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| [ Engrossed ] | [ Enrolled ] | [ House Amendment 003 ] |
90_SB1328
750 ILCS 5/607 from Ch. 40, par. 607
Amends the Illinois Marriage and Dissolution of Marriage
Act. Provides that a parent not granted custody of a child,
a grandparent, great-grandparent, or sibling of a minor child
who was convicted of an offense involving an illegal sex act
perpetrated upon a victim less than 18 years of age is not
entitled to visitation rights while on probation, conditional
discharge, or periodic imprisonment (now visitation rights
are denied to the persons only while they are on parole or
mandatory supervised release). Effective immediately.
LRB9009858RCpc
LRB9009858RCpc
1 AN ACT to amend the Illinois Marriage and Dissolution of
2 Marriage Act by changing Section 607.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Marriage and Dissolution of
6 Marriage Act is amended by changing Section 607 as follows:
7 (750 ILCS 5/607) (from Ch. 40, par. 607)
8 Sec. 607. Visitation.
9 (a) A parent not granted custody of the child is
10 entitled to reasonable visitation rights unless the court
11 finds, after a hearing, that visitation would endanger
12 seriously the child's physical, mental, moral or emotional
13 health. If the custodian's street address is not identified,
14 pursuant to Section 708, the court shall require the parties
15 to identify reasonable alternative arrangements for
16 visitation by a non-custodial parent, including but not
17 limited to visitation of the minor child at the residence of
18 another person or at a local public or private facility.
19 (b) (1) The court may grant reasonable visitation
20 privileges to a grandparent, great-grandparent, or sibling of
21 any minor child upon petition to the court by the
22 grandparents or great-grandparents or on behalf of the
23 sibling, with notice to the parties required to be notified
24 under Section 601 of this Act, if the court determines that
25 it is in the best interests and welfare of the child, and may
26 issue any necessary orders to enforce such visitation
27 privileges. Except as provided in paragraph (2) of this
28 subsection (b), a petition for visitation privileges may be
29 filed under this subsection (b) whether or not a petition
30 pursuant to this Act has been previously filed or is
31 currently pending if one or more of the following
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1 circumstances exist:
2 (A) the parents are not currently cohabiting on a
3 permanent or an indefinite basis;
4 (B) one of the parents has been absent from the
5 marital abode for more than one month without the spouse
6 knowing his or her whereabouts;
7 (C) one of the parents is deceased;
8 (D) one of the parents joins in the petition with
9 the grandparents, great-grandparents, or sibling; or
10 (E) a sibling is in State custody.
11 (2)(A) A petition for visitation privileges shall not be
12 filed pursuant to this subsection (b) by the parents or
13 grandparents of a putative father if the paternity of the
14 putative father has not been legally established.
15 (B) A petition for visitation privileges may not be
16 filed under this subsection (b) if the child who is the
17 subject of the grandparents' or great-grandparents' petition
18 has been voluntarily surrendered by the parent or parents,
19 except for a surrender to the Illinois Department of Children
20 and Family Services or a foster care facility, or has been
21 previously adopted by an individual or individuals who are
22 not related to the biological parents of the child or is the
23 subject of a pending adoption petition by an individual or
24 individuals who are not related to the biological parents of
25 the child.
26 (3) When one parent is deceased, the surviving parent
27 shall not interfere with the visitation rights of the
28 grandparents.
29 (c) The court may modify an order granting or denying
30 visitation rights whenever modification would serve the best
31 interest of the child; but the court shall not restrict a
32 parent's visitation rights unless it finds that the
33 visitation would endanger seriously the child's physical,
34 mental, moral or emotional health.
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1 (d) If any court has entered an order prohibiting a
2 non-custodial parent of a child from any contact with a child
3 or restricting the non-custodial parent's contact with the
4 child, the following provisions shall apply:
5 (1) If an order has been entered granting
6 visitation privileges with the child to a grandparent or
7 great-grandparent who is related to the child through the
8 non-custodial parent, the visitation privileges of the
9 grandparent or great-grandparent may be revoked if:
10 (i) a court has entered an order prohibiting
11 the non-custodial parent from any contact with the
12 child, and the grandparent or great-grandparent is
13 found to have used his or her visitation privileges
14 to facilitate contact between the child and the
15 non-custodial parent; or
16 (ii) a court has entered an order restricting
17 the non-custodial parent's contact with the child,
18 and the grandparent or great-grandparent is found to
19 have used his or her visitation privileges to
20 facilitate contact between the child and the
21 non-custodial parent in a manner that violates the
22 terms of the order restricting the non-custodial
23 parent's contact with the child.
24 Nothing in this subdivision (1) limits the authority
25 of the court to enforce its orders in any manner
26 permitted by law.
27 (2) Any order granting visitation privileges with
28 the child to a grandparent or great-grandparent who is
29 related to the child through the non-custodial parent
30 shall contain the following provision:
31 "If the (grandparent or great-grandparent, whichever
32 is applicable) who has been granted visitation privileges
33 under this order uses the visitation privileges to
34 facilitate contact between the child and the child's
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1 non-custodial parent, the visitation privileges granted
2 under this order shall be permanently revoked."
3 (e) No parent, not granted custody of the child, or
4 grandparent, or great-grandparent, or sibling of any minor
5 child, convicted of any offense involving an illegal sex act
6 perpetrated upon a victim less than 18 years of age including
7 but not limited to offenses for violations of Article 12 of
8 the Criminal Code of 1961, is entitled to visitation rights
9 while incarcerated or while on parole, probation, conditional
10 discharge, periodic imprisonment, or mandatory supervised
11 release for that offense, and upon discharge from
12 incarceration for a misdemeanor offense or upon discharge
13 from parole, probation, conditional discharge, periodic
14 imprisonment, or mandatory supervised release for a felony
15 offense, visitation shall be denied until the said person
16 successfully completes a treatment program approved by the
17 court.
18 (Source: P.A. 88-23; 88-267; 88-670, eff. 12-2-94; 89-488,
19 eff. 6-21-96.)
20 Section 99. Effective date. This Act takes effect upon
21 becoming law.