97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5487

 

Introduced 2/15/2012, by Rep. Richard Morthland

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/3-6-3  from Ch. 38, par. 1003-6-3
750 ILCS 5/602  from Ch. 40, par. 602
750 ILCS 5/607  from Ch. 40, par. 607

    Amends the Unified Code of Corrections and the Illinois Marriage and Dissolution of Marriage Act. Provides that whenever the Department of Corrections is to release any inmate who has been convicted of a felony, earlier than it otherwise would because of a grant of good conduct credit, the Department shall give written notice of the impending release not less than 120 days prior to the date of the release to the victim of the offense for which the inmate was convicted and the victim's family members. Provides that a court may not award either sole custody or joint custody to a parent who has been convicted of a felony unless certain criteria are first met, including that (i) a psychological examination of the parent has been conducted by a qualified individual, and that individual is of the opinion that the parent is a fit person to raise and care for the child and (ii) the child or the child's legal guardian has consented to an award of custody to the parent. Provides that a court may not award unsupervised visitation to a parent who has been convicted of a felony unless similar criteria are first met. Provides for immediate suspension of a parent's unsupervised visitation if the child alleges that he or she has been a victim of abuse or sexual molestation perpetrated by a person in the home where the unsupervised visitation has taken place.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5487LRB097 19628 DRJ 64882 b

1    AN ACT concerning children.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Section 3-6-3 as follows:
 
6    (730 ILCS 5/3-6-3)  (from Ch. 38, par. 1003-6-3)
7    Sec. 3-6-3. Rules and Regulations for Early Release.
8        (a) (1) The Department of Corrections shall prescribe
9    rules and regulations for the early release on account of
10    good conduct of persons committed to the Department which
11    shall be subject to review by the Prisoner Review Board.
12        (2) The rules and regulations on early release shall
13    provide, with respect to offenses listed in clause (i),
14    (ii), or (iii) of this paragraph (2) committed on or after
15    June 19, 1998 or with respect to the offense listed in
16    clause (iv) of this paragraph (2) committed on or after
17    June 23, 2005 (the effective date of Public Act 94-71) or
18    with respect to offense listed in clause (vi) committed on
19    or after June 1, 2008 (the effective date of Public Act
20    95-625) or with respect to the offense of being an armed
21    habitual criminal committed on or after August 2, 2005 (the
22    effective date of Public Act 94-398) or with respect to the
23    offenses listed in clause (v) of this paragraph (2)

 

 

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1    committed on or after August 13, 2007 (the effective date
2    of Public Act 95-134) or with respect to the offense of
3    aggravated domestic battery committed on or after July 23,
4    2010 (the effective date of Public Act 96-1224), the
5    following:
6            (i) that a prisoner who is serving a term of
7        imprisonment for first degree murder or for the offense
8        of terrorism shall receive no good conduct credit and
9        shall serve the entire sentence imposed by the court;
10            (ii) that a prisoner serving a sentence for attempt
11        to commit first degree murder, solicitation of murder,
12        solicitation of murder for hire, intentional homicide
13        of an unborn child, predatory criminal sexual assault
14        of a child, aggravated criminal sexual assault,
15        criminal sexual assault, aggravated kidnapping,
16        aggravated battery with a firearm as described in
17        Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),
18        or (e)(4) of Section 12-3.05, heinous battery as
19        described in Section 12-4.1 or subdivision (a)(2) of
20        Section 12-3.05, being an armed habitual criminal,
21        aggravated battery of a senior citizen as described in
22        Section 12-4.6 or subdivision (a)(4) of Section
23        12-3.05, or aggravated battery of a child as described
24        in Section 12-4.3 or subdivision (b)(1) of Section
25        12-3.05 shall receive no more than 4.5 days of good
26        conduct credit for each month of his or her sentence of

 

 

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1        imprisonment;
2            (iii) that a prisoner serving a sentence for home
3        invasion, armed robbery, aggravated vehicular
4        hijacking, aggravated discharge of a firearm, or armed
5        violence with a category I weapon or category II
6        weapon, when the court has made and entered a finding,
7        pursuant to subsection (c-1) of Section 5-4-1 of this
8        Code, that the conduct leading to conviction for the
9        enumerated offense resulted in great bodily harm to a
10        victim, shall receive no more than 4.5 days of good
11        conduct credit for each month of his or her sentence of
12        imprisonment;
13            (iv) that a prisoner serving a sentence for
14        aggravated discharge of a firearm, whether or not the
15        conduct leading to conviction for the offense resulted
16        in great bodily harm to the victim, shall receive no
17        more than 4.5 days of good conduct credit for each
18        month of his or her sentence of imprisonment;
19            (v) that a person serving a sentence for
20        gunrunning, narcotics racketeering, controlled
21        substance trafficking, methamphetamine trafficking,
22        drug-induced homicide, aggravated
23        methamphetamine-related child endangerment, money
24        laundering pursuant to clause (c) (4) or (5) of Section
25        29B-1 of the Criminal Code of 1961, or a Class X felony
26        conviction for delivery of a controlled substance,

 

 

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1        possession of a controlled substance with intent to
2        manufacture or deliver, calculated criminal drug
3        conspiracy, criminal drug conspiracy, street gang
4        criminal drug conspiracy, participation in
5        methamphetamine manufacturing, aggravated
6        participation in methamphetamine manufacturing,
7        delivery of methamphetamine, possession with intent to
8        deliver methamphetamine, aggravated delivery of
9        methamphetamine, aggravated possession with intent to
10        deliver methamphetamine, methamphetamine conspiracy
11        when the substance containing the controlled substance
12        or methamphetamine is 100 grams or more shall receive
13        no more than 7.5 days good conduct credit for each
14        month of his or her sentence of imprisonment;
15            (vi) that a prisoner serving a sentence for a
16        second or subsequent offense of luring a minor shall
17        receive no more than 4.5 days of good conduct credit
18        for each month of his or her sentence of imprisonment;
19        and
20            (vii) that a prisoner serving a sentence for
21        aggravated domestic battery shall receive no more than
22        4.5 days of good conduct credit for each month of his
23        or her sentence of imprisonment.
24        (2.1) For all offenses, other than those enumerated in
25    subdivision (a)(2)(i), (ii), or (iii) committed on or after
26    June 19, 1998 or subdivision (a)(2)(iv) committed on or

 

 

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1    after June 23, 2005 (the effective date of Public Act
2    94-71) or subdivision (a)(2)(v) committed on or after
3    August 13, 2007 (the effective date of Public Act 95-134)
4    or subdivision (a)(2)(vi) committed on or after June 1,
5    2008 (the effective date of Public Act 95-625) or
6    subdivision (a)(2)(vii) committed on or after July 23, 2010
7    (the effective date of Public Act 96-1224), and other than
8    the offense of aggravated driving under the influence of
9    alcohol, other drug or drugs, or intoxicating compound or
10    compounds, or any combination thereof as defined in
11    subparagraph (F) of paragraph (1) of subsection (d) of
12    Section 11-501 of the Illinois Vehicle Code, and other than
13    the offense of aggravated driving under the influence of
14    alcohol, other drug or drugs, or intoxicating compound or
15    compounds, or any combination thereof as defined in
16    subparagraph (C) of paragraph (1) of subsection (d) of
17    Section 11-501 of the Illinois Vehicle Code committed on or
18    after January 1, 2011 (the effective date of Public Act
19    96-1230), the rules and regulations shall provide that a
20    prisoner who is serving a term of imprisonment shall
21    receive one day of good conduct credit for each day of his
22    or her sentence of imprisonment or recommitment under
23    Section 3-3-9. Each day of good conduct credit shall reduce
24    by one day the prisoner's period of imprisonment or
25    recommitment under Section 3-3-9.
26        (2.2) A prisoner serving a term of natural life

 

 

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1    imprisonment or a prisoner who has been sentenced to death
2    shall receive no good conduct credit.
3        (2.3) The rules and regulations on early release shall
4    provide that a prisoner who is serving a sentence for
5    aggravated driving under the influence of alcohol, other
6    drug or drugs, or intoxicating compound or compounds, or
7    any combination thereof as defined in subparagraph (F) of
8    paragraph (1) of subsection (d) of Section 11-501 of the
9    Illinois Vehicle Code, shall receive no more than 4.5 days
10    of good conduct credit for each month of his or her
11    sentence of imprisonment.
12        (2.4) The rules and regulations on early release shall
13    provide with respect to the offenses of aggravated battery
14    with a machine gun or a firearm equipped with any device or
15    attachment designed or used for silencing the report of a
16    firearm or aggravated discharge of a machine gun or a
17    firearm equipped with any device or attachment designed or
18    used for silencing the report of a firearm, committed on or
19    after July 15, 1999 (the effective date of Public Act
20    91-121), that a prisoner serving a sentence for any of
21    these offenses shall receive no more than 4.5 days of good
22    conduct credit for each month of his or her sentence of
23    imprisonment.
24        (2.5) The rules and regulations on early release shall
25    provide that a prisoner who is serving a sentence for
26    aggravated arson committed on or after July 27, 2001 (the

 

 

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1    effective date of Public Act 92-176) shall receive no more
2    than 4.5 days of good conduct credit for each month of his
3    or her sentence of imprisonment.
4        (2.6) The rules and regulations on early release shall
5    provide that a prisoner who is serving a sentence for
6    aggravated driving under the influence of alcohol, other
7    drug or drugs, or intoxicating compound or compounds or any
8    combination thereof as defined in subparagraph (C) of
9    paragraph (1) of subsection (d) of Section 11-501 of the
10    Illinois Vehicle Code committed on or after January 1, 2011
11    (the effective date of Public Act 96-1230) shall receive no
12    more than 4.5 days of good conduct credit for each month of
13    his or her sentence of imprisonment.
14        (3) The rules and regulations shall also provide that
15    the Director may award up to 180 days additional good
16    conduct credit for meritorious service in specific
17    instances as the Director deems proper; except that no more
18    than 90 days of good conduct credit for meritorious service
19    shall be awarded to any prisoner who is serving a sentence
20    for conviction of first degree murder, reckless homicide
21    while under the influence of alcohol or any other drug, or
22    aggravated driving under the influence of alcohol, other
23    drug or drugs, or intoxicating compound or compounds, or
24    any combination thereof as defined in subparagraph (F) of
25    paragraph (1) of subsection (d) of Section 11-501 of the
26    Illinois Vehicle Code, aggravated kidnapping, kidnapping,

 

 

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1    predatory criminal sexual assault of a child, aggravated
2    criminal sexual assault, criminal sexual assault, deviate
3    sexual assault, aggravated criminal sexual abuse,
4    aggravated indecent liberties with a child, indecent
5    liberties with a child, child pornography, heinous battery
6    as described in Section 12-4.1 or subdivision (a)(2) of
7    Section 12-3.05, aggravated battery of a spouse,
8    aggravated battery of a spouse with a firearm, stalking,
9    aggravated stalking, aggravated battery of a child as
10    described in Section 12-4.3 or subdivision (b)(1) of
11    Section 12-3.05, endangering the life or health of a child,
12    or cruelty to a child. Notwithstanding the foregoing, good
13    conduct credit for meritorious service shall not be awarded
14    on a sentence of imprisonment imposed for conviction of:
15    (i) one of the offenses enumerated in subdivision
16    (a)(2)(i), (ii), or (iii) when the offense is committed on
17    or after June 19, 1998 or subdivision (a)(2)(iv) when the
18    offense is committed on or after June 23, 2005 (the
19    effective date of Public Act 94-71) or subdivision
20    (a)(2)(v) when the offense is committed on or after August
21    13, 2007 (the effective date of Public Act 95-134) or
22    subdivision (a)(2)(vi) when the offense is committed on or
23    after June 1, 2008 (the effective date of Public Act
24    95-625) or subdivision (a)(2)(vii) when the offense is
25    committed on or after July 23, 2010 (the effective date of
26    Public Act 96-1224), (ii) aggravated driving under the

 

 

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1    influence of alcohol, other drug or drugs, or intoxicating
2    compound or compounds, or any combination thereof as
3    defined in subparagraph (F) of paragraph (1) of subsection
4    (d) of Section 11-501 of the Illinois Vehicle Code, (iii)
5    one of the offenses enumerated in subdivision (a)(2.4) when
6    the offense is committed on or after July 15, 1999 (the
7    effective date of Public Act 91-121), (iv) aggravated arson
8    when the offense is committed on or after July 27, 2001
9    (the effective date of Public Act 92-176), (v) offenses
10    that may subject the offender to commitment under the
11    Sexually Violent Persons Commitment Act, or (vi)
12    aggravated driving under the influence of alcohol, other
13    drug or drugs, or intoxicating compound or compounds or any
14    combination thereof as defined in subparagraph (C) of
15    paragraph (1) of subsection (d) of Section 11-501 of the
16    Illinois Vehicle Code committed on or after January 1, 2011
17    (the effective date of Public Act 96-1230).
18        The Director shall not award good conduct credit for
19    meritorious service under this paragraph (3) to an inmate
20    unless the inmate has served a minimum of 60 days of the
21    sentence; except nothing in this paragraph shall be
22    construed to permit the Director to extend an inmate's
23    sentence beyond that which was imposed by the court. Prior
24    to awarding credit under this paragraph (3), the Director
25    shall make a written determination that the inmate:
26            (A) is eligible for good conduct credit for

 

 

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1        meritorious service;
2            (B) has served a minimum of 60 days, or as close to
3        60 days as the sentence will allow; and
4            (C) has met the eligibility criteria established
5        by rule.
6        The Director shall determine the form and content of
7    the written determination required in this subsection.
8        (4) The rules and regulations shall also provide that
9    the good conduct credit accumulated and retained under
10    paragraph (2.1) of subsection (a) of this Section by any
11    inmate during specific periods of time in which such inmate
12    is engaged full-time in substance abuse programs,
13    correctional industry assignments, or educational programs
14    provided by the Department under this paragraph (4) and
15    satisfactorily completes the assigned program as
16    determined by the standards of the Department, shall be
17    multiplied by a factor of 1.25 for program participation
18    before August 11, 1993 and 1.50 for program participation
19    on or after that date. However, no inmate shall be eligible
20    for the additional good conduct credit under this paragraph
21    (4) or (4.1) of this subsection (a) while assigned to a
22    boot camp or electronic detention, or if convicted of an
23    offense enumerated in subdivision (a)(2)(i), (ii), or
24    (iii) of this Section that is committed on or after June
25    19, 1998 or subdivision (a)(2)(iv) of this Section that is
26    committed on or after June 23, 2005 (the effective date of

 

 

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1    Public Act 94-71) or subdivision (a)(2)(v) of this Section
2    that is committed on or after August 13, 2007 (the
3    effective date of Public Act 95-134) or subdivision
4    (a)(2)(vi) when the offense is committed on or after June
5    1, 2008 (the effective date of Public Act 95-625) or
6    subdivision (a)(2)(vii) when the offense is committed on or
7    after July 23, 2010 (the effective date of Public Act
8    96-1224), or if convicted of aggravated driving under the
9    influence of alcohol, other drug or drugs, or intoxicating
10    compound or compounds or any combination thereof as defined
11    in subparagraph (F) of paragraph (1) of subsection (d) of
12    Section 11-501 of the Illinois Vehicle Code, or if
13    convicted of aggravated driving under the influence of
14    alcohol, other drug or drugs, or intoxicating compound or
15    compounds or any combination thereof as defined in
16    subparagraph (C) of paragraph (1) of subsection (d) of
17    Section 11-501 of the Illinois Vehicle Code committed on or
18    after January 1, 2011 (the effective date of Public Act
19    96-1230), or if convicted of an offense enumerated in
20    paragraph (a)(2.4) of this Section that is committed on or
21    after July 15, 1999 (the effective date of Public Act
22    91-121), or first degree murder, a Class X felony, criminal
23    sexual assault, felony criminal sexual abuse, aggravated
24    criminal sexual abuse, aggravated battery with a firearm as
25    described in Section 12-4.2 or subdivision (e)(1), (e)(2),
26    (e)(3), or (e)(4) of Section 12-3.05, or any predecessor or

 

 

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1    successor offenses with the same or substantially the same
2    elements, or any inchoate offenses relating to the
3    foregoing offenses. No inmate shall be eligible for the
4    additional good conduct credit under this paragraph (4) who
5    (i) has previously received increased good conduct credit
6    under this paragraph (4) and has subsequently been
7    convicted of a felony, or (ii) has previously served more
8    than one prior sentence of imprisonment for a felony in an
9    adult correctional facility.
10        Educational, vocational, substance abuse and
11    correctional industry programs under which good conduct
12    credit may be increased under this paragraph (4) and
13    paragraph (4.1) of this subsection (a) shall be evaluated
14    by the Department on the basis of documented standards. The
15    Department shall report the results of these evaluations to
16    the Governor and the General Assembly by September 30th of
17    each year. The reports shall include data relating to the
18    recidivism rate among program participants.
19        Availability of these programs shall be subject to the
20    limits of fiscal resources appropriated by the General
21    Assembly for these purposes. Eligible inmates who are
22    denied immediate admission shall be placed on a waiting
23    list under criteria established by the Department. The
24    inability of any inmate to become engaged in any such
25    programs by reason of insufficient program resources or for
26    any other reason established under the rules and

 

 

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1    regulations of the Department shall not be deemed a cause
2    of action under which the Department or any employee or
3    agent of the Department shall be liable for damages to the
4    inmate.
5        (4.1) The rules and regulations shall also provide that
6    an additional 60 days of good conduct credit shall be
7    awarded to any prisoner who passes the high school level
8    Test of General Educational Development (GED) while the
9    prisoner is incarcerated. The good conduct credit awarded
10    under this paragraph (4.1) shall be in addition to, and
11    shall not affect, the award of good conduct under any other
12    paragraph of this Section, but shall also be pursuant to
13    the guidelines and restrictions set forth in paragraph (4)
14    of subsection (a) of this Section. The good conduct credit
15    provided for in this paragraph shall be available only to
16    those prisoners who have not previously earned a high
17    school diploma or a GED. If, after an award of the GED good
18    conduct credit has been made and the Department determines
19    that the prisoner was not eligible, then the award shall be
20    revoked.
21        (4.5) The rules and regulations on early release shall
22    also provide that when the court's sentencing order
23    recommends a prisoner for substance abuse treatment and the
24    crime was committed on or after September 1, 2003 (the
25    effective date of Public Act 93-354), the prisoner shall
26    receive no good conduct credit awarded under clause (3) of

 

 

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1    this subsection (a) unless he or she participates in and
2    completes a substance abuse treatment program. The
3    Director may waive the requirement to participate in or
4    complete a substance abuse treatment program and award the
5    good conduct credit in specific instances if the prisoner
6    is not a good candidate for a substance abuse treatment
7    program for medical, programming, or operational reasons.
8    Availability of substance abuse treatment shall be subject
9    to the limits of fiscal resources appropriated by the
10    General Assembly for these purposes. If treatment is not
11    available and the requirement to participate and complete
12    the treatment has not been waived by the Director, the
13    prisoner shall be placed on a waiting list under criteria
14    established by the Department. The Director may allow a
15    prisoner placed on a waiting list to participate in and
16    complete a substance abuse education class or attend
17    substance abuse self-help meetings in lieu of a substance
18    abuse treatment program. A prisoner on a waiting list who
19    is not placed in a substance abuse program prior to release
20    may be eligible for a waiver and receive good conduct
21    credit under clause (3) of this subsection (a) at the
22    discretion of the Director.
23        (4.6) The rules and regulations on early release shall
24    also provide that a prisoner who has been convicted of a
25    sex offense as defined in Section 2 of the Sex Offender
26    Registration Act shall receive no good conduct credit

 

 

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1    unless he or she either has successfully completed or is
2    participating in sex offender treatment as defined by the
3    Sex Offender Management Board. However, prisoners who are
4    waiting to receive such treatment, but who are unable to do
5    so due solely to the lack of resources on the part of the
6    Department, may, at the Director's sole discretion, be
7    awarded good conduct credit at such rate as the Director
8    shall determine.
9        (5) Whenever the Department is to release any inmate
10    earlier than it otherwise would because of a grant of good
11    conduct credit for meritorious service given at any time
12    during the term, the Department shall give reasonable
13    notice of the impending release not less than 14 days prior
14    to the date of the release to the State's Attorney of the
15    county where the prosecution of the inmate took place, and
16    if applicable, the State's Attorney of the county into
17    which the inmate will be released. The Department must also
18    make identification information and a recent photo of the
19    inmate being released accessible on the Internet by means
20    of a hyperlink labeled "Community Notification of Inmate
21    Early Release" on the Department's World Wide Web homepage.
22    The identification information shall include the inmate's:
23    name, any known alias, date of birth, physical
24    characteristics, residence address, commitment offense and
25    county where conviction was imposed. The identification
26    information shall be placed on the website within 3 days of

 

 

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1    the inmate's release and the information may not be removed
2    until either: completion of the first year of mandatory
3    supervised release or return of the inmate to custody of
4    the Department.
5    (b) Whenever a person is or has been committed under
6several convictions, with separate sentences, the sentences
7shall be construed under Section 5-8-4 in granting and
8forfeiting of good time.
9    (c) The Department shall prescribe rules and regulations
10for revoking good conduct credit, or suspending or reducing the
11rate of accumulation of good conduct credit for specific rule
12violations, during imprisonment. These rules and regulations
13shall provide that no inmate may be penalized more than one
14year of good conduct credit for any one infraction.
15    When the Department seeks to revoke, suspend or reduce the
16rate of accumulation of any good conduct credits for an alleged
17infraction of its rules, it shall bring charges therefor
18against the prisoner sought to be so deprived of good conduct
19credits before the Prisoner Review Board as provided in
20subparagraph (a)(4) of Section 3-3-2 of this Code, if the
21amount of credit at issue exceeds 30 days or when during any 12
22month period, the cumulative amount of credit revoked exceeds
2330 days except where the infraction is committed or discovered
24within 60 days of scheduled release. In those cases, the
25Department of Corrections may revoke up to 30 days of good
26conduct credit. The Board may subsequently approve the

 

 

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1revocation of additional good conduct credit, if the Department
2seeks to revoke good conduct credit in excess of 30 days.
3However, the Board shall not be empowered to review the
4Department's decision with respect to the loss of 30 days of
5good conduct credit within any calendar year for any prisoner
6or to increase any penalty beyond the length requested by the
7Department.
8    The Director of the Department of Corrections, in
9appropriate cases, may restore up to 30 days good conduct
10credits which have been revoked, suspended or reduced. Any
11restoration of good conduct credits in excess of 30 days shall
12be subject to review by the Prisoner Review Board. However, the
13Board may not restore good conduct credit in excess of the
14amount requested by the Director.
15    Nothing contained in this Section shall prohibit the
16Prisoner Review Board from ordering, pursuant to Section
173-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
18sentence imposed by the court that was not served due to the
19accumulation of good conduct credit.
20    (d) If a lawsuit is filed by a prisoner in an Illinois or
21federal court against the State, the Department of Corrections,
22or the Prisoner Review Board, or against any of their officers
23or employees, and the court makes a specific finding that a
24pleading, motion, or other paper filed by the prisoner is
25frivolous, the Department of Corrections shall conduct a
26hearing to revoke up to 180 days of good conduct credit by

 

 

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1bringing charges against the prisoner sought to be deprived of
2the good conduct credits before the Prisoner Review Board as
3provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
4If the prisoner has not accumulated 180 days of good conduct
5credit at the time of the finding, then the Prisoner Review
6Board may revoke all good conduct credit accumulated by the
7prisoner.
8    For purposes of this subsection (d):
9        (1) "Frivolous" means that a pleading, motion, or other
10    filing which purports to be a legal document filed by a
11    prisoner in his or her lawsuit meets any or all of the
12    following criteria:
13            (A) it lacks an arguable basis either in law or in
14        fact;
15            (B) it is being presented for any improper purpose,
16        such as to harass or to cause unnecessary delay or
17        needless increase in the cost of litigation;
18            (C) the claims, defenses, and other legal
19        contentions therein are not warranted by existing law
20        or by a nonfrivolous argument for the extension,
21        modification, or reversal of existing law or the
22        establishment of new law;
23            (D) the allegations and other factual contentions
24        do not have evidentiary support or, if specifically so
25        identified, are not likely to have evidentiary support
26        after a reasonable opportunity for further

 

 

HB5487- 19 -LRB097 19628 DRJ 64882 b

1        investigation or discovery; or
2            (E) the denials of factual contentions are not
3        warranted on the evidence, or if specifically so
4        identified, are not reasonably based on a lack of
5        information or belief.
6        (2) "Lawsuit" means a motion pursuant to Section 116-3
7    of the Code of Criminal Procedure of 1963, a habeas corpus
8    action under Article X of the Code of Civil Procedure or
9    under federal law (28 U.S.C. 2254), a petition for claim
10    under the Court of Claims Act, an action under the federal
11    Civil Rights Act (42 U.S.C. 1983), or a second or
12    subsequent petition for post-conviction relief under
13    Article 122 of the Code of Criminal Procedure of 1963
14    whether filed with or without leave of court or a second or
15    subsequent petition for relief from judgment under Section
16    2-1401 of the Code of Civil Procedure.
17    (e) Nothing in Public Act 90-592 or 90-593 affects the
18validity of Public Act 89-404.
19    (f) Whenever the Department is to release any inmate who
20has been convicted of a violation of an order of protection
21under Section 12-3.4 or 12-30 of the Criminal Code of 1961,
22earlier than it otherwise would because of a grant of good
23conduct credit, the Department, as a condition of such early
24release, shall require that the person, upon release, be placed
25under electronic surveillance as provided in Section 5-8A-7 of
26this Code.

 

 

HB5487- 20 -LRB097 19628 DRJ 64882 b

1    (g) Whenever the Department is to release any inmate who
2has been convicted of a felony, earlier than it otherwise would
3because of a grant of good conduct credit, the Department shall
4give written notice of the impending release not less than 120
5days prior to the date of the release to the victim of the
6offense for which the inmate was convicted and the victim's
7family members. The notice shall include, but need not be
8limited to, the inmate's name and the location where the inmate
9will reside upon his or her release.
10(Source: P.A. 95-134, eff. 8-13-07; 95-585, eff. 6-1-08;
1195-625, eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09;
1295-876, eff. 8-21-08; 96-860, eff. 1-15-10; 96-1110, eff.
137-19-10; 96-1128, eff. 1-1-11; 96-1200, eff. 7-22-10; 96-1224,
14eff. 7-23-10; 96-1230, eff. 1-1-11; 96-1551, eff. 7-1-11;
1597-333, eff. 8-12-11.)
 
16    Section 10. The Illinois Marriage and Dissolution of
17Marriage Act is amended by changing Sections 602 and 607 as
18follows:
 
19    (750 ILCS 5/602)  (from Ch. 40, par. 602)
20    Sec. 602. Best Interest of Child.
21    (a) The court shall determine custody in accordance with
22the best interest of the child. The court shall consider all
23relevant factors including:
24        (1) the wishes of the child's parent or parents as to

 

 

HB5487- 21 -LRB097 19628 DRJ 64882 b

1    his custody;
2        (2) the wishes of the child as to his custodian;
3        (3) the interaction and interrelationship of the child
4    with his parent or parents, his siblings and any other
5    person who may significantly affect the child's best
6    interest;
7        (4) the child's adjustment to his home, school and
8    community;
9        (5) the mental and physical health of all individuals
10    involved;
11        (6) the physical violence or threat of physical
12    violence by the child's potential custodian, whether
13    directed against the child or directed against another
14    person;
15        (7) the occurrence of ongoing or repeated abuse as
16    defined in Section 103 of the Illinois Domestic Violence
17    Act of 1986, whether directed against the child or directed
18    against another person;
19        (8) the willingness and ability of each parent to
20    facilitate and encourage a close and continuing
21    relationship between the other parent and the child;
22        (9) whether one of the parents is a sex offender; and
23        (10) the terms of a parent's military family-care plan
24    that a parent must complete before deployment if a parent
25    is a member of the United States Armed Forces who is being
26    deployed.

 

 

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1    In the case of a custody proceeding in which a stepparent
2has standing under Section 601, it is presumed to be in the
3best interest of the minor child that the natural parent have
4the custody of the minor child unless the presumption is
5rebutted by the stepparent.
6    (a-5) The court may not award either sole custody or joint
7custody to a parent who has been convicted of a felony unless
8all of the following criteria are first met:
9        (1) A psychological examination of the parent has been
10    conducted by a qualified individual, and that individual is
11    of the opinion that the parent is a fit person to raise and
12    care for the child.
13        (2) The child consents to an award of custody to the
14    parent.
15        (3) If the child is not legally capable of giving
16    consent to an award of custody to the parent, the child's
17    legal guardian has given such consent. A guardian may not
18    unreasonably withhold his or her consent to an award of
19    custody to the parent.
20    (b) The court shall not consider conduct of a present or
21proposed custodian that does not affect his relationship to the
22child.
23    (c) Unless the court finds the occurrence of ongoing abuse
24as defined in Section 103 of the Illinois Domestic Violence Act
25of 1986, the court shall presume that the maximum involvement
26and cooperation of both parents regarding the physical, mental,

 

 

HB5487- 23 -LRB097 19628 DRJ 64882 b

1moral, and emotional well-being of their child is in the best
2interest of the child. There shall be no presumption in favor
3of or against joint custody.
4(Source: P.A. 95-331, eff. 8-21-07; 96-676, eff. 1-1-10.)
 
5    (750 ILCS 5/607)  (from Ch. 40, par. 607)
6    (Text of Section before amendment by P.A. 97-659)
7    Sec. 607. Visitation.
8    (a) A parent not granted custody of the child is entitled
9to reasonable visitation rights unless the court finds, after a
10hearing, that visitation would endanger seriously the child's
11physical, mental, moral or emotional health. If the custodian's
12street address is not identified, pursuant to Section 708, the
13court shall require the parties to identify reasonable
14alternative arrangements for visitation by a non-custodial
15parent, including but not limited to visitation of the minor
16child at the residence of another person or at a local public
17or private facility.
18        (1) "Visitation" means in-person time spent between a
19    child and the child's parent. In appropriate
20    circumstances, it may include electronic communication
21    under conditions and at times determined by the court.
22        (2) "Electronic communication" means time that a
23    parent spends with his or her child during which the child
24    is not in the parent's actual physical custody, but which
25    is facilitated by the use of communication tools such as

 

 

HB5487- 24 -LRB097 19628 DRJ 64882 b

1    the telephone, electronic mail, instant messaging, video
2    conferencing or other wired or wireless technologies via
3    the Internet, or another medium of communication.
4    (a-3) Grandparents, great-grandparents, and siblings of a
5minor child, who is one year old or older, have standing to
6bring an action in circuit court by petition, requesting
7visitation in accordance with this Section. The term "sibling"
8in this Section means a brother, sister, stepbrother, or
9stepsister of the minor child. Grandparents,
10great-grandparents, and siblings also have standing to file a
11petition for visitation and any electronic communication
12rights in a pending dissolution proceeding or any other
13proceeding that involves custody or visitation issues,
14requesting visitation in accordance with this Section. A
15petition for visitation with a child by a person other than a
16parent must be filed in the county in which the child resides.
17Nothing in this subsection (a-3) and subsection (a-5) of this
18Section shall apply to a child in whose interests a petition is
19pending under Section 2-13 of the Juvenile Court Act of 1987 or
20a petition to adopt an unrelated child is pending under the
21Adoption Act.
22    (a-5)(1) Except as otherwise provided in this subsection
23(a-5), any grandparent, great-grandparent, or sibling may file
24a petition for visitation rights to a minor child if there is
25an unreasonable denial of visitation by a parent and at least
26one of the following conditions exists:

 

 

HB5487- 25 -LRB097 19628 DRJ 64882 b

1        (A) (Blank);
2        (A-5) the child's other parent is deceased or has been
3    missing for at least 3 months. For the purposes of this
4    Section a parent is considered to be missing if the
5    parent's location has not been determined and the parent
6    has been reported as missing to a law enforcement agency;
7        (A-10) a parent of the child is incompetent as a matter
8    of law;
9        (A-15) a parent has been incarcerated in jail or prison
10    during the 3 month period preceding the filing of the
11    petition;
12        (B) the child's mother and father are divorced or have
13    been legally separated from each other or there is pending
14    a dissolution proceeding involving a parent of the child or
15    another court proceeding involving custody or visitation
16    of the child (other than any adoption proceeding of an
17    unrelated child) and at least one parent does not object to
18    the grandparent, great-grandparent, or sibling having
19    visitation with the child. The visitation of the
20    grandparent, great-grandparent, or sibling must not
21    diminish the visitation of the parent who is not related to
22    the grandparent, great-grandparent, or sibling seeking
23    visitation;
24        (C) (Blank);
25        (D) the child is born out of wedlock, the parents are
26    not living together, and the petitioner is a maternal

 

 

HB5487- 26 -LRB097 19628 DRJ 64882 b

1    grandparent, great-grandparent, or sibling of the child
2    born out of wedlock; or
3        (E) the child is born out of wedlock, the parents are
4    not living together, the petitioner is a paternal
5    grandparent, great-grandparent, or sibling, and the
6    paternity has been established by a court of competent
7    jurisdiction.
8    (2) Any visitation rights granted pursuant to this Section
9before the filing of a petition for adoption of a child shall
10automatically terminate by operation of law upon the entry of
11an order terminating parental rights or granting the adoption
12of the child, whichever is earlier. If the person or persons
13who adopted the child are related to the child, as defined by
14Section 1 of the Adoption Act, any person who was related to
15the child as grandparent, great-grandparent, or sibling prior
16to the adoption shall have standing to bring an action pursuant
17to this Section requesting visitation with the child.
18    (3) In making a determination under this subsection (a-5),
19there is a rebuttable presumption that a fit parent's actions
20and decisions regarding grandparent, great-grandparent, or
21sibling visitation are not harmful to the child's mental,
22physical, or emotional health. The burden is on the party
23filing a petition under this Section to prove that the parent's
24actions and decisions regarding visitation times are harmful to
25the child's mental, physical, or emotional health.
26    (4) In determining whether to grant visitation, the court

 

 

HB5487- 27 -LRB097 19628 DRJ 64882 b

1shall consider the following:
2        (A) the preference of the child if the child is
3    determined to be of sufficient maturity to express a
4    preference;
5        (B) the mental and physical health of the child;
6        (C) the mental and physical health of the grandparent,
7    great-grandparent, or sibling;
8        (D) the length and quality of the prior relationship
9    between the child and the grandparent, great-grandparent,
10    or sibling;
11        (E) the good faith of the party in filing the petition;
12        (F) the good faith of the person denying visitation;
13        (G) the quantity of the visitation time requested and
14    the potential adverse impact that visitation would have on
15    the child's customary activities;
16        (H) whether the child resided with the petitioner for
17    at least 6 consecutive months with or without the current
18    custodian present;
19        (I) whether the petitioner had frequent or regular
20    contact or visitation with the child for at least 12
21    consecutive months;
22        (J) any other fact that establishes that the loss of
23    the relationship between the petitioner and the child is
24    likely to harm the child's mental, physical, or emotional
25    health; and
26        (K) whether the grandparent, great-grandparent, or

 

 

HB5487- 28 -LRB097 19628 DRJ 64882 b

1    sibling was a primary caretaker of the child for a period
2    of not less than 6 consecutive months.
3    (5) The court may order visitation rights for the
4grandparent, great-grandparent, or sibling that include
5reasonable access without requiring overnight or possessory
6visitation.
7    (a-7)(1) Unless by stipulation of the parties, no motion to
8modify a grandparent, great-grandparent, or sibling visitation
9order may be made earlier than 2 years after the date the order
10was filed, unless the court permits it to be made on the basis
11of affidavits that there is reason to believe the child's
12present environment may endanger seriously the child's mental,
13physical, or emotional health.
14    (2) The court shall not modify an order that grants
15visitation to a grandparent, great-grandparent, or sibling
16unless it finds by clear and convincing evidence, upon the
17basis of facts that have arisen since the prior visitation
18order or that were unknown to the court at the time of entry of
19the prior visitation, that a change has occurred in the
20circumstances of the child or his or her custodian, and that
21the modification is necessary to protect the mental, physical,
22or emotional health of the child. The court shall state in its
23decision specific findings of fact in support of its
24modification or termination of the grandparent,
25great-grandparent, or sibling visitation. A child's parent may
26always petition to modify visitation upon changed

 

 

HB5487- 29 -LRB097 19628 DRJ 64882 b

1circumstances when necessary to promote the child's best
2interest.
3    (3) Attorney fees and costs shall be assessed against a
4party seeking modification of the visitation order if the court
5finds that the modification action is vexatious and constitutes
6harassment.
7    (4) Notice under this subsection (a-7) shall be given as
8provided in subsections (c) and (d) of Section 601.
9    (b) (1) (Blank.)
10    (1.5) The Court may grant reasonable visitation privileges
11to a stepparent upon petition to the court by the stepparent,
12with notice to the parties required to be notified under
13Section 601 of this Act, if the court determines that it is in
14the best interests and welfare of the child, and may issue any
15necessary orders to enforce those visitation privileges. A
16petition for visitation privileges may be filed under this
17paragraph (1.5) whether or not a petition pursuant to this Act
18has been previously filed or is currently pending if the
19following circumstances are met:
20        (A) the child is at least 12 years old;
21        (B) the child resided continuously with the parent and
22    stepparent for at least 5 years;
23        (C) the parent is deceased or is disabled and is unable
24    to care for the child;
25        (D) the child wishes to have reasonable visitation with
26    the stepparent; and

 

 

HB5487- 30 -LRB097 19628 DRJ 64882 b

1        (E) the stepparent was providing for the care, control,
2    and welfare to the child prior to the initiation of the
3    petition for visitation.
4    (2)(A) A petition for visitation privileges shall not be
5filed pursuant to this subsection (b) by the parents or
6grandparents of a putative father if the paternity of the
7putative father has not been legally established.
8    (B) A petition for visitation privileges may not be filed
9under this subsection (b) if the child who is the subject of
10the grandparents' or great-grandparents' petition has been
11voluntarily surrendered by the parent or parents, except for a
12surrender to the Illinois Department of Children and Family
13Services or a foster care facility, or has been previously
14adopted by an individual or individuals who are not related to
15the biological parents of the child or is the subject of a
16pending adoption petition by an individual or individuals who
17are not related to the biological parents of the child.
18    (3) (Blank).
19    (c) The court may modify an order granting or denying
20visitation rights of a parent whenever modification would serve
21the best interest of the child; but the court shall not
22restrict a parent's visitation rights unless it finds that the
23visitation would endanger seriously the child's physical,
24mental, moral or emotional health.
25    (d) If any court has entered an order prohibiting a
26non-custodial parent of a child from any contact with a child

 

 

HB5487- 31 -LRB097 19628 DRJ 64882 b

1or restricting the non-custodial parent's contact with the
2child, the following provisions shall apply:
3        (1) If an order has been entered granting visitation
4    privileges with the child to a grandparent or
5    great-grandparent who is related to the child through the
6    non-custodial parent, the visitation privileges of the
7    grandparent or great-grandparent may be revoked if:
8            (i) a court has entered an order prohibiting the
9        non-custodial parent from any contact with the child,
10        and the grandparent or great-grandparent is found to
11        have used his or her visitation privileges to
12        facilitate contact between the child and the
13        non-custodial parent; or
14            (ii) a court has entered an order restricting the
15        non-custodial parent's contact with the child, and the
16        grandparent or great-grandparent is found to have used
17        his or her visitation privileges to facilitate contact
18        between the child and the non-custodial parent in a
19        manner that violates the terms of the order restricting
20        the non-custodial parent's contact with the child.
21        Nothing in this subdivision (1) limits the authority of
22    the court to enforce its orders in any manner permitted by
23    law.
24        (2) Any order granting visitation privileges with the
25    child to a grandparent or great-grandparent who is related
26    to the child through the non-custodial parent shall contain

 

 

HB5487- 32 -LRB097 19628 DRJ 64882 b

1    the following provision:
2        "If the (grandparent or great-grandparent, whichever
3    is applicable) who has been granted visitation privileges
4    under this order uses the visitation privileges to
5    facilitate contact between the child and the child's
6    non-custodial parent, the visitation privileges granted
7    under this order shall be permanently revoked."
8    (e) No parent, not granted custody of the child, or
9grandparent, or great-grandparent, or stepparent, or sibling
10of any minor child, convicted of any offense involving an
11illegal sex act perpetrated upon a victim less than 18 years of
12age including but not limited to offenses for violations of
13Article 12 of the Criminal Code of 1961, is entitled to
14visitation rights while incarcerated or while on parole,
15probation, conditional discharge, periodic imprisonment, or
16mandatory supervised release for that offense, and upon
17discharge from incarceration for a misdemeanor offense or upon
18discharge from parole, probation, conditional discharge,
19periodic imprisonment, or mandatory supervised release for a
20felony offense, visitation shall be denied until the person
21successfully completes a treatment program approved by the
22court.
23    (f) Unless the court determines, after considering all
24relevant factors, including but not limited to those set forth
25in Section 602(a), that it would be in the best interests of
26the child to allow visitation, the court shall not enter an

 

 

HB5487- 33 -LRB097 19628 DRJ 64882 b

1order providing visitation rights and pursuant to a motion to
2modify visitation shall revoke visitation rights previously
3granted to any person who would otherwise be entitled to
4petition for visitation rights under this Section who has been
5convicted of first degree murder of the parent, grandparent,
6great-grandparent, or sibling of the child who is the subject
7of the order. Until an order is entered pursuant to this
8subsection, no person shall visit, with the child present, a
9person who has been convicted of first degree murder of the
10parent, grandparent, great-grandparent, or sibling of the
11child without the consent of the child's parent, other than a
12parent convicted of first degree murder as set forth herein, or
13legal guardian.
14    (g) (Blank).
15(Source: P.A. 96-331, eff. 1-1-10.)
 
16    (Text of Section after amendment by P.A. 97-659)
17    Sec. 607. Visitation.
18    (a) A parent not granted custody of the child is entitled
19to reasonable visitation rights unless the court finds, after a
20hearing, that visitation would endanger seriously the child's
21physical, mental, moral or emotional health. If the custodian's
22street address is not identified, pursuant to Section 708, the
23court shall require the parties to identify reasonable
24alternative arrangements for visitation by a non-custodial
25parent, including but not limited to visitation of the minor

 

 

HB5487- 34 -LRB097 19628 DRJ 64882 b

1child at the residence of another person or at a local public
2or private facility.
3        (1) "Visitation" means in-person time spent between a
4    child and the child's parent. In appropriate
5    circumstances, it may include electronic communication
6    under conditions and at times determined by the court.
7        (2) "Electronic communication" means time that a
8    parent spends with his or her child during which the child
9    is not in the parent's actual physical custody, but which
10    is facilitated by the use of communication tools such as
11    the telephone, electronic mail, instant messaging, video
12    conferencing or other wired or wireless technologies via
13    the Internet, or another medium of communication.
14    (a-3) Grandparents, great-grandparents, and siblings of a
15minor child, who is one year old or older, have standing to
16bring an action in circuit court by petition, requesting
17visitation in accordance with this Section. The term "sibling"
18in this Section means a brother, sister, stepbrother, or
19stepsister of the minor child. Grandparents,
20great-grandparents, and siblings also have standing to file a
21petition for visitation and any electronic communication
22rights in a pending dissolution proceeding or any other
23proceeding that involves custody or visitation issues,
24requesting visitation in accordance with this Section. A
25petition for visitation with a child by a person other than a
26parent must be filed in the county in which the child resides.

 

 

HB5487- 35 -LRB097 19628 DRJ 64882 b

1Nothing in this subsection (a-3) and subsection (a-5) of this
2Section shall apply to a child in whose interests a petition is
3pending under Section 2-13 of the Juvenile Court Act of 1987 or
4a petition to adopt an unrelated child is pending under the
5Adoption Act.
6    (a-5)(1) Except as otherwise provided in this subsection
7(a-5), any grandparent, great-grandparent, or sibling may file
8a petition for visitation rights to a minor child if there is
9an unreasonable denial of visitation by a parent and at least
10one of the following conditions exists:
11        (A) (Blank);
12        (A-5) the child's other parent is deceased or has been
13    missing for at least 3 months. For the purposes of this
14    Section a parent is considered to be missing if the
15    parent's location has not been determined and the parent
16    has been reported as missing to a law enforcement agency;
17        (A-10) a parent of the child is incompetent as a matter
18    of law;
19        (A-15) a parent has been incarcerated in jail or prison
20    during the 3 month period preceding the filing of the
21    petition;
22        (B) the child's mother and father are divorced or have
23    been legally separated from each other or there is pending
24    a dissolution proceeding involving a parent of the child or
25    another court proceeding involving custody or visitation
26    of the child (other than any adoption proceeding of an

 

 

HB5487- 36 -LRB097 19628 DRJ 64882 b

1    unrelated child) and at least one parent does not object to
2    the grandparent, great-grandparent, or sibling having
3    visitation with the child. The visitation of the
4    grandparent, great-grandparent, or sibling must not
5    diminish the visitation of the parent who is not related to
6    the grandparent, great-grandparent, or sibling seeking
7    visitation;
8        (C) (Blank);
9        (D) the child is born out of wedlock, the parents are
10    not living together, and the petitioner is a maternal
11    grandparent, great-grandparent, or sibling of the child
12    born out of wedlock; or
13        (E) the child is born out of wedlock, the parents are
14    not living together, the petitioner is a paternal
15    grandparent, great-grandparent, or sibling, and the
16    paternity has been established by a court of competent
17    jurisdiction.
18    (2) Any visitation rights granted pursuant to this Section
19before the filing of a petition for adoption of a child shall
20automatically terminate by operation of law upon the entry of
21an order terminating parental rights or granting the adoption
22of the child, whichever is earlier. If the person or persons
23who adopted the child are related to the child, as defined by
24Section 1 of the Adoption Act, any person who was related to
25the child as grandparent, great-grandparent, or sibling prior
26to the adoption shall have standing to bring an action pursuant

 

 

HB5487- 37 -LRB097 19628 DRJ 64882 b

1to this Section requesting visitation with the child.
2    (3) In making a determination under this subsection (a-5),
3there is a rebuttable presumption that a fit parent's actions
4and decisions regarding grandparent, great-grandparent, or
5sibling visitation are not harmful to the child's mental,
6physical, or emotional health. The burden is on the party
7filing a petition under this Section to prove that the parent's
8actions and decisions regarding visitation times are harmful to
9the child's mental, physical, or emotional health.
10    (4) In determining whether to grant visitation, the court
11shall consider the following:
12        (A) the preference of the child if the child is
13    determined to be of sufficient maturity to express a
14    preference;
15        (B) the mental and physical health of the child;
16        (C) the mental and physical health of the grandparent,
17    great-grandparent, or sibling;
18        (D) the length and quality of the prior relationship
19    between the child and the grandparent, great-grandparent,
20    or sibling;
21        (E) the good faith of the party in filing the petition;
22        (F) the good faith of the person denying visitation;
23        (G) the quantity of the visitation time requested and
24    the potential adverse impact that visitation would have on
25    the child's customary activities;
26        (H) whether the child resided with the petitioner for

 

 

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1    at least 6 consecutive months with or without the current
2    custodian present;
3        (I) whether the petitioner had frequent or regular
4    contact or visitation with the child for at least 12
5    consecutive months;
6        (J) any other fact that establishes that the loss of
7    the relationship between the petitioner and the child is
8    likely to harm the child's mental, physical, or emotional
9    health; and
10        (K) whether the grandparent, great-grandparent, or
11    sibling was a primary caretaker of the child for a period
12    of not less than 6 consecutive months.
13    (5) The court may order visitation rights for the
14grandparent, great-grandparent, or sibling that include
15reasonable access without requiring overnight or possessory
16visitation.
17    (a-7)(1) Unless by stipulation of the parties, no motion to
18modify a grandparent, great-grandparent, or sibling visitation
19order may be made earlier than 2 years after the date the order
20was filed, unless the court permits it to be made on the basis
21of affidavits that there is reason to believe the child's
22present environment may endanger seriously the child's mental,
23physical, or emotional health.
24    (2) The court shall not modify an order that grants
25visitation to a grandparent, great-grandparent, or sibling
26unless it finds by clear and convincing evidence, upon the

 

 

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1basis of facts that have arisen since the prior visitation
2order or that were unknown to the court at the time of entry of
3the prior visitation, that a change has occurred in the
4circumstances of the child or his or her custodian, and that
5the modification is necessary to protect the mental, physical,
6or emotional health of the child. The court shall state in its
7decision specific findings of fact in support of its
8modification or termination of the grandparent,
9great-grandparent, or sibling visitation. A child's parent may
10always petition to modify visitation upon changed
11circumstances when necessary to promote the child's best
12interest.
13    (3) Attorney fees and costs shall be assessed against a
14party seeking modification of the visitation order if the court
15finds that the modification action is vexatious and constitutes
16harassment.
17    (4) Notice under this subsection (a-7) shall be given as
18provided in subsections (c) and (d) of Section 601.
19    (b) (1) (Blank.)
20    (1.5) The Court may grant reasonable visitation privileges
21to a stepparent upon petition to the court by the stepparent,
22with notice to the parties required to be notified under
23Section 601 of this Act, if the court determines that it is in
24the best interests and welfare of the child, and may issue any
25necessary orders to enforce those visitation privileges. A
26petition for visitation privileges may be filed under this

 

 

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1paragraph (1.5) whether or not a petition pursuant to this Act
2has been previously filed or is currently pending if the
3following circumstances are met:
4        (A) the child is at least 12 years old;
5        (B) the child resided continuously with the parent and
6    stepparent for at least 5 years;
7        (C) the parent is deceased or is disabled and is unable
8    to care for the child;
9        (D) the child wishes to have reasonable visitation with
10    the stepparent; and
11        (E) the stepparent was providing for the care, control,
12    and welfare to the child prior to the initiation of the
13    petition for visitation.
14    (2)(A) A petition for visitation privileges shall not be
15filed pursuant to this subsection (b) by the parents or
16grandparents of a putative father if the paternity of the
17putative father has not been legally established.
18    (B) A petition for visitation privileges may not be filed
19under this subsection (b) if the child who is the subject of
20the grandparents' or great-grandparents' petition has been
21voluntarily surrendered by the parent or parents, except for a
22surrender to the Illinois Department of Children and Family
23Services or a foster care facility, or has been previously
24adopted by an individual or individuals who are not related to
25the biological parents of the child or is the subject of a
26pending adoption petition by an individual or individuals who

 

 

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1are not related to the biological parents of the child.
2    (3) (Blank).
3    (c) The court may modify an order granting or denying
4visitation rights of a parent whenever modification would serve
5the best interest of the child; but the court shall not
6restrict a parent's visitation rights unless it finds that the
7visitation would endanger seriously the child's physical,
8mental, moral or emotional health.
9    (d) If any court has entered an order prohibiting a
10non-custodial parent of a child from any contact with a child
11or restricting the non-custodial parent's contact with the
12child, the following provisions shall apply:
13        (1) If an order has been entered granting visitation
14    privileges with the child to a grandparent or
15    great-grandparent who is related to the child through the
16    non-custodial parent, the visitation privileges of the
17    grandparent or great-grandparent may be revoked if:
18            (i) a court has entered an order prohibiting the
19        non-custodial parent from any contact with the child,
20        and the grandparent or great-grandparent is found to
21        have used his or her visitation privileges to
22        facilitate contact between the child and the
23        non-custodial parent; or
24            (ii) a court has entered an order restricting the
25        non-custodial parent's contact with the child, and the
26        grandparent or great-grandparent is found to have used

 

 

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1        his or her visitation privileges to facilitate contact
2        between the child and the non-custodial parent in a
3        manner that violates the terms of the order restricting
4        the non-custodial parent's contact with the child.
5        Nothing in this subdivision (1) limits the authority of
6    the court to enforce its orders in any manner permitted by
7    law.
8        (2) Any order granting visitation privileges with the
9    child to a grandparent or great-grandparent who is related
10    to the child through the non-custodial parent shall contain
11    the following provision:
12        "If the (grandparent or great-grandparent, whichever
13    is applicable) who has been granted visitation privileges
14    under this order uses the visitation privileges to
15    facilitate contact between the child and the child's
16    non-custodial parent, the visitation privileges granted
17    under this order shall be permanently revoked."
18    (e) No parent, not granted custody of the child, or
19grandparent, or great-grandparent, or stepparent, or sibling
20of any minor child, convicted of any offense involving an
21illegal sex act perpetrated upon a victim less than 18 years of
22age including but not limited to offenses for violations of
23Article 12 of the Criminal Code of 1961, is entitled to
24visitation rights while incarcerated or while on parole,
25probation, conditional discharge, periodic imprisonment, or
26mandatory supervised release for that offense, and upon

 

 

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1discharge from incarceration for a misdemeanor offense or upon
2discharge from parole, probation, conditional discharge,
3periodic imprisonment, or mandatory supervised release for a
4felony offense, visitation shall be denied until the person
5successfully completes a treatment program approved by the
6court.
7    (f) Unless the court determines, after considering all
8relevant factors, including but not limited to those set forth
9in Section 602(a), that it would be in the best interests of
10the child to allow visitation, the court shall not enter an
11order providing visitation rights and pursuant to a motion to
12modify visitation shall revoke visitation rights previously
13granted to any person who would otherwise be entitled to
14petition for visitation rights under this Section who has been
15convicted of first degree murder of the parent, grandparent,
16great-grandparent, or sibling of the child who is the subject
17of the order. Until an order is entered pursuant to this
18subsection, no person shall visit, with the child present, a
19person who has been convicted of first degree murder of the
20parent, grandparent, great-grandparent, or sibling of the
21child without the consent of the child's parent, other than a
22parent convicted of first degree murder as set forth herein, or
23legal guardian.
24    (f-5) The court may not award unsupervised visitation to a
25parent who has been convicted of a felony unless all of the
26following criteria are first met:

 

 

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1        (1) A psychological examination of the parent has been
2    conducted by a qualified individual, and that individual is
3    of the opinion that the parent is a fit person to raise and
4    care for the child.
5        (2) The child consents to an award of unsupervised
6    visitation to the parent.
7        (3) If the child is not legally capable of giving
8    consent to an award of unsupervised visitation to the
9    parent, the child's legal guardian has given such consent.
10    A guardian may not unreasonably withhold his or her consent
11    to an award of unsupervised visitation to the parent.
12    (f-10) If a parent has exercised unsupervised visitation
13with a child, and if the child alleges that he or she has been a
14victim of abuse or sexual molestation perpetrated by a person
15in the home where the unsupervised visitation has taken place,
16then, upon petition to the court, the court shall immediately
17suspend the parent's unsupervised visitation with the child and
18shall direct the Department of Children and Family Services to
19make a full investigation of the child's allegations. The
20parent's unsupervised visitation shall remain suspended until
21the court specifically finds the following:
22        (1) The Department of Children and Family Services has
23    made a full investigation of the child's allegations and
24    has filed a written report of its findings with the court.
25        (2) The Department of Children and Family Services is
26    of the opinion that the home where the unsupervised

 

 

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1    visitation took place constitutes a safe home environment
2    for the child.
3    (g) (Blank).
4    (h) Upon motion, the court may allow a parent who is
5deployed or who has orders to be deployed as a member of the
6United States Armed Forces to designate a person known to the
7child to exercise reasonable substitute visitation on behalf of
8the deployed parent, if the court determines that substitute
9visitation is in the best interest of the child. In determining
10whether substitute visitation is in the best interest of the
11child, the court shall consider all of the relevant factors
12listed in subsection (a) of Section 602 and apply those factors
13to the person designated as a substitute for the deployed
14parent for visitation purposes.
15(Source: P.A. 96-331, eff. 1-1-10; 97-659, eff. 6-1-12.)
 
16    Section 95. No acceleration or delay. Where this Act makes
17changes in a statute that is represented in this Act by text
18that is not yet or no longer in effect (for example, a Section
19represented by multiple versions), the use of that text does
20not accelerate or delay the taking effect of (i) the changes
21made by this Act or (ii) provisions derived from any other
22Public Act.