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90_HB0431
705 ILCS 405/1-18 new
735 ILCS 5/2-1203 from Ch. 110, par. 2-1203
735 ILCS 5/2-1401 from Ch. 110, par. 2-1401
750 ILCS 5/612 new
705 ILCS 35/25.1 new
750 ILCS 45/16.1 new
750 ILCS 60/224.1 new
755 ILCS 5/11-19 new
Amends the Juvenile Court Act of 1987, the Code of Civil
Procedure, the Marriage and Dissolution of Marriage Act, the
Uniform Child Custody Jurisdiction Act, the Illinois
Parentage Act of 1984, the Illinois Domestic Violence Act of
1986, and the Probate Act of 1975. Permits filing of a
motion to vacate a custody or guardianship order that was
based upon a false report of child abuse or neglect if the
person making the false report was convicted of or placed on
supervision for making the false report. Provides that a
court shall vacate the custody or guardianship order if
specified criteria are met and that the court may then enter
a new order or order a new hearing. Effective immediately.
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LRB9001879WHmg
1 AN ACT in relation to false reports of child abuse or
2 neglect.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Juvenile Court Act of 1987 is amended by
6 adding Section 1-18 as follows:
7 (705 ILCS 405/1-18 new)
8 Sec. 1-18. False report of abuse or neglect. If a
9 person has been convicted of or placed on supervision for
10 disorderly conduct for a violation of subsection (a)(7) of
11 Section 26-1 of the Criminal Code of 1961 and an existing
12 temporary or permanent custody or guardianship order entered
13 in a proceeding under this Act was based in whole or in part
14 upon matters contained in the false report upon which the
15 conviction or supervision was based, a party to the custody
16 or guardianship proceeding who unsuccessfully sought to
17 obtain or retain custody or guardianship of a minor may file,
18 within 60 days after the verdict or judgment of conviction or
19 order of supervision or within 60 days of the denial of any
20 post-trial motion under Article 116 of the Code of Criminal
21 Procedure of 1963, a motion to vacate the existing custody or
22 guardianship order. Unless the court finds that the
23 evidence, disregarding any matters contained in the false
24 report, was sufficient to support the entry of the existing
25 custody or guardianship order, the court shall vacate the
26 existing order and shall either order a new custody or
27 guardianship hearing or enter an order based on the evidence
28 previously adduced other than the matters contained in the
29 false report. If a new hearing is ordered, the court may, in
30 accordance with the standards of this Act, make any temporary
31 and permanent custody or guardianship orders that are in the
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1 best interests of the minor.
2 If relief is granted in a proceeding under this Section,
3 attorney's fees and costs may be assessed against any or all
4 of the following: a person convicted of making the false
5 report, a person assisting in the transmission of the false
6 report while knowing it was false, or a person obtaining
7 custody or guardianship of a minor based on matters contained
8 in the false report.
9 Sections 2-1203 and 2-1401 of the Code of Civil Procedure
10 do not bar an action brought in accordance with this Section.
11 If there is any conflict between this Section and any
12 other provision of this Act, this Section shall control.
13 Section 10. The Code of Civil Procedure is amended by
14 changing Sections 2-1203 and 2-1401 as follows:
15 (735 ILCS 5/2-1203) (from Ch. 110, par. 2-1203)
16 Sec. 2-1203. Motions after judgment in non-jury cases.
17 (a) In all cases tried without a jury, any party may, within
18 30 days after the entry of the judgment or within any
19 further time the court may allow within the 30 days or any
20 extensions thereof, file a motion for a rehearing, or a
21 retrial, or modification of the judgment or to vacate the
22 judgment or for other relief.
23 (b) A motion filed in apt time stays enforcement of the
24 judgment.
25 (c) This Section does not bar an action brought in
26 accordance with Section 1-18 of the Juvenile Court Act of
27 1987, Section 612 of the Illinois Marriage and Dissolution of
28 Marriage Act, Section 25.1 of the Uniform Child Custody
29 Jurisdiction Act, Section 16.1 of the Illinois Parentage Act
30 of 1984, Section 224.1 of the Illinois Domestic Violence Act
31 of 1986, or Section 11-19 of the Probate Act of 1975.
32 (Source: P.A. 82-280.)
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1 (735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401)
2 Sec. 2-1401. Relief from judgments. (a) Relief from
3 final orders and judgments, after 30 days from the entry
4 thereof, may be had upon petition as provided in this
5 Section. Writs of error coram nobis and coram vobis, bills of
6 review and bills in the nature of bills of review are
7 abolished. All relief heretofore obtainable and the grounds
8 for such relief heretofore available, whether by any of the
9 foregoing remedies or otherwise, shall be available in every
10 case, by proceedings hereunder, regardless of the nature of
11 the order or judgment from which relief is sought or of the
12 proceedings in which it was entered. There shall be no
13 distinction between actions and other proceedings, statutory
14 or otherwise, as to availability of relief, grounds for
15 relief or the relief obtainable.
16 (b) The petition must be filed in the same proceeding in
17 which the order or judgment was entered but is not a
18 continuation thereof. The petition must be supported by
19 affidavit or other appropriate showing as to matters not of
20 record. All parties to the petition shall be notified as
21 provided by rule.
22 (c) Except as provided in Section 20b of the Adoption
23 Act, the petition must be filed not later than 2 years after
24 the entry of the order or judgment. Time during which the
25 person seeking relief is under legal disability or duress or
26 the ground for relief is fraudulently concealed shall be
27 excluded in computing the period of 2 years.
28 (d) The filing of a petition under this Section does not
29 affect the order or judgment, or suspend its operation.
30 (e) Unless lack of jurisdiction affirmatively appears
31 from the record proper, the vacation or modification of an
32 order or judgment pursuant to the provisions of this Section
33 does not affect the right, title or interest in or to any
34 real or personal property of any person, not a party to the
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1 original action, acquired for value after the entry of the
2 order or judgment but before the filing of the petition, nor
3 affect any right of any person not a party to the original
4 action under any certificate of sale issued before the filing
5 of the petition, pursuant to a sale based on the order or
6 judgment.
7 (f) Nothing contained in this Section affects any
8 existing right to relief from a void order or judgment, or to
9 employ any existing method to procure that relief.
10 (g) This Section does not bar an action brought in
11 accordance with Section 1-18 of the Juvenile Court Act of
12 1987, Section 612 of the Illinois Marriage and Dissolution of
13 Marriage Act, Section 25.1 of the Uniform Child Custody
14 Jurisdiction Act, Section 16.1 of the Illinois Parentage Act
15 of 1984, Section 224.1 of the Illinois Domestic Violence Act
16 of 1986, or Section 11-19 of the Probate Act of 1975.
17 (Source: P.A. 88-550, eff. 7-3-94.)
18 Section 15. The Illinois Marriage and Dissolution of
19 Marriage Act is amended by adding Section 612 as follows:
20 (750 ILCS 5/612 new)
21 Sec. 612. False report of abuse or neglect. If a person
22 has been convicted of or placed on supervision for disorderly
23 conduct for a violation of subsection (a)(7) of Section 26-1
24 of the Criminal Code of 1961 and an existing temporary or
25 permanent custody order entered in a proceeding under this
26 Act was based in whole or in part upon matters contained in
27 the false report upon which the conviction or supervision was
28 based, a party to the custody proceeding who unsuccessfully
29 sought to obtain or retain custody of a child may file,
30 within 60 days after the verdict or judgment of conviction or
31 order of supervision or within 60 days of the denial of any
32 post-trial motion under Article 116 of the Code of Criminal
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1 Procedure of 1963, a motion to vacate the existing custody
2 order. Unless the court finds that the evidence,
3 disregarding any matters contained in the false report, was
4 sufficient to support the entry of the existing custody
5 order, the court shall vacate the existing order and shall
6 either order a new custody hearing or enter an order based on
7 the evidence previously adduced other than the matters
8 contained in the false report. If a new hearing is ordered,
9 the court may, in accordance with the standards of this Act,
10 make any temporary and permanent custody orders that are in
11 the best interests of the child.
12 If relief is granted in a proceeding under this Section,
13 attorney's fees and costs may be assessed against any or all
14 of the following: a person convicted of making the false
15 report, a person assisting in the transmission of the false
16 report while knowing it was false, or a person obtaining
17 custody of a child based on matters contained in the false
18 report.
19 Sections 2-1203 and 2-1401 of the Code of Civil Procedure
20 do not bar an action brought in accordance with this Section.
21 If there is any conflict between this Section and any
22 other provision of this Act, this Section shall control.
23 Section 20. The Uniform Child Custody Jurisdiction Act
24 is amended by adding Section 25.1 as follows:
25 (705 ILCS 35/25.1 new)
26 Sec. 25.1. False report of abuse or neglect. If a
27 person has been convicted of or placed on supervision for
28 disorderly conduct for a violation of subsection (a)(7) of
29 Section 26-1 of the Criminal Code of 1961 and an existing
30 temporary or permanent custody order entered in a proceeding
31 under this Act was based in whole or in part upon matters
32 contained in the false report upon which the conviction or
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1 supervision was based, a party to the custody proceeding who
2 unsuccessfully sought to obtain or retain custody of a child
3 may file, within 60 days after the verdict or judgment of
4 conviction or order of supervision or within 60 days of the
5 denial of any post-trial motion under Article 116 of the Code
6 of Criminal Procedure of 1963, a motion to vacate the
7 existing custody order. Unless the court finds that the
8 evidence, disregarding any matters contained in the false
9 report, was sufficient to support the entry of the existing
10 custody order, the court shall vacate the existing order and
11 shall either order a new custody hearing or enter an order
12 based on the evidence previously adduced other than the
13 matters contained in the false report. If a new hearing is
14 ordered, the court may, in accordance with the standards of
15 this Act, make any temporary and permanent custody orders
16 that are in the best interests of the child.
17 If relief is granted in a proceeding under this Section,
18 attorney's fees and costs may be assessed against any or all
19 of the following: a person convicted of making the false
20 report, a person assisting in the transmission of the false
21 report while knowing it was false, or a person obtaining
22 custody of a child based on matters contained in the false
23 report.
24 Sections 2-1203 and 2-1401 of the Code of Civil Procedure
25 do not bar an action brought in accordance with this Section.
26 If there is any conflict between this Section and any
27 other provision of this Act, this Section shall control.
28 Section 25. The Illinois Parentage Act of 1984 is
29 amended by adding Section 16.1 as follows:
30 (750 ILCS 45/16.1 new)
31 Sec. 16.1. False report of abuse or neglect. If a
32 person has been convicted of or placed on supervision for
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1 disorderly conduct for a violation of subsection (a)(7) of
2 Section 26-1 of the Criminal Code of 1961 and an existing
3 temporary or permanent custody order entered in a proceeding
4 under this Act was based in whole or in part upon matters
5 contained in the false report upon which the conviction or
6 supervision was based, a party to the custody proceeding who
7 unsuccessfully sought to obtain or retain custody of a child
8 may file, within 60 days after the verdict or judgment of
9 conviction or order of supervision or within 60 days of the
10 denial of any post-trial motion under Article 116 of the Code
11 of Criminal Procedure of 1963, a motion to vacate the
12 existing custody order. Unless the court finds that the
13 evidence, disregarding any matters contained in the false
14 report, was sufficient to support the entry of the existing
15 custody order, the court shall vacate the existing order and
16 shall either order a new custody hearing or enter an order
17 based on the evidence previously adduced other than the
18 matters contained in the false report. If a new hearing is
19 ordered, the court may, in accordance with the standards of
20 this Act, make any temporary and permanent custody orders
21 that are in the best interests of the child.
22 If relief is granted in a proceeding under this Section,
23 attorney's fees and costs may be assessed against any or all
24 of the following: a person convicted of making the false
25 report, a person assisting in the transmission of the false
26 report while knowing it was false, or a person obtaining
27 custody of a child based on matters contained in the false
28 report.
29 Sections 2-1203 and 2-1401 of the Code of Civil Procedure
30 do not bar an action brought in accordance with this Section.
31 If there is any conflict between this Section and any
32 other provision of this Act, this Section shall control.
33 Section 30. The Illinois Domestic Violence Act of 1986
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1 is amended by adding Section 224.1 as follows:
2 (750 ILCS 60/224.1 new)
3 Sec. 224.1. False report of abuse or neglect. If a
4 person has been convicted of or placed on supervision for
5 disorderly conduct for a violation of subsection (a)(7) of
6 Section 26-1 of the Criminal Code of 1961 and an existing
7 temporary or permanent custody order entered in a proceeding
8 under this Act was based in whole or in part upon matters
9 contained in the false report upon which the conviction or
10 supervision was based, a party to the custody proceeding who
11 unsuccessfully sought to obtain or retain custody of a child
12 may file, within 60 days after the verdict or judgment of
13 conviction or order of supervision or within 60 days of the
14 denial of any post-trial motion under Article 116 of the Code
15 of Criminal Procedure of 1963, a motion to vacate the
16 existing custody order. Unless the court finds that the
17 evidence, disregarding any matters contained in the false
18 report, was sufficient to support the entry of the existing
19 custody order, the court shall vacate the existing order and
20 shall either order a new custody hearing or enter an order
21 based on the evidence previously adduced other than the
22 matters contained in the false report. If a new hearing is
23 ordered, the court may, in accordance with the standards of
24 this Act, make any temporary and permanent custody orders
25 that are in the best interests of the child.
26 If relief is granted in a proceeding under this Section,
27 attorney's fees and costs may be assessed against any or all
28 of the following: a person convicted of making the false
29 report, a person assisting in the transmission of the false
30 report while knowing it was false, or a person obtaining
31 custody of a child based on matters contained in the false
32 report.
33 Sections 2-1203 and 2-1401 of the Code of Civil Procedure
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1 do not bar an action brought in accordance with this Section.
2 If there is any conflict between this Section and any
3 other provision of this Act, this Section shall control.
4 Section 35. The Probate Act of 1975 is amended by adding
5 Section 11-19 as follows:
6 (755 ILCS 5/11-19 new)
7 Sec. 11-19. False report of abuse or neglect. If a
8 person has been convicted of or placed on supervision for
9 disorderly conduct for a violation of subsection (a)(7) of
10 Section 26-1 of the Criminal Code of 1961 and an existing
11 temporary or permanent guardianship order entered in a
12 proceeding under this Act was based in whole or in part upon
13 matters contained in the false report upon which the
14 conviction or supervision was based, a party to the
15 guardianship proceeding who unsuccessfully sought to obtain
16 or retain guardianship of a minor may file, within 60 days
17 after the verdict or judgment of conviction or order of
18 supervision or within 60 days of the denial of any post-trial
19 motion under Article 116 of the Code of Criminal Procedure of
20 1963, a motion to vacate the existing guardianship order.
21 Unless the court finds that the evidence, disregarding any
22 matters contained in the false report, was sufficient to
23 support the entry of the existing guardianship order, the
24 court shall vacate the existing order and shall either order
25 a new guardianship hearing or enter an order based on the
26 evidence previously adduced other than the matters contained
27 in the false report. If a new hearing is ordered, the court
28 may, in accordance with the standards of this Act, make any
29 temporary and permanent guardianship orders that are in the
30 best interests of the minor.
31 If relief is granted in a proceeding under this Section,
32 attorney's fees and costs may be assessed against any or all
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1 of the following: a person convicted of making the false
2 report, a person assisting in the transmission of the false
3 report while knowing it was false, or a person obtaining
4 guardianship of a minor based on matters contained in the
5 false report.
6 Sections 2-1203 and 2-1401 of the Code of Civil Procedure
7 do not bar an action brought in accordance with this Section.
8 If there is any conflict between this Section and any
9 other provision of this Act, this Section shall control.
10 Section 99. Effective date. This Act takes effect upon
11 becoming law.