Bill Text: IL HB3005 | 2011-2012 | 97th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Illinois Parentage Act of 1984. Makes a technical change in a Section concerning the parent and child relationship.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2011-08-25 - Public Act . . . . . . . . . 97-0568 [HB3005 Detail]

Download: Illinois-2011-HB3005-Amended.html

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Sen. William Delgado

Filed: 5/19/2011

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AMENDMENT TO HOUSE BILL 3005
AMENDMENT NO. ______. Amend House Bill 3005 on page 5, by
replacing lines 11 through 19 with the following:
"terminated in any manner provided by law. It does not include
a person who has been or could be determined to be a parent
under the Illinois Parentage Act of 1984, or similar parentage
law in any other state, if that person has been convicted of or
pled nolo contendere to a crime that resulted in the conception
of the child under Section 11-1.20, 11-1.30, 11-1.40, 11-11,
12-13, 12-14, 12-14.1, subsection (a) or (b) (but not
subsection (c)) of Section 11-1.50 or 12-15, or subsection (a),
(b), (c), (e), or (f) (but not subsection (d)) of Section
11-1.60 or 12-16 of the Criminal Code of 1961 or similar
statute in another jurisdiction unless upon motion of any
party, other than the offender, to the juvenile court
proceedings the court finds it is in the child's best interest
to deem the offender a parent for purposes of the juvenile

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court proceedings."; and
on page 11, by replacing lines 18 through 24 with the
following:
"Section 10. The Illinois Parentage Act of 1984 is amended
by changing Section 6.5 as follows:
(750 ILCS 45/6.5)
(Text of Section before amendment by P.A. 96-1551)
Sec. 6.5. Custody or visitation by sex offender prohibited.
(a) This Section applies to a person who has been found to
be the father of a child under this Act and who has been
convicted of or who has pled guilty or nolo contendere to a
violation of Section 11-1.20 (criminal sexual assault),
Section 11-1.30 (aggravated criminal sexual assault), Section
11-1.40 (predatory criminal sexual assault of a child), Section
11-1.50 (criminal sexual abuse), Section 11-1.60 (aggravated
criminal sexual abuse), Section 11-11 (sexual relations within
families), Section 12-13 (criminal sexual assault), Section
12-14 (aggravated criminal sexual assault), Section 12-14.1
(predatory criminal sexual assault of a child), Section 12-15
(criminal sexual abuse), or Section 12-16 (aggravated criminal
sexual abuse) of the Criminal Code of 1961, or a similar
statute in another jurisdiction, for his conduct in fathering
that child.

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(b) A person described in subsection (a) shall not be
entitled to custody of or visitation with that child without
the consent of the child's mother or guardian. If the person
described in subsection (a) is also the guardian of the child,
he does not have the authority to consent to visitation or
custody under this Section. If the mother of the child is a
minor, and the person described in subsection (a) is also the
father or guardian of the mother, then he does not have the
authority to consent to custody or visitation.
(c) Notwithstanding any other provision of this Act,
nothing in this Section shall be construed to relieve the
father described in subsection (a) of any support and
maintenance obligations to the child under this Act.
A person found to be the father of a child under this Act, and
who has been convicted of or who has pled guilty to a violation
of Section 11-11 (sexual relations within families), Section
12-13 (criminal sexual assault), Section 12-14 (aggravated
criminal sexual assault), Section 12-14.1 (predatory criminal
sexual assault of a child), Section 12-15 (criminal sexual
abuse), or Section 12-16 (aggravated criminal sexual abuse) of
the Criminal Code of 1961 for his conduct in fathering that
child, shall not be entitled to custody of or visitation with
that child without the consent of the mother or guardian, other
than the father of the child who has been convicted of or pled
guilty to one of the offenses listed in this Section, or, in
cases where the mother is a minor, the guardian of the mother

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of the child. Notwithstanding any other provision of this Act,
nothing in this Section shall be construed to relieve the
father of any support and maintenance obligations to the child
under this Act.
(Source: P.A. 94-928, eff. 6-26-06.)
(Text of Section after amendment by P.A. 96-1551)
Sec. 6.5. Custody or visitation by sex offender prohibited.
(a) This Section applies to a person who has been found to
be the father of a child under this Act and who has been
convicted of or who has pled guilty or nolo contendere to a
violation of Section 11-1.20 (criminal sexual assault),
Section 11-1.30 (aggravated criminal sexual assault), Section
11-1.40 (predatory criminal sexual assault of a child), Section
11-1.50 (criminal sexual abuse), Section 11-1.60 (aggravated
criminal sexual abuse), Section 11-11 (sexual relations within
families), Section 12-13 (criminal sexual assault), Section
12-14 (aggravated criminal sexual assault), Section 12-14.1
(predatory criminal sexual assault of a child), Section 12-15
(criminal sexual abuse), or Section 12-16 (aggravated criminal
sexual abuse) of the Criminal Code of 1961, or a similar
statute in another jurisdiction, for his conduct in fathering
that child.
(b) A person described in subsection (a) shall not be
entitled to custody of or visitation with that child without
the consent of the child's mother or guardian. If the person

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described in subsection (a) is also the guardian of the child,
he does not have the authority to consent to visitation or
custody under this Section. If the mother of the child is a
minor, and the person described in subsection (a) is also the
father or guardian of the mother, then he does not have the
authority to consent to custody or visits.
(c) Notwithstanding any other provision of this Act,
nothing in this Section shall be construed to relieve the
father described in subsection (a) of any support and
maintenance obligations to the child under this Act.
A person found to be the father of a child under this Act, and
who has been convicted of or who has pled guilty to a violation
of Section 11-11 (sexual relations within families), Section
11-1.20 or 12-13 (criminal sexual assault), Section 11-1.30 or
12-14 (aggravated criminal sexual assault), Section 11-1.40 or
12-14.1 (predatory criminal sexual assault of a child), Section
11-1.50 or 12-15 (criminal sexual abuse), or Section 11-1.60 or
12-16 (aggravated criminal sexual abuse) of the Criminal Code
of 1961 for his conduct in fathering that child, shall not be
entitled to custody of or visitation with that child without
the consent of the mother or guardian, other than the father of
the child who has been convicted of or pled guilty to one of
the offenses listed in this Section, or, in cases where the
mother is a minor, the guardian of the mother of the child.
Notwithstanding any other provision of this Act, nothing in
this Section shall be construed to relieve the father of any

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support and maintenance obligations to the child under this
Act.
(Source: P.A. 96-1551, eff. 7-1-11.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act."; and
on page 12 by deleting lines 1 through 21.