Full Text of HB5523 94th General Assembly
HB5523 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB5523
Introduced 1/27/2006, by Rep. Jim Durkin SYNOPSIS AS INTRODUCED: |
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New Act |
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730 ILCS 5/5-5-3 |
from Ch. 38, par. 1005-5-3 |
730 ILCS 150/3 |
from Ch. 38, par. 223 |
730 ILCS 150/4 |
from Ch. 38, par. 224 |
730 ILCS 150/5 |
from Ch. 38, par. 225 |
750 ILCS 50/1 |
from Ch. 40, par. 1501 |
750 ILCS 50/2 |
from Ch. 40, par. 1502 |
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Creates the Protection of Children Related to Sex Offenders Act. Provides that a "sex offender" or "sexual predator", as defined in the Sex Offender Registration Act, is barred from having custody of or visitation with his or her own children, grandchildren, or great-grandchildren, living with minor children, serving as a guardian for a minor child, or serving as a foster parent. Amends the Unified Code of Corrections. Provides that a defendant, convicted of an offense that qualifies the defendant for the designation of "sex offender" or "sexual predator" under the Sex Offender Registration Act, is ordered by the court to not live with or have custody or visitation with any minor children. Provides that the circuit clerk obtains from a defendant convicted of an offense included in the Sex Offender Registration Act the names and addresses of the defendant's spouse, former spouse, adult children, minor children, stepchildren, or wards and parents of the defendant's minor grandchildren, great-grandchildren, or stepchildren, or wards. Provides that the circuit clerk notifies the defendant's spouse, former spouse, adult children, parents of the defendant's minor grandchildren, great-grandchildren, or stepchildren, and any person with whom the defendant had a child if that child is now a minor, of the conviction and the court order prohibiting custody, visitation or residing with minors. Amends the Sex Offender Registration Act. Provides that before a sex offender or sexual predator is released from a correctional facility or otherwise released, the offender or predator must read and sign a form acknowledging the receipt of and receiving an understanding of the court order prohibiting the offender or predator from having custody or visitation with minors. Provides that when a sex offender or sexual predator registers that the sheriff, Chicago Police Department, or the chief of police, the sex offender or sexual predator shall provide information about any minor relatives or about any minor with whom the person resides and, if no order exists that, pursuant to the Protection of Children Related to Sex Offenders Act, bars the sex offender or sexual predator from custody, visitation, or sharing a residence with any minor child, the sheriff, Chicago Police Department, or the chief of police shall advise the State's attorney for that county about the lack of a court order, so that the States' attorney can obtain a court order against the person under the Protection of Children Related to Sex Offenders Act to protect minor children. Amends the Adoption Act. Provides that no sex offender or sexual predator may adopt a child or reside with, have custody of, or visitation with any minor that the person adopted.
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A BILL FOR
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HB5523 |
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LRB094 16031 AJO 51266 b |
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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 1. Short title. This Act may be cited as the | 5 |
| Protection of Children Related to Sex Offenders Act. | 6 |
| Section 5. Following the conviction of a defendant of an | 7 |
| offense included in the list of offenses contained in the | 8 |
| definition of "sex offender" or the definition of "sexual | 9 |
| predator" in the Sex Offender Registration Act, the court shall | 10 |
| enter an order that, pursuant to this Act, prohibits the | 11 |
| defendant from that day forward, notwithstanding a judgment of | 12 |
| dissolution of marriage, any court order concerning custody of | 13 |
| or visitation with a minor child of whom the defendant is a | 14 |
| parent, grandparent, or great-grandparent, from doing any of | 15 |
| the following: | 16 |
| (a) living in the same dwelling unit with any minor child | 17 |
| of whom the defendant is a parent, grandparent, or | 18 |
| great-grandparent; | 19 |
| (b) visiting at any location, with any minor child of whom | 20 |
| the defendant is a parent, grandparent, or great-grandparent or | 21 |
| exercising any visitation rights with any minor child of whom | 22 |
| the defendant is the parent, grandparent, or | 23 |
| great-grandparent;
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| (c) living in the same dwelling unit with another person | 25 |
| and that other person's minor child; | 26 |
| (d) visiting, at any location, any minor child or | 27 |
| exercising any visitation rights with a minor child; | 28 |
| (e) serving as a guardian of the person, guardian of the | 29 |
| estate, or plenary guardian of a minor child; | 30 |
| (f) petitioning any court for the adoption of, the | 31 |
| temporary custody of, or visitation with any minor child | 32 |
| including a minor child of whom the defendant is a parent, |
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| grandparent, or great-grandparent; or | 2 |
| (g) serving as a "foster parent", as defined in the Foster | 3 |
| Parent Law, of any minor child. | 4 |
| For purposes of this Act, the term "child" means a person | 5 |
| who is the natural or adopted son or daughter of another | 6 |
| person. | 7 |
| Nothing in this Act disturbs the legal obligation of a | 8 |
| parent who is a sex offender or sexual predator to pay child | 9 |
| support, provide health insurance, or to otherwise provide for | 10 |
| a minor child of whom the defendant is a parent. | 11 |
| Section 10. No person after conviction for an offense | 12 |
| included in the definitions of "sex offender" or "sexual | 13 |
| predator" may petition for or obtain custody of or visitation | 14 |
| with any minor child of whom the defendant is a parent, | 15 |
| grandparent, great-grandparent, stepparent, or guardian in any | 16 |
| legal proceeding for dissolution of marriage, concerning | 17 |
| custody, paternity, domestic violence, guardianship, adoption, | 18 |
| foster care, or in any other proceeding concerning a minor | 19 |
| child under Illinois law. | 20 |
| Section 15. Following the conviction of a defendant for an | 21 |
| offense included in the list of offenses contained in the | 22 |
| definition of "sex offender" or the definition of "sexual | 23 |
| predator" in the Sex Offender Registration Act, the court shall | 24 |
| determine whether the defendant has any minor children, | 25 |
| grandchildren, or great-grandchildren, any adult children, any | 26 |
| minor step-children, any minor wards of which the defendant is | 27 |
| a guardian, and whether any minor child occupies any part of | 28 |
| the defendant's dwelling; and if so, the court shall obtain | 29 |
| information about each person, or in the case of a minor child, | 30 |
| information about the minor child's parents, including the | 31 |
| person's name, address, telephone number, and the relationship | 32 |
| of each person to the defendant. The defendant shall also | 33 |
| provide to the court "basic information" about any legal | 34 |
| proceeding in which the defendant is now or has been a party |
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| concerning dissolution of marriage, child custody, child | 2 |
| visitation, paternity, or other similar proceeding that | 3 |
| concerned a minor child. "Basic information" about any legal | 4 |
| proceeding includes, but is not limited to, the following: name | 5 |
| and case number of the legal proceeding; state and county in | 6 |
| which the legal proceeding is located; the year the proceeding | 7 |
| began; the dates of any final orders; and the dates of any | 8 |
| orders concerning custody of or visitation with a minor child. | 9 |
| Section 20. | 10 |
| (a) After a defendant is convicted of an offense included | 11 |
| in the definitions of "sex offender" or "sexual predator", the | 12 |
| court shall require that the clerk of the circuit court send a | 13 |
| notice of conviction to the defendant's spouse, former spouse | 14 |
| of the defendant, the adult children of the defendant, the | 15 |
| parents of any minor child of whom the defendant is a parent, | 16 |
| grandparent, great-grandparent, stepparent, or guardian, and | 17 |
| any person with whom the defendant had a child, who is still a | 18 |
| minor. The notice of conviction shall include the defendant's | 19 |
| name and address, a statement that the defendant was convicted | 20 |
| of a crime that is included in the definitions of "sex | 21 |
| offender" or "sexual predator", the name and nature of the | 22 |
| offense of which the defendant was convicted, the court case | 23 |
| file number and the location of the court in which the | 24 |
| defendant was convicted, and a statement that the court entered | 25 |
| an order barring the defendant from having custody of or | 26 |
| visitation with any minor child including any minor child, of | 27 |
| whom the defendant is a parent, grandparent, | 28 |
| great-grandparent, stepparent, or guardian. | 29 |
| (b) The circuit clerk shall also forward a copy of the | 30 |
| notice of a conviction and a copy of the order referred to in | 31 |
| Section 5 to the circuit clerk of any county, or the similar | 32 |
| officer in a county in another state, in which there are any | 33 |
| pending legal proceedings concerning the custody of or | 34 |
| visitation with a minor child of whom the defendant is a | 35 |
| parent, grandparent, great-grandparent, stepparent, or |
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| guardian.
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| Section 25. The Unified Code of Corrections is amended by | 3 |
| changing Section 5-5-3 as follows:
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| (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
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| Sec. 5-5-3. Disposition.
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| (a) Except as provided in Section 11-501 of the Illinois | 7 |
| Vehicle Code, every person convicted of an offense shall be | 8 |
| sentenced as provided
in this Section.
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| (b) The following options shall be appropriate | 10 |
| dispositions, alone
or in combination, for all felonies and | 11 |
| misdemeanors other than those
identified in subsection (c) of | 12 |
| this Section:
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| (1) A period of probation.
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| (2) A term of periodic imprisonment.
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| (3) A term of conditional discharge.
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| (4) A term of imprisonment.
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| (5) An order directing the offender to clean up and | 18 |
| repair the
damage, if the offender was convicted under | 19 |
| paragraph (h) of Section
21-1 of the Criminal Code of 1961 | 20 |
| (now repealed).
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| (6) A fine.
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| (7) An order directing the offender to make restitution | 23 |
| to the
victim under Section 5-5-6 of this Code.
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| (8) A sentence of participation in a county impact | 25 |
| incarceration
program under Section 5-8-1.2 of this Code. | 26 |
| (9) A term of imprisonment in combination with a term | 27 |
| of probation when the offender has been admitted into a | 28 |
| drug court program under Section 20 of the Drug Court | 29 |
| Treatment Act.
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| Neither a fine nor restitution shall be the sole | 31 |
| disposition
for a felony and either or both may be imposed only | 32 |
| in conjunction with
another disposition.
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| (c) (1) When a defendant is found guilty of first degree | 34 |
| murder the
State may either seek a sentence of imprisonment |
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| under Section 5-8-1 of
this Code, or where appropriate seek | 2 |
| a sentence of death under Section 9-1
of the Criminal Code | 3 |
| of 1961.
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| (2) A period of probation, a term of periodic | 5 |
| imprisonment or
conditional discharge shall not be imposed | 6 |
| for the following offenses.
The court shall sentence the | 7 |
| offender to not less than the minimum term
of imprisonment | 8 |
| set forth in this Code for the following offenses, and
may | 9 |
| order a fine or restitution or both in conjunction with | 10 |
| such term of
imprisonment:
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| (A) First degree murder where the death penalty is | 12 |
| not imposed.
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| (B) Attempted first degree murder.
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| (C) A Class X felony.
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| (D) A violation of Section 401.1 or 407 of the
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| Illinois Controlled Substances Act, or a violation of | 17 |
| subdivision (c)(1) or
(c)(2) of
Section 401 of that Act | 18 |
| which relates to more than 5 grams of a substance
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| containing heroin or cocaine or an analog thereof.
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| (E) A violation of Section 5.1 or 9 of the Cannabis | 21 |
| Control
Act.
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| (F) A Class 2 or greater felony if the offender had | 23 |
| been convicted
of a Class 2 or greater felony within 10 | 24 |
| years of the date on which the
offender
committed the | 25 |
| offense for which he or she is being sentenced, except | 26 |
| as
otherwise provided in Section 40-10 of the | 27 |
| Alcoholism and Other Drug Abuse and
Dependency Act.
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| (F-5) A violation of Section 24-1, 24-1.1, or | 29 |
| 24-1.6 of the Criminal Code of 1961 for which | 30 |
| imprisonment is prescribed in those Sections.
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| (G) Residential burglary, except as otherwise | 32 |
| provided in Section 40-10
of the Alcoholism and Other | 33 |
| Drug Abuse and Dependency Act.
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| (H) Criminal sexual assault.
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| (I) Aggravated battery of a senior citizen.
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| (J) A forcible felony if the offense was related to |
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| the activities of an
organized gang.
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| Before July 1, 1994, for the purposes of this | 3 |
| paragraph, "organized
gang" means an association of 5 | 4 |
| or more persons, with an established hierarchy,
that | 5 |
| encourages members of the association to perpetrate | 6 |
| crimes or provides
support to the members of the | 7 |
| association who do commit crimes.
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| Beginning July 1, 1994, for the purposes of this | 9 |
| paragraph,
"organized gang" has the meaning ascribed | 10 |
| to it in Section 10 of the Illinois
Streetgang | 11 |
| Terrorism Omnibus Prevention Act.
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| (K) Vehicular hijacking.
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| (L) A second or subsequent conviction for the | 14 |
| offense of hate crime
when the underlying offense upon | 15 |
| which the hate crime is based is felony
aggravated
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| assault or felony mob action.
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| (M) A second or subsequent conviction for the | 18 |
| offense of institutional
vandalism if the damage to the | 19 |
| property exceeds $300.
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| (N) A Class 3 felony violation of paragraph (1) of | 21 |
| subsection (a) of
Section 2 of the Firearm Owners | 22 |
| Identification Card Act.
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| (O) A violation of Section 12-6.1 of the Criminal | 24 |
| Code of 1961.
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| (P) A violation of paragraph (1), (2), (3), (4), | 26 |
| (5), or (7) of
subsection (a)
of Section 11-20.1 of the | 27 |
| Criminal Code of 1961.
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| (Q) A violation of Section 20-1.2 or 20-1.3 of the | 29 |
| Criminal Code of
1961.
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| (R) A violation of Section 24-3A of the Criminal | 31 |
| Code of
1961.
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| (S) (Blank).
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| (T) A second or subsequent violation of the | 34 |
| Methamphetamine Control and Community Protection Act.
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| (3) (Blank).
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| (4) A minimum term of imprisonment of not less than 10
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| consecutive days or 30 days of community service shall be | 2 |
| imposed for a
violation of paragraph (c) of Section 6-303 | 3 |
| of the Illinois Vehicle Code.
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| (4.1) (Blank).
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| (4.2) Except as provided in paragraph (4.3) of this | 6 |
| subsection (c), a
minimum of
100 hours of community service | 7 |
| shall be imposed for a second violation of
Section 6-303
of | 8 |
| the Illinois Vehicle Code.
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| (4.3) A minimum term of imprisonment of 30 days or 300 | 10 |
| hours of community
service, as determined by the court, | 11 |
| shall
be imposed for a second violation of subsection (c) | 12 |
| of Section 6-303 of the
Illinois Vehicle Code.
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| (4.4) Except as provided in paragraph (4.5) and | 14 |
| paragraph (4.6) of this
subsection (c), a
minimum term of | 15 |
| imprisonment of 30 days or 300 hours of community service, | 16 |
| as
determined by the court, shall
be imposed
for a third or | 17 |
| subsequent violation of Section 6-303 of the Illinois | 18 |
| Vehicle
Code.
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| (4.5) A minimum term of imprisonment of 30 days
shall | 20 |
| be imposed for a third violation of subsection (c) of
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| Section 6-303 of the Illinois Vehicle Code.
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| (4.6) A minimum term of imprisonment of 180 days shall | 23 |
| be imposed for a
fourth or subsequent violation of | 24 |
| subsection (c) of Section 6-303 of the
Illinois Vehicle | 25 |
| Code.
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| (5) The court may sentence an offender convicted of a | 27 |
| business
offense or a petty offense or a corporation or | 28 |
| unincorporated
association convicted of any offense to:
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| (A) a period of conditional discharge;
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| (B) a fine;
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| (C) make restitution to the victim under Section | 32 |
| 5-5-6 of this Code.
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| (5.1) In addition to any penalties imposed under | 34 |
| paragraph (5) of this
subsection (c), and except as | 35 |
| provided in paragraph (5.2) or (5.3), a person
convicted of | 36 |
| violating subsection (c) of Section 11-907 of the Illinois
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| Vehicle Code shall have his or her driver's license, | 2 |
| permit, or privileges
suspended for at least 90 days but | 3 |
| not more than one year, if the violation
resulted in damage | 4 |
| to the property of another person.
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| (5.2) In addition to any penalties imposed under | 6 |
| paragraph (5) of this
subsection (c), and except as | 7 |
| provided in paragraph (5.3), a person convicted
of | 8 |
| violating subsection (c) of Section 11-907 of the Illinois | 9 |
| Vehicle Code
shall have his or her driver's license, | 10 |
| permit, or privileges suspended for at
least 180 days but | 11 |
| not more than 2 years, if the violation resulted in injury
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| to
another person.
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| (5.3) In addition to any penalties imposed under | 14 |
| paragraph (5) of
this
subsection (c), a person convicted of | 15 |
| violating subsection (c) of Section
11-907 of the Illinois | 16 |
| Vehicle Code shall have his or her driver's license,
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| permit, or privileges suspended for 2 years, if the | 18 |
| violation resulted in the
death of another person.
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| (6) In no case shall an offender be eligible for a | 20 |
| disposition of
probation or conditional discharge for a | 21 |
| Class 1 felony committed while
he was serving a term of | 22 |
| probation or conditional discharge for a felony.
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| (7) When a defendant is adjudged a habitual criminal | 24 |
| under Article
33B of the Criminal Code of 1961, the court | 25 |
| shall sentence
the defendant to a term of natural life | 26 |
| imprisonment.
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| (8) When a defendant, over the age of 21 years, is | 28 |
| convicted of a
Class 1 or Class 2 felony, after having | 29 |
| twice been convicted
in any state or
federal court of an | 30 |
| offense that contains the same elements as an offense now
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| classified in Illinois as a Class 2 or greater Class felony
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| and such charges are
separately brought and tried and arise | 33 |
| out of different series of acts,
such defendant shall be | 34 |
| sentenced as a Class X offender. This paragraph
shall not | 35 |
| apply unless (1) the first felony was committed after the
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| effective date of this amendatory Act of 1977; and (2) the |
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| second felony
was committed after conviction on the first; | 2 |
| and (3) the third felony
was committed after conviction on | 3 |
| the second.
A person sentenced as a Class X offender under | 4 |
| this paragraph is not
eligible to apply for treatment as a | 5 |
| condition of probation as provided by
Section 40-10 of the | 6 |
| Alcoholism and Other Drug Abuse and Dependency Act.
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| (9) A defendant convicted of a second or subsequent | 8 |
| offense of ritualized
abuse of a child may be sentenced to | 9 |
| a term of natural life imprisonment.
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| (10) (Blank).
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| (11) The court shall impose a minimum fine of $1,000 | 12 |
| for a first offense
and $2,000 for a second or subsequent | 13 |
| offense upon a person convicted of or
placed on supervision | 14 |
| for battery when the individual harmed was a sports
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| official or coach at any level of competition and the act | 16 |
| causing harm to the
sports
official or coach occurred | 17 |
| within an athletic facility or within the immediate | 18 |
| vicinity
of the athletic facility at which the sports | 19 |
| official or coach was an active
participant
of the athletic | 20 |
| contest held at the athletic facility. For the purposes of
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| this paragraph (11), "sports official" means a person at an | 22 |
| athletic contest
who enforces the rules of the contest, | 23 |
| such as an umpire or referee; "athletic facility" means an | 24 |
| indoor or outdoor playing field or recreational area where | 25 |
| sports activities are conducted;
and "coach" means a person | 26 |
| recognized as a coach by the sanctioning
authority that | 27 |
| conducted the sporting event. | 28 |
| (12) A person may not receive a disposition of court | 29 |
| supervision for a
violation of Section 5-16 of the Boat | 30 |
| Registration and Safety Act if that
person has previously | 31 |
| received a disposition of court supervision for a
violation | 32 |
| of that Section.
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| (d) In any case in which a sentence originally imposed is | 34 |
| vacated,
the case shall be remanded to the trial court. The | 35 |
| trial court shall
hold a hearing under Section 5-4-1 of the | 36 |
| Unified Code of Corrections
which may include evidence of the |
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| defendant's life, moral character and
occupation during the | 2 |
| time since the original sentence was passed. The
trial court | 3 |
| shall then impose sentence upon the defendant. The trial
court | 4 |
| may impose any sentence which could have been imposed at the
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| original trial subject to Section 5-5-4 of the Unified Code of | 6 |
| Corrections.
If a sentence is vacated on appeal or on | 7 |
| collateral attack due to the
failure of the trier of fact at | 8 |
| trial to determine beyond a reasonable doubt
the
existence of a | 9 |
| fact (other than a prior conviction) necessary to increase the
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| punishment for the offense beyond the statutory maximum | 11 |
| otherwise applicable,
either the defendant may be re-sentenced | 12 |
| to a term within the range otherwise
provided or, if the State | 13 |
| files notice of its intention to again seek the
extended | 14 |
| sentence, the defendant shall be afforded a new trial.
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| (e) In cases where prosecution for
aggravated criminal | 16 |
| sexual abuse under Section 12-16 of the
Criminal Code of 1961 | 17 |
| results in conviction of a defendant
who was a family member of | 18 |
| the victim at the time of the commission of the
offense, the | 19 |
| court shall consider the safety and welfare of the victim and
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| may impose a sentence of probation only where:
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| (1) the court finds (A) or (B) or both are appropriate:
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| (A) the defendant is willing to undergo a court | 23 |
| approved counseling
program for a minimum duration of 2 | 24 |
| years; or
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| (B) the defendant is willing to participate in a | 26 |
| court approved plan
including but not limited to the | 27 |
| defendant's:
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| (i) removal from the household;
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| (ii) restricted contact with the victim;
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| (iii) continued financial support of the | 31 |
| family;
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| (iv) restitution for harm done to the victim; | 33 |
| and
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| (v) compliance with any other measures that | 35 |
| the court may
deem appropriate; and
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| (2) the court orders the defendant to pay for the |
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| victim's counseling
services, to the extent that the court | 2 |
| finds, after considering the
defendant's income and | 3 |
| assets, that the defendant is financially capable of
paying | 4 |
| for such services, if the victim was under 18 years of age | 5 |
| at the
time the offense was committed and requires | 6 |
| counseling as a result of the
offense.
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| Probation may be revoked or modified pursuant to Section | 8 |
| 5-6-4; except
where the court determines at the hearing that | 9 |
| the defendant violated a
condition of his or her probation | 10 |
| restricting contact with the victim or
other family members or | 11 |
| commits another offense with the victim or other
family | 12 |
| members, the court shall revoke the defendant's probation and
| 13 |
| impose a term of imprisonment.
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| For the purposes of this Section, "family member" and | 15 |
| "victim" shall have
the meanings ascribed to them in Section | 16 |
| 12-12 of the Criminal Code of
1961.
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| (f) This Article shall not deprive a court in other | 18 |
| proceedings to
order a forfeiture of property, to suspend or | 19 |
| cancel a license, to
remove a person from office, or to impose | 20 |
| any other civil penalty.
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| (g) Whenever a defendant is convicted of an offense under | 22 |
| Sections
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, | 23 |
| 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 12-14.1, 12-15 or 12-16 | 24 |
| of the Criminal Code of 1961,
the defendant shall undergo | 25 |
| medical testing to
determine whether the defendant has any | 26 |
| sexually transmissible disease,
including a test for infection | 27 |
| with human immunodeficiency virus (HIV) or
any other identified | 28 |
| causative agent of acquired immunodeficiency syndrome
(AIDS). | 29 |
| Any such medical test shall be performed only by appropriately
| 30 |
| licensed medical practitioners and may include an analysis of | 31 |
| any bodily
fluids as well as an examination of the defendant's | 32 |
| person.
Except as otherwise provided by law, the results of | 33 |
| such test shall be kept
strictly confidential by all medical | 34 |
| personnel involved in the testing and must
be personally | 35 |
| delivered in a sealed envelope to the judge of the court in | 36 |
| which
the conviction was entered for the judge's inspection in |
|
|
|
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|
| 1 |
| camera. Acting in
accordance with the best interests of the | 2 |
| victim and the public, the judge
shall have the discretion to | 3 |
| determine to whom, if anyone, the results of the
testing may be | 4 |
| revealed. The court shall notify the defendant
of the test | 5 |
| results. The court shall
also notify the victim if requested by | 6 |
| the victim, and if the victim is under
the age of 15 and if | 7 |
| requested by the victim's parents or legal guardian, the
court | 8 |
| shall notify the victim's parents or legal guardian of the test
| 9 |
| results.
The court shall provide information on the | 10 |
| availability of HIV testing
and counseling at Department of | 11 |
| Public Health facilities to all parties to
whom the results of | 12 |
| the testing are revealed and shall direct the State's
Attorney | 13 |
| to provide the information to the victim when possible.
A | 14 |
| State's Attorney may petition the court to obtain the results | 15 |
| of any HIV test
administered under this Section, and the court | 16 |
| shall grant the disclosure if
the State's Attorney shows it is | 17 |
| relevant in order to prosecute a charge of
criminal | 18 |
| transmission of HIV under Section 12-16.2 of the Criminal Code | 19 |
| of 1961
against the defendant. The court shall order that the | 20 |
| cost of any such test
shall be paid by the county and may be | 21 |
| taxed as costs against the convicted
defendant.
| 22 |
| (g-5) When an inmate is tested for an airborne communicable | 23 |
| disease, as
determined by the Illinois Department of Public | 24 |
| Health including but not
limited to tuberculosis, the results | 25 |
| of the test shall be
personally delivered by the warden or his | 26 |
| or her designee in a sealed envelope
to the judge of the court | 27 |
| in which the inmate must appear for the judge's
inspection in | 28 |
| camera if requested by the judge. Acting in accordance with the
| 29 |
| best interests of those in the courtroom, the judge shall have | 30 |
| the discretion
to determine what if any precautions need to be | 31 |
| taken to prevent transmission
of the disease in the courtroom.
| 32 |
| (h) Whenever a defendant is convicted of an offense under | 33 |
| Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | 34 |
| defendant shall undergo
medical testing to determine whether | 35 |
| the defendant has been exposed to human
immunodeficiency virus | 36 |
| (HIV) or any other identified causative agent of
acquired |
|
|
|
HB5523 |
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|
| 1 |
| immunodeficiency syndrome (AIDS). Except as otherwise provided | 2 |
| by
law, the results of such test shall be kept strictly | 3 |
| confidential by all
medical personnel involved in the testing | 4 |
| and must be personally delivered in a
sealed envelope to the | 5 |
| judge of the court in which the conviction was entered
for the | 6 |
| judge's inspection in camera. Acting in accordance with the | 7 |
| best
interests of the public, the judge shall have the | 8 |
| discretion to determine to
whom, if anyone, the results of the | 9 |
| testing may be revealed. The court shall
notify the defendant | 10 |
| of a positive test showing an infection with the human
| 11 |
| immunodeficiency virus (HIV). The court shall provide | 12 |
| information on the
availability of HIV testing and counseling | 13 |
| at Department of Public Health
facilities to all parties to | 14 |
| whom the results of the testing are revealed and
shall direct | 15 |
| the State's Attorney to provide the information to the victim | 16 |
| when
possible. A State's Attorney may petition the court to | 17 |
| obtain the results of
any HIV test administered under this | 18 |
| Section, and the court shall grant the
disclosure if the | 19 |
| State's Attorney shows it is relevant in order to prosecute a
| 20 |
| charge of criminal transmission of HIV under Section 12-16.2 of | 21 |
| the Criminal
Code of 1961 against the defendant. The court | 22 |
| shall order that the cost of any
such test shall be paid by the | 23 |
| county and may be taxed as costs against the
convicted | 24 |
| defendant.
| 25 |
| (i) All fines and penalties imposed under this Section for | 26 |
| any violation
of Chapters 3, 4, 6, and 11 of the Illinois | 27 |
| Vehicle Code, or a similar
provision of a local ordinance, and | 28 |
| any violation
of the Child Passenger Protection Act, or a | 29 |
| similar provision of a local
ordinance, shall be collected and | 30 |
| disbursed by the circuit
clerk as provided under Section 27.5 | 31 |
| of the Clerks of Courts Act.
| 32 |
| (j) In cases when prosecution for any violation of Section | 33 |
| 11-6, 11-8,
11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, | 34 |
| 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | 35 |
| 11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal | 36 |
| Code of 1961, any violation of the Illinois Controlled |
|
|
|
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|
| 1 |
| Substances Act,
any violation of the Cannabis Control Act, or | 2 |
| any violation of the Methamphetamine Control and Community | 3 |
| Protection Act results in conviction, a
disposition of court | 4 |
| supervision, or an order of probation granted under
Section 10 | 5 |
| of the Cannabis Control Act, Section 410 of the Illinois
| 6 |
| Controlled Substance Act, or Section 70 of the Methamphetamine | 7 |
| Control and Community Protection Act of a defendant, the court | 8 |
| shall determine whether the
defendant is employed by a facility | 9 |
| or center as defined under the Child Care
Act of 1969, a public | 10 |
| or private elementary or secondary school, or otherwise
works | 11 |
| with children under 18 years of age on a daily basis. When a | 12 |
| defendant
is so employed, the court shall order the Clerk of | 13 |
| the Court to send a copy of
the judgment of conviction or order | 14 |
| of supervision or probation to the
defendant's employer by | 15 |
| certified mail.
If the employer of the defendant is a school, | 16 |
| the Clerk of the Court shall
direct the mailing of a copy of | 17 |
| the judgment of conviction or order of
supervision or probation | 18 |
| to the appropriate regional superintendent of schools.
The | 19 |
| regional superintendent of schools shall notify the State Board | 20 |
| of
Education of any notification under this subsection.
| 21 |
| (j-5) A defendant at least 17 years of age who is convicted | 22 |
| of a felony and
who has not been previously convicted of a | 23 |
| misdemeanor or felony and who is
sentenced to a term of | 24 |
| imprisonment in the Illinois Department of Corrections
shall as | 25 |
| a condition of his or her sentence be required by the court to | 26 |
| attend
educational courses designed to prepare the defendant | 27 |
| for a high school diploma
and to work toward a high school | 28 |
| diploma or to work toward passing the high
school level Test of | 29 |
| General Educational Development (GED) or to work toward
| 30 |
| completing a vocational training program offered by the | 31 |
| Department of
Corrections. If a defendant fails to complete the | 32 |
| educational training
required by his or her sentence during the | 33 |
| term of incarceration, the Prisoner
Review Board shall, as a | 34 |
| condition of mandatory supervised release, require the
| 35 |
| defendant, at his or her own expense, to pursue a course of | 36 |
| study toward a high
school diploma or passage of the GED test. |
|
|
|
HB5523 |
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LRB094 16031 AJO 51266 b |
|
| 1 |
| The Prisoner Review Board shall
revoke the mandatory supervised | 2 |
| release of a defendant who wilfully fails to
comply with this | 3 |
| subsection (j-5) upon his or her release from confinement in a
| 4 |
| penal institution while serving a mandatory supervised release | 5 |
| term; however,
the inability of the defendant after making a | 6 |
| good faith effort to obtain
financial aid or pay for the | 7 |
| educational training shall not be deemed a wilful
failure to | 8 |
| comply. The Prisoner Review Board shall recommit the defendant
| 9 |
| whose mandatory supervised release term has been revoked under | 10 |
| this subsection
(j-5) as provided in Section 3-3-9. This | 11 |
| subsection (j-5) does not apply to a
defendant who has a high | 12 |
| school diploma or has successfully passed the GED
test. This | 13 |
| subsection (j-5) does not apply to a defendant who is | 14 |
| determined by
the court to be developmentally disabled or | 15 |
| otherwise mentally incapable of
completing the educational or | 16 |
| vocational program.
| 17 |
| (k) A court may not impose a sentence or disposition for a
| 18 |
| felony or misdemeanor that requires the defendant to be | 19 |
| implanted or injected
with or to use any form of birth control.
| 20 |
| (l) (A) Except as provided
in paragraph (C) of subsection | 21 |
| (l), whenever a defendant,
who is an alien as defined by | 22 |
| the Immigration and Nationality Act, is convicted
of any | 23 |
| felony or misdemeanor offense, the court after sentencing | 24 |
| the defendant
may, upon motion of the State's Attorney, | 25 |
| hold sentence in abeyance and remand
the defendant to the | 26 |
| custody of the Attorney General of
the United States or his | 27 |
| or her designated agent to be deported when:
| 28 |
| (1) a final order of deportation has been issued | 29 |
| against the defendant
pursuant to proceedings under | 30 |
| the Immigration and Nationality Act, and
| 31 |
| (2) the deportation of the defendant would not | 32 |
| deprecate the seriousness
of the defendant's conduct | 33 |
| and would not be inconsistent with the ends of
justice.
| 34 |
| Otherwise, the defendant shall be sentenced as | 35 |
| provided in this Chapter V.
| 36 |
| (B) If the defendant has already been sentenced for a |
|
|
|
HB5523 |
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LRB094 16031 AJO 51266 b |
|
| 1 |
| felony or
misdemeanor
offense, or has been placed on | 2 |
| probation under Section 10 of the Cannabis
Control Act,
| 3 |
| Section 410 of the Illinois Controlled Substances Act, or | 4 |
| Section 70 of the Methamphetamine Control and Community | 5 |
| Protection Act, the court
may, upon motion of the State's | 6 |
| Attorney to suspend the
sentence imposed, commit the | 7 |
| defendant to the custody of the Attorney General
of the | 8 |
| United States or his or her designated agent when:
| 9 |
| (1) a final order of deportation has been issued | 10 |
| against the defendant
pursuant to proceedings under | 11 |
| the Immigration and Nationality Act, and
| 12 |
| (2) the deportation of the defendant would not | 13 |
| deprecate the seriousness
of the defendant's conduct | 14 |
| and would not be inconsistent with the ends of
justice.
| 15 |
| (C) This subsection (l) does not apply to offenders who | 16 |
| are subject to the
provisions of paragraph (2) of | 17 |
| subsection (a) of Section 3-6-3.
| 18 |
| (D) Upon motion of the State's Attorney, if a defendant | 19 |
| sentenced under
this Section returns to the jurisdiction of | 20 |
| the United States, the defendant
shall be recommitted to | 21 |
| the custody of the county from which he or she was
| 22 |
| sentenced.
Thereafter, the defendant shall be brought | 23 |
| before the sentencing court, which
may impose any sentence | 24 |
| that was available under Section 5-5-3 at the time of
| 25 |
| initial sentencing. In addition, the defendant shall not be | 26 |
| eligible for
additional good conduct credit for | 27 |
| meritorious service as provided under
Section 3-6-6.
| 28 |
| (m) A person convicted of criminal defacement of property | 29 |
| under Section
21-1.3 of the Criminal Code of 1961, in which the | 30 |
| property damage exceeds $300
and the property damaged is a | 31 |
| school building, shall be ordered to perform
community service | 32 |
| that may include cleanup, removal, or painting over the
| 33 |
| defacement.
| 34 |
| (n) The court may sentence a person convicted of a | 35 |
| violation of Section
12-19, 12-21, or 16-1.3 of the Criminal | 36 |
| Code of 1961 (i) to an impact
incarceration program if the |
|
|
|
HB5523 |
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LRB094 16031 AJO 51266 b |
|
| 1 |
| person is otherwise eligible for that program
under Section | 2 |
| 5-8-1.1, (ii) to community service, or (iii) if the person is | 3 |
| an
addict or alcoholic, as defined in the Alcoholism and Other | 4 |
| Drug Abuse and
Dependency Act, to a substance or alcohol abuse | 5 |
| program licensed under that
Act.
| 6 |
| (o) Whenever a defendant is convicted of an offense that | 7 |
| qualifies the defendant to be designated as a "sex offender" or | 8 |
| a "sexual predator" under the Sex Offender Registration Act, | 9 |
| the court after the conviction shall enter an order, or include | 10 |
| in another order, that provides the defendant with notice, | 11 |
| pursuant to the Protection of Children Related to Sex Offenders | 12 |
| Act: | 13 |
| (1) That effective on the date of the court's order, | 14 |
| the defendant is barred from that day on from the | 15 |
| following: | 16 |
| (A) living in the same dwelling unit with any minor | 17 |
| child of whom the defendant is a parent, grandparent, | 18 |
| or great-grandparent; | 19 |
| (B) visiting at any location, with any minor child | 20 |
| of whom the defendant is a parent, grandparent, or | 21 |
| great-grandparent or exercising any visitation rights | 22 |
| with any minor child of whom the defendant is the | 23 |
| parent, grandparent, or great-grandparent; | 24 |
| (C) living in the same dwelling unit with another | 25 |
| person and that other person's minor child; | 26 |
| (D) visiting, at any location, any minor child or | 27 |
| exercising any visitation rights with a minor child; | 28 |
| (E) serving as a guardian of the person, guardian | 29 |
| of the estate, or plenary guardian of a minor child; | 30 |
| (F) petitioning any court for the adoption of, the | 31 |
| temporary custody of, or visitation with any minor | 32 |
| child, including a minor child of whom the defendant is | 33 |
| a parent, grandparent, great-grandparent, stepparent, | 34 |
| or guardian; or
| 35 |
| (G) serving as a "foster parent", as defined in the | 36 |
| Foster Parent Law, of any minor child. |
|
|
|
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LRB094 16031 AJO 51266 b |
|
| 1 |
| (2) Nothing in this court order disturbs the obligation | 2 |
| of the defendant to pay child support, provide health | 3 |
| insurance, or to otherwise provide for a minor child of | 4 |
| whom the defendant is a parent.
| 5 |
| Following the conviction of a defendant for an offense | 6 |
| included in the list of offenses contained in the definition of | 7 |
| "sex offender" or the definition of "sexual predator" in the | 8 |
| Sex Offender Registration Act, the court shall determine | 9 |
| whether the defendant has any minor children, grandchildren, or | 10 |
| great-grandchildren, any adult children, any minor | 11 |
| step-children, any minor wards of which the defendant is a | 12 |
| guardian, and whether any minor child occupies any part of the | 13 |
| defendant's dwelling; and if so, the court shall obtain | 14 |
| information about each person, or in the case of a minor child, | 15 |
| information about the minor child's parents, including the | 16 |
| person's name, address, telephone number, and the relationship | 17 |
| of each person to the defendant. The defendant shall also | 18 |
| provide to the court "basic information" about any legal | 19 |
| proceeding in which the defendant is now or has been a party | 20 |
| concerning dissolution of marriage, child custody, child | 21 |
| visitation, paternity, or other similar proceeding that | 22 |
| concerned a minor child. "Basic information" about any legal | 23 |
| proceeding includes, but is not limited to, the following: name | 24 |
| and case number of the legal proceeding; state and county in | 25 |
| which the legal proceeding is located; the year the proceeding | 26 |
| began; the dates of any final orders; and the dates of any | 27 |
| orders concerning custody of or visitation with a minor child. | 28 |
| After a defendant is convicted of an offense included in | 29 |
| the definitions of "sex offender" or "sexual predator", the | 30 |
| court shall require that the clerk of the circuit court send a | 31 |
| notice of conviction to the defendant's spouse, former spouse | 32 |
| of the defendant, the adult children of the defendant, the | 33 |
| parents of any minor child of whom the defendant is a | 34 |
| grandparent, great-grandparent, stepparent, or guardian, and | 35 |
| any person with whom the defendant had a child. The notice of | 36 |
| conviction shall include the defendant's name and address, a |
|
|
|
HB5523 |
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LRB094 16031 AJO 51266 b |
|
| 1 |
| statement that the defendant was convicted of a crime that is | 2 |
| included in the definitions of "sex offender" or "sexual | 3 |
| predator", the name and nature of the offense of which the | 4 |
| defendant was convicted, the court case file number and the | 5 |
| location of the court in which the defendant was convicted, and | 6 |
| a statement that the court entered an order barring the | 7 |
| defendant from having custody of or visitation with any minor | 8 |
| child including any minor child, of whom the defendant is a | 9 |
| parent, grandparent, great-grandparent, stepparent, or | 10 |
| guardian. The circuit clerk shall also forward a copy of the | 11 |
| notice of a conviction and a copy of the order referred to in | 12 |
| Section 5 to the circuit clerk of any county, or the similar | 13 |
| officer in a county in another state, in which there are any | 14 |
| pending legal proceedings concerning the custody of or | 15 |
| visitation with a minor child of whom the defendant is a | 16 |
| parent, grandparent, great-grandparent, stepparent, or | 17 |
| guardian. Nothing in this subsection (o) disturbs the | 18 |
| obligation of a defendant to pay child support or to otherwise | 19 |
| provide for his or her minor children.
| 20 |
| (Source: P.A. 93-44, eff. 7-1-03; 93-156, eff. 1-1-04; 93-169, | 21 |
| eff. 7-10-03; 93-301, eff. 1-1-04; 93-419, eff. 1-1-04; 93-546, | 22 |
| eff. 1-1-04; 93-694, eff. 7-9-04; 93-782, eff. 1-1-05; 93-800, | 23 |
| eff. 1-1-05; 93-1014, eff. 1-1-05; 94-72, eff. 1-1-06; 94-556, | 24 |
| eff. 9-11-05; revised 8-19-05.)
| 25 |
| Section 30. The Sex Offender Registration Act is amended by | 26 |
| changing Sections 3, 4, and 5 as follows: | 27 |
| (730 ILCS 150/3) (from Ch. 38, par. 223) | 28 |
| Sec. 3. Duty to register.
| 29 |
| (a) A sex offender, as defined in Section 2 of this Act, or | 30 |
| sexual
predator shall, within the time period
prescribed in | 31 |
| subsections (b) and (c), register in person
and provide | 32 |
| accurate information as required by the Department of State
| 33 |
| Police. Such information shall include a current photograph,
| 34 |
| current address,
current place of employment, the employer's |
|
|
|
HB5523 |
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LRB094 16031 AJO 51266 b |
|
| 1 |
| telephone number, school attended, extensions of the time | 2 |
| period for registering as provided in this Article and, if an | 3 |
| extension was granted, the reason why the extension was granted | 4 |
| and the date the sex offender was notified of the extension. | 5 |
| Such information shall also include: marital status; the names, | 6 |
| addresses, and telephone numbers of any child, grandchild, | 7 |
| great-grandchild, stepchild, ward, and of any minor child who | 8 |
| lives at the residence of the sex offender or sexual predator; | 9 |
| if any person in any of these categories is a minor, the names, | 10 |
| addresses, and telephone numbers of the parents of the minor; | 11 |
| and, if applicable, a copy of a court order entered pursuant to | 12 |
| subsection (o) of Section 5-5-3 of the Uniform Code of | 13 |
| Corrections and the Protection of Children Related to Sex | 14 |
| Offenders Act. A person who has been adjudicated a juvenile | 15 |
| delinquent for an act which, if committed by an adult, would be | 16 |
| a sex offense shall register as an adult sex offender within 10 | 17 |
| days after attaining 17 years of age. The sex offender or
| 18 |
| sexual predator shall register:
| 19 |
| (1) with the chief of police in the municipality in | 20 |
| which he or she
resides or is temporarily domiciled for a | 21 |
| period of time of 5 or more
days, unless the
municipality | 22 |
| is the City of Chicago, in which case he or she shall | 23 |
| register
at the Chicago Police Department Headquarters; or
| 24 |
| (2) with the sheriff in the county in which
he or she | 25 |
| resides or is
temporarily domiciled
for a period of time of | 26 |
| 5 or more days in an unincorporated
area or, if | 27 |
| incorporated, no police chief exists.
| 28 |
| If the sex offender or sexual predator is employed at or | 29 |
| attends an institution of higher education, he or she shall | 30 |
| register:
| 31 |
| (i) with the chief of police in the municipality in | 32 |
| which he or she is employed at or attends an institution of | 33 |
| higher education, unless the municipality is the City of | 34 |
| Chicago, in which case he or she shall register at the | 35 |
| Chicago Police Department Headquarters; or | 36 |
| (ii) with the sheriff in the county in which he or she |
|
|
|
HB5523 |
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LRB094 16031 AJO 51266 b |
|
| 1 |
| is employed or attends an institution of higher education | 2 |
| located in an unincorporated area, or if incorporated, no | 3 |
| police chief exists.
| 4 |
| For purposes of this Article, the place of residence or | 5 |
| temporary
domicile is defined as any and all places where the | 6 |
| sex offender resides
for an aggregate period of time of 5 or | 7 |
| more days during any calendar year.
Any person required to | 8 |
| register under this Article who lacks a fixed address or | 9 |
| temporary domicile must notify, in person, the agency of | 10 |
| jurisdiction of his or her last known address within 5 days | 11 |
| after ceasing to have a fixed residence.
| 12 |
| Any person who lacks a fixed residence must report weekly, | 13 |
| in person, with the sheriff's office of the county in which he | 14 |
| or she is located in an unincorporated area, or with the chief | 15 |
| of police in the municipality in which he or she is located. | 16 |
| The agency of jurisdiction will document each weekly | 17 |
| registration to include all the locations where the person has | 18 |
| stayed during the past 7 days.
| 19 |
| The sex offender or sexual predator shall provide accurate | 20 |
| information
as required by the Department of State Police. That | 21 |
| information shall include
the sex offender's or sexual | 22 |
| predator's current place of employment.
Such information shall | 23 |
| also include: marital status; the names, addresses, and | 24 |
| telephone numbers of any child, grandchild, great-grandchild, | 25 |
| stepchild, ward, and of any minor child who lives at the | 26 |
| residence of the sex offender or sexual predator; if any person | 27 |
| in any of these categories is a minor, the names, addresses, | 28 |
| and telephone numbers of the parents of the minor; and, if | 29 |
| applicable, a copy of a court order entered pursuant to | 30 |
| subsection (o) of Section 5-5-3 of the Uniform Code of | 31 |
| Corrections and the Protection of Children Related to Sex | 32 |
| Offenders Act.
| 33 |
| (a-5) An out-of-state student or out-of-state employee | 34 |
| shall,
within 5 days after beginning school or employment in | 35 |
| this State,
register in person and provide accurate information | 36 |
| as required by the
Department of State Police. Such information |
|
|
|
HB5523 |
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LRB094 16031 AJO 51266 b |
|
| 1 |
| will include current place of
employment, school attended, and | 2 |
| address in state of residence. Such information shall also | 3 |
| include: marital status; the names, addresses, and telephone | 4 |
| numbers of any child, grandchild, great-grandchild, stepchild, | 5 |
| ward, and of any minor child who lives at the residence of the | 6 |
| sex offender or sexual predator; if any person in any of these | 7 |
| categories is a minor, the names, addresses, and telephone | 8 |
| numbers of the parents of the minor; and, if applicable, a copy | 9 |
| of a court order entered pursuant to subsection (o) of Section | 10 |
| 5-5-3 of the Uniform Code of Corrections and the Protection of | 11 |
| Children Related to Sex Offenders Act. The out-of-state student | 12 |
| or out-of-state employee shall register:
| 13 |
| (1) with the chief of police in the municipality in | 14 |
| which he or she attends school or is employed for a period | 15 |
| of time of 5
or more days or for an
aggregate period of | 16 |
| time of more than 30 days during any
calendar year, unless | 17 |
| the
municipality is the City of Chicago, in which case he | 18 |
| or she shall register at
the Chicago Police Department | 19 |
| Headquarters; or
| 20 |
| (2) with the sheriff in the county in which
he or she | 21 |
| attends school or is
employed for a period of time of 5 or | 22 |
| more days or
for an aggregate period of
time of more than | 23 |
| 30 days during any calendar year in an
unincorporated area
| 24 |
| or, if incorporated, no police chief exists.
| 25 |
| The out-of-state student or out-of-state employee shall | 26 |
| provide accurate
information as required by the Department of | 27 |
| State Police. That information
shall include the out-of-state | 28 |
| student's current place of school attendance or
the | 29 |
| out-of-state employee's current place of employment.
Such | 30 |
| information shall also include: marital status; the names, | 31 |
| addresses, and telephone numbers of any child, grandchild, | 32 |
| great-grandchild, stepchild, ward, and of any minor child who | 33 |
| lives at the residence of the sex offender or sexual predator; | 34 |
| if any person in any of these categories is a minor, the names, | 35 |
| addresses, and telephone numbers of the parents of the minor; | 36 |
| and, if applicable, a copy of a court order entered pursuant to |
|
|
|
HB5523 |
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LRB094 16031 AJO 51266 b |
|
| 1 |
| subsection (o) of Section 5-5-3 of the Uniform Code of | 2 |
| Corrections and the Protection of Children Related to Sex | 3 |
| Offenders Act.
| 4 |
| (b) Any sex offender, as defined in Section 2 of this Act, | 5 |
| or sexual
predator, regardless of any initial,
prior, or other | 6 |
| registration, shall, within 5 days of beginning school,
or | 7 |
| establishing a
residence, place of employment, or temporary | 8 |
| domicile in
any county, register in person as set forth in | 9 |
| subsection (a)
or (a-5).
| 10 |
| (c) The registration for any person required to register | 11 |
| under this
Article shall be as follows:
| 12 |
| (1) Any person registered under the Habitual Child Sex | 13 |
| Offender
Registration Act or the Child Sex Offender | 14 |
| Registration Act prior to January
1, 1996, shall be deemed | 15 |
| initially registered as of January 1, 1996; however,
this | 16 |
| shall not be construed to extend the duration of | 17 |
| registration set forth
in Section 7.
| 18 |
| (2) Except as provided in subsection (c)(4), any person | 19 |
| convicted or
adjudicated prior to January 1, 1996, whose | 20 |
| liability for registration under
Section 7 has not expired, | 21 |
| shall register in person prior to January 31,
1996.
| 22 |
| (2.5) Except as provided in subsection (c)(4), any | 23 |
| person who has not
been notified of his or her | 24 |
| responsibility to register shall be notified by a
criminal | 25 |
| justice entity of his or her responsibility to register. | 26 |
| Upon
notification the person must then register within 5 | 27 |
| days of notification of
his or her requirement to register. | 28 |
| If notification is not made within the
offender's 10 year | 29 |
| registration requirement, and the Department of State
| 30 |
| Police determines no evidence exists or indicates the | 31 |
| offender attempted to
avoid registration, the offender | 32 |
| will no longer be required to register under
this Act.
| 33 |
| (3) Except as provided in subsection (c)(4), any person | 34 |
| convicted on
or after January 1, 1996, shall register in | 35 |
| person within 5 days after the
entry of the sentencing | 36 |
| order based upon his or her conviction.
|
|
|
|
HB5523 |
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LRB094 16031 AJO 51266 b |
|
| 1 |
| (4) Any person unable to comply with the registration | 2 |
| requirements of
this Article because he or she is confined, | 3 |
| institutionalized,
or imprisoned in Illinois on or after | 4 |
| January 1, 1996, shall register in person
within 5 days of | 5 |
| discharge, parole or release.
| 6 |
| (5) The person shall provide positive identification | 7 |
| and documentation
that substantiates proof of residence at | 8 |
| the registering address.
| 9 |
| (6) The person shall pay a $20
initial registration fee | 10 |
| and
a $10
annual
renewal fee. The fees shall be used by the | 11 |
| registering agency for official
purposes. The agency shall | 12 |
| establish procedures to document receipt and use
of the | 13 |
| funds.
The law enforcement agency having jurisdiction may | 14 |
| waive the registration fee
if it determines that the person | 15 |
| is indigent and unable to pay the registration
fee.
Ten | 16 |
| dollars for the initial registration fee and $5 of the | 17 |
| annual renewal fee
shall be used by the registering agency | 18 |
| for official purposes. Ten dollars of
the initial | 19 |
| registration fee and $5 of the annual fee shall be | 20 |
| deposited into
the Sex Offender Management Board Fund under | 21 |
| Section 19 of the Sex Offender
Management Board Act. Money | 22 |
| deposited into the Sex Offender Management Board
Fund shall | 23 |
| be administered by the Sex Offender Management Board and | 24 |
| shall be
used to
fund practices endorsed or required by the | 25 |
| Sex Offender Management Board Act
including but not limited | 26 |
| to sex offenders evaluation, treatment, or
monitoring | 27 |
| programs that are or may be developed, as well as for
| 28 |
| administrative costs, including staff, incurred by the | 29 |
| Board.
| 30 |
| (d) Within 5 days after obtaining or changing employment | 31 |
| and, if employed
on January 1, 2000, within 5 days after that | 32 |
| date, a person required to
register under this Section must | 33 |
| report, in person to the law
enforcement agency having | 34 |
| jurisdiction, the business name and address where he
or she is | 35 |
| employed. If the person has multiple businesses or work | 36 |
| locations,
every business and work location must be reported to |
|
|
|
HB5523 |
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LRB094 16031 AJO 51266 b |
|
| 1 |
| the law enforcement agency
having jurisdiction.
| 2 |
| (e) If the chief of police of a municipality, the Chicago | 3 |
| Police Department, or the sheriff of a county determines from | 4 |
| the information supplied by the sex offender or the sexual | 5 |
| predator at the time of registration that there is a minor | 6 |
| child with whom the sex offender or sexual predator has a legal | 7 |
| or familial relationship or with whom the sex offender or | 8 |
| sexual predator resides and also determines that no order was | 9 |
| ever entered as to the sex offender or sexual predator pursuant | 10 |
| to Section 5-5-3 of the Uniform Code of Corrections and the | 11 |
| Protection of Children Related to Sex Offenders Act, this | 12 |
| information shall be forwarded to the State's attorney for that | 13 |
| county for the purpose of the State's attorney obtaining a | 14 |
| court order under the Protection of Children Related to Sex | 15 |
| Offenders Act against the sex offender or sexual predator for | 16 |
| the protection of all such minor children. Nothing in this | 17 |
| Section shall prevent the chief of police, the Chicago Police | 18 |
| Department, or the sheriff from monitoring, acting upon, | 19 |
| reporting, or otherwise addressing the circumstances of the sex | 20 |
| offender or sexual predator working, residing, or attending an | 21 |
| educational institution in the municipality or in the county, | 22 |
| by appropriate means which include, but are not limited to, | 23 |
| reporting this information to other law enforcement officials, | 24 |
| the Department of Children and Family Services, or any other | 25 |
| appropriate entity.
| 26 |
| (Source: P.A. 93-616, eff. 1-1-04; 93-979, eff. 8-20-04; | 27 |
| 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; revised 8-19-05.)
| 28 |
| (730 ILCS 150/4) (from Ch. 38, par. 224)
| 29 |
| Sec. 4. (a) Discharge of sex offender, as defined in | 30 |
| Section 2 of this Act,
or sexual predator from Department of
| 31 |
| Corrections
facility or other penal institution; duties of
| 32 |
| official in charge. Any sex offender, as defined in Section 2 | 33 |
| of this Act,
or sexual predator, as defined by this
Article, | 34 |
| who
is discharged, paroled or released from a Department of
| 35 |
| Corrections facility, a facility where such person was placed |
|
|
|
HB5523 |
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LRB094 16031 AJO 51266 b |
|
| 1 |
| by the
Department of Corrections or another penal institution, | 2 |
| and
whose liability for
registration has not terminated under | 3 |
| Section 7 shall, prior to discharge,
parole or release from the | 4 |
| facility or institution, be informed of his or her
duty to | 5 |
| register in person within 5 days of release by the
facility or | 6 |
| institution in which he or she was confined.
The facility or | 7 |
| institution shall also inform any person who must register
that | 8 |
| if he or she establishes a residence outside of the State of | 9 |
| Illinois,
is employed outside of the State of Illinois, or | 10 |
| attends school outside of
the
State of Illinois,
he
or she must | 11 |
| register in the new state within 5 days after establishing
the
| 12 |
| residence, beginning employment, or beginning school.
| 13 |
| (b) The facility shall require the person to read and sign | 14 |
| such form as may
be required by the Department of State Police | 15 |
| stating that the duty to
register and the procedure for | 16 |
| registration has been explained to him or her
and that he or | 17 |
| she understands the duty to register and the procedure for
| 18 |
| registration. The facility shall further advise the person in | 19 |
| writing that the
failure to register or other violation of this | 20 |
| Article shall result in
revocation of parole, mandatory | 21 |
| supervised release or conditional release.
The facility shall | 22 |
| obtain information about where the
person expects to reside, | 23 |
| work, and attend school upon
his or her discharge, parole or | 24 |
| release and shall report the information to the
Department of | 25 |
| State Police. The facility shall give one copy of the form
to | 26 |
| the person and shall send one copy to each of the law | 27 |
| enforcement agencies
having
jurisdiction where the person | 28 |
| expects to reside, work, and attend school
upon his or her | 29 |
| discharge,
parole or release and retain one copy for the files.
| 30 |
| Electronic data files which includes all notification form | 31 |
| information and
photographs of sex offenders being released | 32 |
| from an Illinois Department of
Corrections facility will be | 33 |
| shared on a regular basis as determined between
the Department | 34 |
| of State Police and the Department of Corrections.
| 35 |
| (c) The facility shall require the person to read and sign | 36 |
| such form as may be required by the Department of State Police |
|
|
|
HB5523 |
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LRB094 16031 AJO 51266 b |
|
| 1 |
| stating that the court order that bars the person from having | 2 |
| custody or visitation with any minor child, stepchild, | 3 |
| grandchild, great-grandchild, or ward of whom the person is the | 4 |
| guardian, or from residing with any minor child, has been | 5 |
| explained to him or her and that he or she understands the | 6 |
| court order that provides that: | 7 |
| (1) Effective on the date of the court's order that the | 8 |
| defendant is barred from the following: | 9 |
| (A) living in the same dwelling unit with any minor | 10 |
| child of whom the defendant is a parent, grandparent, | 11 |
| or great-grandparent; | 12 |
| (B) visiting at any location, with any minor child | 13 |
| of whom the defendant is a parent, grandparent, or | 14 |
| great-grandparent or exercising any visitation rights | 15 |
| with any minor child of whom the defendant is the | 16 |
| parent, grandparent, or great-grandparent; | 17 |
| (C) living in the same dwelling unit with another | 18 |
| person and that other person's minor child; | 19 |
| (D) visiting, at any location, any minor child or | 20 |
| exercising any visitation rights with a minor child; | 21 |
| (E) serving as a guardian of the person, guardian | 22 |
| of the estate, or plenary guardian of a minor child; | 23 |
| (F) petitioning any court for the adoption of, the | 24 |
| temporary custody of, or visitation with any minor | 25 |
| child, including a minor child of whom the defendant is | 26 |
| a parent, grandparent, great-grandparent, stepparent, | 27 |
| or guardian; or
| 28 |
| (G) serving as a "foster parent", as defined in the | 29 |
| Foster Parent Law, of any minor child. | 30 |
| (2) Nothing in this court order disturbs the obligation | 31 |
| of a person to pay child support, provide health insurance, | 32 |
| or to otherwise provide for a minor child of whom the | 33 |
| defendant is a parent.
| 34 |
|
| 35 |
| (Source: P.A. 94-168, eff. 1-1-06.)
|
|
|
|
HB5523 |
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LRB094 16031 AJO 51266 b |
|
| 1 |
| (730 ILCS 150/5) (from Ch. 38, par. 225)
| 2 |
| Sec. 5. Release of sex offender, as defined in Section 2 of | 3 |
| this Act, or
sexual predator; duties of the Court. | 4 |
| (a)
Any sex
offender, as defined in Section 2 of this Act, | 5 |
| or sexual predator, as
defined by this Article, who is released | 6 |
| on
probation or
discharged upon payment of a fine because of | 7 |
| the commission of one of the
offenses defined in subsection (B) | 8 |
| of Section 2 of this Article, shall, prior
to such release be | 9 |
| informed of his or her duty to register under this Article
by | 10 |
| the Court in which he or she was convicted. The Court shall | 11 |
| also inform
any person who must register that if he or she | 12 |
| establishes a residence
outside of the State of Illinois,
is | 13 |
| employed outside of the State of Illinois, or attends school | 14 |
| outside of
the
State of Illinois,
he or she must register in | 15 |
| the new state
within 5 days after establishing the residence, | 16 |
| beginning employment, or
beginning school. The Court shall | 17 |
| require
the person to read and sign such form as may be | 18 |
| required by the Department of
State Police stating that the | 19 |
| duty to register and the procedure for
registration has been | 20 |
| explained to him or her and that he or she understands
the duty | 21 |
| to register and the procedure for registration. The Court shall
| 22 |
| further advise the person in writing that the failure to | 23 |
| register or other
violation of this Article shall result in
| 24 |
| probation revocation.
The Court shall obtain information about
| 25 |
| where the person expects to reside, work, and attend school | 26 |
| upon his or
her release, and shall report the
information to | 27 |
| the Department of State Police. The Court shall
give one copy | 28 |
| of
the form to the person and retain the original in the court | 29 |
| records. The
Department of State
Police shall notify the law | 30 |
| enforcement
agencies having
jurisdiction where the person | 31 |
| expects to reside, work and attend school
upon his or her | 32 |
| release.
| 33 |
| (b) The court shall also require the person to read and | 34 |
| sign such form as may be required by the Department of State | 35 |
| Police stating that the court order that barred the person from | 36 |
| having custody or visitation with any minor child, stepchild, |
|
|
|
HB5523 |
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LRB094 16031 AJO 51266 b |
|
| 1 |
| grandchild, great-grandchild, or ward of whom the person is the | 2 |
| guardian of the person or from residing with any minor child, | 3 |
| has been explained to him or her and that he or she understands | 4 |
| the court order that provides that: | 5 |
| (1) Effective on the date of the court's order that the | 6 |
| defendant is barred from the following: | 7 |
| (A) living in the same dwelling unit with any minor | 8 |
| child of whom the defendant is a parent, grandparent, | 9 |
| or great-grandparent; | 10 |
| (B) visiting at any location, with any minor child | 11 |
| of whom the defendant is a parent, grandparent, or | 12 |
| great-grandparent or exercising any visitation rights | 13 |
| with any minor child of whom the defendant is the | 14 |
| parent, grandparent, or great-grandparent; | 15 |
| (C) living in the same dwelling unit with another | 16 |
| person and that other person's minor child; | 17 |
| (D) visiting, at any location, any minor child or | 18 |
| exercising any visitation rights with a minor child; | 19 |
| (E) serving as a guardian of the person, guardian | 20 |
| of the estate, or plenary guardian of a minor child; | 21 |
| (F) petitioning any court for the adoption of, the | 22 |
| temporary custody of, or visitation with any minor | 23 |
| child, including a minor child of whom the defendant is | 24 |
| a parent, grandparent, great-grandparent, stepparent, | 25 |
| or guardian; or
| 26 |
| (G) serving as a "foster parent", as defined in the | 27 |
| Foster Parent Law, of any minor child. | 28 |
| (2) Nothing in this court order disturbs the obligation | 29 |
| of a person to pay child support, provide health insurance, | 30 |
| or to otherwise provide for a minor child of whom the | 31 |
| defendant is a parent.
| 32 |
| (Source: P.A. 94-168, eff. 1-1-06.)
| 33 |
| Section 35. The Adoption Act is amended by changing | 34 |
| Sections 1 and 2 as follows:
|
|
|
|
HB5523 |
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LRB094 16031 AJO 51266 b |
|
| 1 |
| (750 ILCS 50/1) (from Ch. 40, par. 1501)
| 2 |
| Sec. 1. Definitions. When used in this Act, unless the | 3 |
| context
otherwise requires:
| 4 |
| A. "Child" means a person under legal age subject to | 5 |
| adoption under
this Act.
| 6 |
| B. "Related child" means a child subject to adoption where | 7 |
| either or both of
the adopting parents stands in any of the | 8 |
| following relationships to the child
by blood or marriage: | 9 |
| parent, grand-parent, brother, sister, step-parent,
| 10 |
| step-grandparent, step-brother, step-sister, uncle, aunt, | 11 |
| great-uncle,
great-aunt, or cousin of first degree. A child | 12 |
| whose parent has executed
a final irrevocable consent to | 13 |
| adoption or a final irrevocable surrender
for purposes of | 14 |
| adoption, or whose parent has had his or her parental rights
| 15 |
| terminated, is not a related child to that person, unless the | 16 |
| consent is
determined to be void or is void pursuant to | 17 |
| subsection O of Section 10.
| 18 |
| C. "Agency" for the purpose of this Act means a public | 19 |
| child welfare agency
or a licensed child welfare agency.
| 20 |
| D. "Unfit person" means any person whom the court shall | 21 |
| find to be unfit
to have a child, without regard to the | 22 |
| likelihood that the child will be
placed for adoption. The | 23 |
| grounds of unfitness are any one or more
of the following, | 24 |
| except that a person shall not be considered an unfit
person | 25 |
| for the sole reason that the person has relinquished a child in
| 26 |
| accordance with the Abandoned Newborn Infant Protection Act:
| 27 |
| (a) Abandonment of the child.
| 28 |
| (a-1) Abandonment of a newborn infant in a hospital.
| 29 |
| (a-2) Abandonment of a newborn infant in any setting | 30 |
| where the evidence
suggests that the parent intended to | 31 |
| relinquish his or her parental rights.
| 32 |
| (b) Failure to maintain a reasonable degree of | 33 |
| interest, concern or
responsibility as to the child's | 34 |
| welfare.
| 35 |
| (c) Desertion of the child for more than 3 months next | 36 |
| preceding the
commencement of the Adoption proceeding.
|
|
|
|
HB5523 |
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LRB094 16031 AJO 51266 b |
|
| 1 |
| (d) Substantial neglect
of the
child if continuous or | 2 |
| repeated.
| 3 |
| (d-1) Substantial neglect, if continuous or repeated, | 4 |
| of any child
residing in the household which resulted in | 5 |
| the death of that child.
| 6 |
| (e) Extreme or repeated cruelty to the child.
| 7 |
| (f) Two or more findings of physical abuse to any | 8 |
| children under Section
4-8 of the Juvenile Court Act or | 9 |
| Section 2-21 of the Juvenile Court Act
of 1987, the most | 10 |
| recent of which was determined by the juvenile court
| 11 |
| hearing the matter to be supported by clear and convincing | 12 |
| evidence; a
criminal conviction or a finding of not guilty | 13 |
| by reason of insanity
resulting from the death of any child | 14 |
| by physical child
abuse; or a finding of physical child | 15 |
| abuse resulting from the death of any
child under Section | 16 |
| 4-8 of the Juvenile Court Act or Section 2-21 of the
| 17 |
| Juvenile Court Act of 1987.
| 18 |
| (g) Failure to protect the child from conditions within | 19 |
| his environment
injurious to the child's welfare.
| 20 |
| (h) Other neglect of, or misconduct toward the child; | 21 |
| provided that in
making a finding of unfitness the court | 22 |
| hearing the adoption proceeding
shall not be bound by any | 23 |
| previous finding, order or judgment affecting
or | 24 |
| determining the rights of the parents toward the child | 25 |
| sought to be adopted
in any other proceeding except such | 26 |
| proceedings terminating parental rights
as shall be had | 27 |
| under either this Act, the Juvenile Court Act or
the | 28 |
| Juvenile Court Act of 1987.
| 29 |
| (i) Depravity. Conviction of any one of the following
| 30 |
| crimes shall create a presumption that a parent is depraved | 31 |
| which can be
overcome only by clear and convincing | 32 |
| evidence:
(1) first degree murder in violation of paragraph | 33 |
| 1 or
2 of subsection (a) of Section 9-1 of the Criminal | 34 |
| Code of 1961 or conviction
of second degree murder in | 35 |
| violation of subsection (a) of Section 9-2 of the
Criminal | 36 |
| Code of 1961 of a parent of the child to be adopted; (2)
|
|
|
|
HB5523 |
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LRB094 16031 AJO 51266 b |
|
| 1 |
| first degree murder or second degree murder of any child in
| 2 |
| violation of the Criminal Code of 1961; (3)
attempt or | 3 |
| conspiracy to commit first degree murder or second degree | 4 |
| murder
of any child in violation of the Criminal Code of | 5 |
| 1961; (4)
solicitation to commit murder of any child, | 6 |
| solicitation to
commit murder of any child for hire, or | 7 |
| solicitation to commit second
degree murder of any child in | 8 |
| violation of the Criminal Code of 1961; or (5)
aggravated | 9 |
| criminal sexual assault in violation of
Section | 10 |
| 12-14(b)(1) of the Criminal Code of 1961.
| 11 |
| There is a rebuttable presumption that a parent is | 12 |
| depraved if the parent
has been criminally convicted of at | 13 |
| least 3 felonies under the laws of this
State or any other | 14 |
| state, or under federal law, or the criminal laws of any
| 15 |
| United States territory; and at least
one of these
| 16 |
| convictions took place within 5 years of the filing of the | 17 |
| petition or motion
seeking termination of parental rights.
| 18 |
| There is a rebuttable presumption that a parent is | 19 |
| depraved if that
parent
has
been criminally convicted of | 20 |
| either first or second degree murder of any person
as | 21 |
| defined in the Criminal Code of 1961 within 10 years of the | 22 |
| filing date of
the petition or motion to terminate parental | 23 |
| rights.
| 24 |
| (j) Open and notorious adultery or fornication.
| 25 |
| (j-1) (Blank).
| 26 |
| (k) Habitual drunkenness or addiction to drugs, other | 27 |
| than those
prescribed by a physician, for at least one year | 28 |
| immediately
prior to the commencement of the unfitness | 29 |
| proceeding.
| 30 |
| There is a rebuttable presumption that a parent is | 31 |
| unfit under this
subsection
with respect to any child to | 32 |
| which that parent gives birth where there is a
confirmed
| 33 |
| test result that at birth the child's blood, urine, or | 34 |
| meconium contained any
amount of a controlled substance as | 35 |
| defined in subsection (f) of Section 102 of
the Illinois | 36 |
| Controlled Substances Act or metabolites of such |
|
|
|
HB5523 |
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LRB094 16031 AJO 51266 b |
|
| 1 |
| substances, the
presence of which in the newborn infant was | 2 |
| not the result of medical treatment
administered to the | 3 |
| mother or the newborn infant; and the biological mother of
| 4 |
| this child is the biological mother of at least one other | 5 |
| child who was
adjudicated a neglected minor under | 6 |
| subsection (c) of Section 2-3 of the
Juvenile Court Act of | 7 |
| 1987.
| 8 |
| (l) Failure to demonstrate a reasonable degree of | 9 |
| interest, concern or
responsibility as to the welfare of a | 10 |
| new born child during the first 30
days after its birth.
| 11 |
| (m) Failure by a parent (i) to make reasonable efforts | 12 |
| to correct the
conditions that were the basis for the | 13 |
| removal of the child from the
parent, or (ii) to make | 14 |
| reasonable progress toward the return of the child
to
the | 15 |
| parent within 9 months after an adjudication of neglected | 16 |
| or abused
minor under Section 2-3 of the Juvenile Court Act | 17 |
| of 1987 or dependent
minor under Section 2-4 of that Act, | 18 |
| or (iii) to make reasonable progress
toward the return of | 19 |
| the
child to the parent during any 9-month period after the | 20 |
| end of the initial
9-month period following the | 21 |
| adjudication of
neglected or abused minor under Section 2-3 | 22 |
| of the Juvenile Court
Act of 1987 or dependent minor under | 23 |
| Section 2-4 of that Act.
If a service plan has been | 24 |
| established as
required under
Section 8.2 of the Abused and | 25 |
| Neglected Child Reporting Act to correct the
conditions | 26 |
| that were the basis for the removal of the child from the | 27 |
| parent
and if those services were available,
then, for | 28 |
| purposes of this Act, "failure to make reasonable progress | 29 |
| toward the
return of the child to the parent" includes (I) | 30 |
| the parent's failure to
substantially fulfill his or her | 31 |
| obligations under the
service plan and correct the | 32 |
| conditions that brought the child into care
within 9 months | 33 |
| after the adjudication under Section 2-3 or 2-4
of the | 34 |
| Juvenile Court Act of 1987
and (II) the parent's failure to | 35 |
| substantially fulfill his or her obligations
under
the | 36 |
| service plan and correct the conditions that brought the |
|
|
|
HB5523 |
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LRB094 16031 AJO 51266 b |
|
| 1 |
| child into care
during any 9-month period after the end of | 2 |
| the initial 9-month period
following the adjudication | 3 |
| under Section 2-3 or 2-4 of the Juvenile Court
Act of 1987. | 4 |
| Notwithstanding any other provision, when a petition or | 5 |
| motion seeks to terminate parental rights on the basis of | 6 |
| item (iii) of this subsection (m), the petitioner shall | 7 |
| file with the court and serve on the parties a pleading | 8 |
| that specifies the 9-month period or periods relied on. The | 9 |
| pleading shall be filed and served on the parties no later | 10 |
| than 3 weeks before the date set by the court for closure | 11 |
| of discovery, and the allegations in the pleading shall be | 12 |
| treated as incorporated into the petition or motion. | 13 |
| Failure of a respondent to file a written denial of the | 14 |
| allegations in the pleading shall not be treated as an | 15 |
| admission that the allegations are true.
| 16 |
| (m-1) Pursuant to the Juvenile Court Act of 1987, a | 17 |
| child
has been in foster care for 15 months out of any 22 | 18 |
| month period which begins
on or after the effective date of | 19 |
| this amendatory Act of 1998 unless the
child's parent can | 20 |
| prove
by a preponderance of the evidence that it is more | 21 |
| likely than not that it will
be in the best interests of | 22 |
| the child to be returned to the parent within 6
months of | 23 |
| the date on which a petition for termination of parental | 24 |
| rights is
filed under the Juvenile Court Act of 1987. The | 25 |
| 15 month time limit is tolled
during
any period for which | 26 |
| there is a court finding that the appointed custodian or
| 27 |
| guardian failed to make reasonable efforts to reunify the | 28 |
| child with his or her
family, provided that (i) the finding | 29 |
| of no reasonable efforts is made within
60 days of the | 30 |
| period when reasonable efforts were not made or (ii) the | 31 |
| parent
filed a motion requesting a finding of no reasonable | 32 |
| efforts within 60 days of
the period when reasonable | 33 |
| efforts were not made. For purposes of this
subdivision | 34 |
| (m-1), the date of entering foster care is the earlier of: | 35 |
| (i) the
date of
a judicial finding at an adjudicatory | 36 |
| hearing that the child is an abused,
neglected, or |
|
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| dependent minor; or (ii) 60 days after the date on which | 2 |
| the
child is removed from his or her parent, guardian, or | 3 |
| legal custodian.
| 4 |
| (n) Evidence of intent to forgo his or her parental | 5 |
| rights,
whether or
not the child is a ward of the court, | 6 |
| (1) as manifested
by his or her failure for a period of 12 | 7 |
| months: (i) to visit the child,
(ii) to communicate with | 8 |
| the child or agency, although able to do so and
not | 9 |
| prevented from doing so by an agency or by court order, or | 10 |
| (iii) to
maintain contact with or plan for the future of | 11 |
| the child, although physically
able to do so, or (2) as | 12 |
| manifested by the father's failure, where he
and the mother | 13 |
| of the child were unmarried to each other at the time of | 14 |
| the
child's birth, (i) to commence legal proceedings to | 15 |
| establish his paternity
under the Illinois Parentage Act of | 16 |
| 1984 or the law of the jurisdiction of
the child's birth | 17 |
| within 30 days of being informed, pursuant to Section 12a
| 18 |
| of this Act, that he is the father or the likely father of | 19 |
| the child or,
after being so informed where the child is | 20 |
| not yet born, within 30 days of
the child's birth, or (ii) | 21 |
| to make a good faith effort to pay a reasonable
amount of | 22 |
| the expenses related to the birth of the child and to | 23 |
| provide a
reasonable amount for the financial support of | 24 |
| the child, the court to
consider in its determination all | 25 |
| relevant circumstances, including the
financial condition | 26 |
| of both parents; provided that the ground for
termination | 27 |
| provided in this subparagraph (n)(2)(ii) shall only be
| 28 |
| available where the petition is brought by the mother or | 29 |
| the husband of
the mother.
| 30 |
| Contact or communication by a parent with his or her | 31 |
| child that does not
demonstrate affection and concern does | 32 |
| not constitute reasonable contact
and planning under | 33 |
| subdivision (n). In the absence of evidence to the
| 34 |
| contrary, the ability to visit, communicate, maintain | 35 |
| contact, pay
expenses and plan for the future shall be | 36 |
| presumed. The subjective intent
of the parent, whether |
|
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| expressed or otherwise, unsupported by evidence of
the | 2 |
| foregoing parental acts manifesting that intent, shall not | 3 |
| preclude a
determination that the parent has intended to | 4 |
| forgo his or her
parental
rights. In making this | 5 |
| determination, the court may consider but shall not
require | 6 |
| a showing of diligent efforts by an authorized agency to | 7 |
| encourage
the parent to perform the acts specified in | 8 |
| subdivision (n).
| 9 |
| It shall be an affirmative defense to any allegation | 10 |
| under paragraph
(2) of this subsection that the father's | 11 |
| failure was due to circumstances
beyond his control or to | 12 |
| impediments created by the mother or any other
person | 13 |
| having legal custody. Proof of that fact need only be by a
| 14 |
| preponderance of the evidence.
| 15 |
| (o) Repeated or continuous failure by the parents, | 16 |
| although physically
and financially able, to provide the | 17 |
| child with adequate food, clothing,
or shelter.
| 18 |
| (p) Inability to discharge parental responsibilities | 19 |
| supported by
competent evidence from a psychiatrist, | 20 |
| licensed clinical social
worker, or clinical psychologist | 21 |
| of mental
impairment, mental illness or mental retardation | 22 |
| as defined in Section
1-116 of the Mental Health and | 23 |
| Developmental Disabilities Code, or
developmental | 24 |
| disability as defined in Section 1-106 of that Code, and
| 25 |
| there is sufficient justification to believe that the | 26 |
| inability to
discharge parental responsibilities shall | 27 |
| extend beyond a reasonable
time period. However, this | 28 |
| subdivision (p) shall not be construed so as to
permit a | 29 |
| licensed clinical social worker to conduct any medical | 30 |
| diagnosis to
determine mental illness or mental | 31 |
| impairment.
| 32 |
| (q) The parent has been criminally convicted of | 33 |
| aggravated battery,
heinous battery, or attempted murder | 34 |
| of any child.
| 35 |
| (r) The child is in the temporary custody or | 36 |
| guardianship of the
Department of Children and Family |
|
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| Services, the parent is incarcerated as a
result of | 2 |
| criminal conviction at the time the petition or motion for
| 3 |
| termination of parental rights is filed, prior to | 4 |
| incarceration the parent had
little or no contact with the | 5 |
| child or provided little or no support for the
child, and | 6 |
| the parent's incarceration will prevent the parent from | 7 |
| discharging
his or her parental responsibilities for the | 8 |
| child for a period in excess of 2
years after the filing of | 9 |
| the petition or motion for termination of parental
rights.
| 10 |
| (s) The child is in the temporary custody or | 11 |
| guardianship of the
Department of Children and Family | 12 |
| Services, the parent is incarcerated at the
time the | 13 |
| petition or motion for termination of parental rights is | 14 |
| filed, the
parent has been repeatedly incarcerated as a | 15 |
| result of criminal convictions,
and the parent's repeated | 16 |
| incarceration has prevented the parent from
discharging | 17 |
| his or her parental responsibilities for the child.
| 18 |
| (t) A finding that at birth the child's blood,
urine, | 19 |
| or meconium contained any amount of a controlled substance | 20 |
| as
defined in subsection (f) of Section 102 of the Illinois | 21 |
| Controlled Substances
Act, or a metabolite of a controlled | 22 |
| substance, with the exception of
controlled substances or | 23 |
| metabolites of such substances, the presence of which
in | 24 |
| the newborn infant was the result of medical treatment | 25 |
| administered to the
mother or the newborn infant, and that | 26 |
| the biological mother of this child is
the biological | 27 |
| mother of at least one other child who was adjudicated a
| 28 |
| neglected minor under subsection (c) of Section 2-3 of the | 29 |
| Juvenile Court Act
of 1987, after which the biological | 30 |
| mother had the opportunity to enroll in
and participate in | 31 |
| a clinically appropriate substance abuse
counseling, | 32 |
| treatment, and rehabilitation program.
| 33 |
| (u) The parent is a sex offender or sexual predator as | 34 |
| those terms are defined in the Sex Offenders Registration Act.
| 35 |
| E. "Parent" means the father or mother of a lawful child of | 36 |
| the parties or child born out of wedlock. For the purpose of |
|
|
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| this Act, a person who has executed a final and
irrevocable | 2 |
| consent to adoption or a final and irrevocable surrender for
| 3 |
| purposes of adoption, or whose parental rights have been | 4 |
| terminated by a
court, is not a parent of the child who was the | 5 |
| subject of the consent or
surrender, unless the consent is void | 6 |
| pursuant to subsection O of Section 10.
| 7 |
| F. A person is available for adoption when the person is:
| 8 |
| (a) a child who has been surrendered for adoption to an | 9 |
| agency and to
whose adoption the agency has thereafter | 10 |
| consented;
| 11 |
| (b) a child to whose adoption a person authorized by | 12 |
| law, other than his
parents, has consented, or to whose | 13 |
| adoption no consent is required pursuant
to Section 8 of | 14 |
| this Act;
| 15 |
| (c) a child who is in the custody of persons who intend | 16 |
| to adopt him
through placement made by his parents;
| 17 |
| (c-1) a child for whom a parent has signed a specific | 18 |
| consent pursuant
to subsection O of Section 10;
| 19 |
| (d) an adult who meets the conditions set forth in | 20 |
| Section 3 of this
Act; or
| 21 |
| (e) a child who has been relinquished as defined in | 22 |
| Section 10 of the
Abandoned Newborn Infant Protection Act.
| 23 |
| A person who would otherwise be available for adoption | 24 |
| shall not be
deemed unavailable for adoption solely by reason | 25 |
| of his or her death.
| 26 |
| G. The singular includes the plural and the plural includes
| 27 |
| the singular and the "male" includes the "female", as the | 28 |
| context of this
Act may require.
| 29 |
| H. "Adoption disruption" occurs when an adoptive placement | 30 |
| does not
prove successful and it becomes necessary for the | 31 |
| child to be removed from
placement before the adoption is | 32 |
| finalized.
| 33 |
| I. "Foreign placing agency" is an agency or individual | 34 |
| operating in a
country or territory outside the United States | 35 |
| that is authorized by its
country to place children for | 36 |
| adoption either directly with families in the
United States or |
|
|
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| through United States based international agencies.
| 2 |
| J. "Immediate relatives" means the biological parents, the | 3 |
| parents of
the biological parents and siblings of the | 4 |
| biological parents.
| 5 |
| K. "Intercountry adoption" is a process by which a child | 6 |
| from a country
other than the United States is adopted.
| 7 |
| L. "Intercountry Adoption Coordinator" is a staff person of | 8 |
| the
Department of Children and Family Services appointed by the | 9 |
| Director to
coordinate the provision of services by the public | 10 |
| and private sector to
prospective parents of foreign-born | 11 |
| children.
| 12 |
| M. "Interstate Compact on the Placement of Children" is a | 13 |
| law enacted by
most states for the purpose of establishing | 14 |
| uniform procedures for handling
the interstate placement of | 15 |
| children in foster homes, adoptive homes, or
other child care | 16 |
| facilities.
| 17 |
| N. "Non-Compact state" means a state that has not enacted | 18 |
| the
Interstate Compact on the Placement of Children.
| 19 |
| O. "Preadoption requirements" are any conditions | 20 |
| established by the laws
or regulations of the Federal | 21 |
| Government or of each state that must be met
prior to the | 22 |
| placement of a child in an adoptive home.
| 23 |
| P. "Abused child" means a child whose parent or immediate | 24 |
| family member,
or any person responsible for the child's | 25 |
| welfare, or any individual
residing in the same home as the | 26 |
| child, or a paramour of the child's parent:
| 27 |
| (a) inflicts, causes to be inflicted, or allows to be | 28 |
| inflicted upon
the child physical injury, by other than | 29 |
| accidental means, that causes
death, disfigurement, | 30 |
| impairment of physical or emotional health, or loss
or | 31 |
| impairment of any bodily function;
| 32 |
| (b) creates a substantial risk of physical injury to | 33 |
| the child by
other than accidental means which would be | 34 |
| likely to cause death,
disfigurement, impairment of | 35 |
| physical or emotional health, or loss or
impairment of any | 36 |
| bodily function;
|
|
|
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| (c) commits or allows to be committed any sex offense | 2 |
| against the child,
as sex offenses are defined in the | 3 |
| Criminal Code of 1961
and extending those definitions of | 4 |
| sex offenses to include children under
18 years of age;
| 5 |
| (d) commits or allows to be committed an act or acts of | 6 |
| torture upon
the child; or
| 7 |
| (e) inflicts excessive corporal punishment.
| 8 |
| Q. "Neglected child" means any child whose parent or other | 9 |
| person
responsible for the child's welfare withholds or denies | 10 |
| nourishment or
medically indicated treatment including food or | 11 |
| care denied solely on the
basis of the present or anticipated | 12 |
| mental or physical impairment as determined
by a physician | 13 |
| acting alone or in consultation with other physicians or
| 14 |
| otherwise does not provide the proper or necessary support, | 15 |
| education
as required by law, or medical or other remedial care | 16 |
| recognized under State
law as necessary for a child's | 17 |
| well-being, or other care necessary for his
or her well-being, | 18 |
| including adequate food, clothing and shelter; or who
is | 19 |
| abandoned by his or her parents or other person responsible for | 20 |
| the child's
welfare.
| 21 |
| A child shall not be considered neglected or abused for the
| 22 |
| sole reason that the child's parent or other person responsible | 23 |
| for his
or her welfare depends upon spiritual means through | 24 |
| prayer alone for the
treatment or cure of disease or remedial | 25 |
| care as provided under Section 4
of the Abused and Neglected | 26 |
| Child Reporting Act.
A child shall not be considered neglected | 27 |
| or abused for the sole reason that
the child's parent or other | 28 |
| person responsible for the child's welfare failed
to vaccinate, | 29 |
| delayed vaccination, or refused vaccination for the child
due | 30 |
| to a waiver on religious or medical grounds as permitted by | 31 |
| law.
| 32 |
| R. "Putative father" means a man who may be a child's | 33 |
| father, but who (1) is
not married to the child's mother on or | 34 |
| before the date that the child was or
is to be born and (2) has | 35 |
| not established paternity of the child in a court
proceeding | 36 |
| before the filing of a petition for the adoption of the child. |
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| The
term includes a male who is less than 18 years of age. | 2 |
| "Putative father" does
not mean a man who is the child's father | 3 |
| as a result of criminal sexual abuse
or assault as defined | 4 |
| under Article 12 of the Criminal Code of 1961.
| 5 |
| S. "Standby adoption" means an adoption in which a parent
| 6 |
| consents to custody and termination of parental rights to | 7 |
| become
effective upon the occurrence of a future event, which | 8 |
| is either the death of
the
parent or the request of the parent
| 9 |
| for the entry of a final judgment of adoption.
| 10 |
| T. (Blank).
| 11 |
| (Source: P.A. 93-732, eff. 1-1-05; 94-229, eff. 1-1-06; 94-563, | 12 |
| eff. 1-1-06; revised 8-23-05 .)
| 13 |
| (750 ILCS 50/2) (from Ch. 40, par. 1502)
| 14 |
| Sec. 2. Who may
adopt a child.
| 15 |
| A. Any of the following persons, who is under no legal | 16 |
| disability
(except the minority specified in sub-paragraph (b) | 17 |
| and who has resided in
the State of Illinois continuously for a | 18 |
| period of at least 6 months
immediately preceding the | 19 |
| commencement of an adoption proceeding, or any
member of the | 20 |
| armed forces of the United States who has been domiciled in
the | 21 |
| State of Illinois for 90 days, may
institute such proceeding:
| 22 |
| (a) A reputable person of legal age and of either sex, | 23 |
| provided that if
such person is married and has not been living | 24 |
| separate and apart from his or
her spouse for 12 months or | 25 |
| longer, his or her spouse shall be a party to the
adoption
| 26 |
| proceeding, including a husband or wife desiring to adopt a | 27 |
| child of the
other spouse, in all of which cases the adoption | 28 |
| shall be by both spouses
jointly;
| 29 |
| (b) A minor, by leave of court upon good cause shown.
| 30 |
| B. The residence requirement specified in paragraph A of | 31 |
| this Section
shall not apply to an adoption of a related child | 32 |
| or to an adoption of a
child placed by an agency.
| 33 |
| (c) Notwithstanding any other provision of this Act, no | 34 |
| person who is a sex offender or sexual predator, as those terms | 35 |
| are defined in the Sex Offender Registration Act, may adopt a |
|
|
|
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| child. The Protection of Children Related to Sex Offenders Act | 2 |
| applies to adoptions under this Act and prohibits any sex | 3 |
| offender or sexual predator, as those terms are defined in the | 4 |
| Sex Offender Registration Act, from adopting a child. If any | 5 |
| person who is a sex offender or a sexual predator, as those | 6 |
| terms are defined in the Sex Offender Registration Act, has | 7 |
| adopted a child or is in any part of the process of the | 8 |
| adoption of a child, the person shall be immediately ineligible | 9 |
| to adopt a child, notwithstanding any other provision of this | 10 |
| Act to the contrary. Any person who has adopted a child who is | 11 |
| a sex offender or sexual predator, as those terms are defined | 12 |
| in the Sex Offender Registration Act, shall continue to have | 13 |
| the obligation to support a child who is a minor, but that | 14 |
| person may not reside with, have custody of, or have any | 15 |
| visitation rights with the minor child.
| 16 |
| (Source: P.A. 90-608, eff. 6-30-98.)
|
|