MARR & DIS-VISITATION
Synopsis of Bill as introduced:
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.
No decrease or increase in the need for the number of judges.
FISCAL NOTE (Dpt. Children and Family Services)
No adverse fiscal impact on DCFS.
FISCAL NOTE, H-AM 3 (Dpt. Children and Family Services)
Predicted fiscal impact is $0.
HOUSE AMENDMENT NO. 3.
Adds reference to:
750 ILCS 5/601 from Ch. 40, par. 601
750 ILCS 5/602 from Ch. 40, par. 602
Provides that a child custody proceeding may be commenced by a
stepparent if the child is at least 12 years old; the custodial parent
and stepparent were married for at least 5 years during which the
child resided with the parent and stepparent; the custodial parent is
deceased or is disabled and cannot perform parental duties to the
child; the stepparent provided for the care, control, and welfare to
the child prior to the initiation of custody proceedings; the child
wishes to live with the stepparent; and it is alleged to be in the
best interests and welfare of the child to live with the stepparent.
In the Section concerning the best interest of a child, provides that
in the case of a custody proceeding in which a stepparent has standing
to file a custody petition, it is presumed to be in the child's best
interest that the natural parent have custody unless the presumption
is rebutted by the stepparent. Permits the court to award reasonable
visitation rights to a stepparent if the child is at least 12 years
old; resided continuously with the parent and stepparent for at least
5 years; the parent is deceased or is disabled and is unable to care
for the child; and the child wishes to have reasonable visitation with
JUDICIAL NOTE, H-AM 3
No change from previous judicial note.
STATE MANDATES ACT FISCAL NOTE, H-AMS 1, 2, 3
Fails to create a State mandate.
HOME RULE NOTE, H-AMS 1, 2, 3
Contains no language preempting home rule authority.
Last action on Bill: PUBLIC ACT.............................. 90-0782
Last action date: 98-08-14
Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 1 SENATE - 0
END OF INQUIRY
Full Text Bill Status