90th General Assembly
Summary of SB1328
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Short description: 
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.            
          JUDICIAL NOTE                                                        
          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      
   the stepparent.                                                             
          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

           Location: Senate

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   1     SENATE -   0


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