated criminal sexual abuse) of the Criminal Code of
1961 or the Criminal Code of 2012, or a similar statute in
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another jurisdiction, for his conduct in fathering that
(2) at a fact-finding hearing, is found by clear and
convincing evidence to have committed an act of
non-consensual sexual penetration for his conduct in
fathering that child.
(b) A person described in subsection (a) shall not be
entitled to custody of or visitation with that child without
the consent of the child's mother or guardian. If the person
described in subsection (a) is also the guardian of the child,
he does not have the authority to consent to visitation or
custody under this Section. If the mother of the child is a
minor, and the person described in subsection (a) is also the
father or guardian of the mother, then he does not have the
authority to consent to custody or visits.
(c) Notwithstanding any other provision of this Act,
nothing in this Section shall be construed to relieve the
father described in subsection (a) of any support and
maintenance obligations to the child under this Act.
child's mother or guardian may decline support and maintenance
obligations from the father.
(d) Notwithstanding any other provision of law, the father
described in subsection (a) of this Section is not entitled to
any inheritance or other rights from the child without the
consent of the child's mother or guardian.
(e) Notwithstanding any provision of the Illinois Marriage
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and Dissolution of Marriage Act, the parent, grandparent,
great-grandparent, or sibling of the person described in
subsection (a) of this Section does not have standing to bring
an action requesting custody or visitation with the child
without the consent of the child's mother or guardian.
(f) A petition under this Section may be filed by the
child's mother or guardian either as an affirmative petition in
circuit court or as an affirmative defense in any proceeding
filed by the person described in subsection (a) of this Section
regarding the child.
(Source: P.A. 96-1551, eff. 7-1-11; 97-568, eff. 8-25-11;
97-1150, eff. 1-25-13.)