Bill Text: IL HB2266 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Criminal Code of 1961. In provisions concerning the offense of unlawful visitation interference, changes the name of the offense to unlawful parenting time interference and changes references from "visitation" to "parenting time"; also adds references to "custody time". Amends the Illinois Marriage and Dissolution of Marriage Act to change a cross reference to the offense. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Passed) 2009-08-25 - Public Act . . . . . . . . . 96-0675 [HB2266 Detail]

Download: Illinois-2009-HB2266-Enrolled.html

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AN ACT concerning children.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by changing
Section 10-5.5 as follows:
(720 ILCS 5/10-5.5)
Sec. 10-5.5. Unlawful visitation or parenting time
interference.
(a) As used in this Section, the terms "child", "detain",
and "lawful custodian" shall have the meanings ascribed to them
in Section 10-5 of this Code.
(b) Every person who, in violation of the visitation,
parenting time, or custody time provisions of a court order
relating to child custody, detains or conceals a child with the
intent to deprive another person of his or her rights to
visitation, parenting time, or custody time shall be guilty of
unlawful visitation or parenting time interference.
(c) A person committing unlawful visitation or parenting
time interference is guilty of a petty offense. However, any
person violating this Section after 2 prior convictions of
unlawful visitation interference or unlawful visitation or
parenting time interference is guilty of a Class A misdemeanor.
(d) Any law enforcement officer who has probable cause to

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believe that a person has committed or is committing an act in
violation of this Section shall issue to that person a notice
to appear.
(e) The notice shall:
(1) be in writing;
(2) state the name of the person and his address, if
known;
(3) set forth the nature of the offense;
(4) be signed by the officer issuing the notice; and
(5) request the person to appear before a court at a
certain time and place.
(f) Upon failure of the person to appear, a summons or
warrant of arrest may be issued.
(g) It is an affirmative defense that:
(1) a person or lawful custodian committed the act to
protect the child from imminent physical harm, provided
that the defendant's belief that there was physical harm
imminent was reasonable and that the defendant's conduct in
withholding visitation rights, parenting time, or custody
time was a reasonable response to the harm believed
imminent;
(2) the act was committed with the mutual consent of
all parties having a right to custody and visitation of the
child or parenting time with the child; or
(3) the act was otherwise authorized by law.
(h) A person convicted of unlawful visitation or parenting

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time interference shall not be subject to a civil contempt
citation for the same conduct for violating visitation,
parenting time, or custody time provisions of a court order
issued under the Illinois Marriage and Dissolution of Marriage
Act.
(Source: P.A. 88-96.)
Section 10. The Illinois Marriage and Dissolution of
Marriage Act is amended by changing Section 607.1 as follows:
(750 ILCS 5/607.1) (from Ch. 40, par. 607.1)
Sec. 607.1. Enforcement of visitation orders; visitation
abuse.
(a) The circuit court shall provide an expedited procedure
for enforcement of court ordered visitation in cases of
visitation abuse. Visitation abuse occurs when a party has
willfully and without justification: (1) denied another party
visitation as set forth by the court; or (2) exercised his or
her visitation rights in a manner that is harmful to the child
or child's custodian.
(b) An Action may be commenced by filing a petition setting
forth: (i) the petitioner's name, residence address or mailing
address, and telephone number; (ii) respondent's name and place
of residence, place of employment, or mailing address; (iii)
the nature of the visitation abuse, giving dates and other
relevant information; (iv) that a reasonable attempt was made

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to resolve the dispute; and (v) the relief sought.
Notice of the filing of the petitions shall be given as
provided in Section 511.
(c) After hearing all of the evidence, the court may order
one or more of the following:
(1) Modification of the visitation order to
specifically outline periods of visitation or restrict
visitation as provided by law.
(2) Supervised visitation with a third party or public
agency.
(3) Make up visitation of the same time period, such as
weekend for weekend, holiday for holiday.
(4) Counseling or mediation, except in cases where
there is evidence of domestic violence, as defined in
Section 1 of the Domestic Violence Shelters Act, occurring
between the parties.
(5) Other appropriate relief deemed equitable.
(d) Nothing contained in this Section shall be construed to
limit the court's contempt power, except as provided in
subsection (g) of this Section.
(e) When the court issues an order holding a party in
contempt of court for violation of a visitation order, the
clerk shall transmit a copy of the contempt order to the
sheriff of the county. The sheriff shall furnish a copy of each
contempt order to the Department of State Police on a daily
basis in the form and manner required by the Department. The

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Department shall maintain a complete record and index of the
contempt orders and make this data available to all local law
enforcement agencies.
(f) Attorney fees and costs shall be assessed against a
party if the court finds that the enforcement action is
vexatious and constitutes harassment.
(g) A person convicted of unlawful visitation or parenting
time interference under Section 10-5.5 of the Criminal Code of
1961 shall not be subject to the provisions of this Section and
the court may not enter a contempt order for visitation abuse
against any person for the same conduct for which the person
was convicted of unlawful visitation interference or subject
that person to the sanctions provided for in this Section.
(Source: P.A. 87-895; 88-96.)
Section 99. Effective date. This Act takes effect upon