Illinois General Assembly - Bill Status for HB3005

Replaces everything after the enacting clause. Amends the Juvenile Court Act and the Illinois Parentage Act. Includes within the definition of "parent" any man who has (1) been convicted of or pled nolo contendere to any crime under the Criminal Code of 1961 or similar statute in another jurisdiction that resulted in the conception of a child or (2) been charged with any of those offenses and the court finds, by a preponderance of the evidence, that the acts occurred and resulted in the conception of a child. Provides that in any case in which a child has been conceived as a result of certain crimes and the biological father of the child has (1) been convicted of or pled nolo contendere to the offense or (2) been charged with one of those offenses and the court finds, by clear and convincing evidence, that the acts occurred and resulted in the conception of a child, then paternity and parental rights shall not be presumed or granted by any court and the father shall not be entitled to custody of or visitation with that child without the consent of the mother or guardian. Makes other changes. Effective immediately.

Replaces everything after the enacting clause. Amends the Juvenile Court Act. Provides that the definition of "parent" includes any man who has (1) been convicted of or pled guilty or nolo contendere (instead of convicted of or pled guilty) to any crime under the Criminal Code of 1961 or similar statute in another jurisdiction that resulted in the conception of the child or (2) is currently charged with any of those offenses and the court finds, by clear and convincing evidence, that the acts occurred and resulted in the conception of the child. Amends the Illinois Parentage Act of 1984. Provides that in any case in which a child has been conceived as a result of certain crimes and the biological father of the child has (1) been convicted of or pled nolo contendere to the offense or (2) is currently charged with one of those offenses and the court finds, by clear and convincing evidence, that the acts occurred and resulted in the conception of the child, then paternity and parental rights shall not be presumed or granted by any court: without the consent of the mother and the guardian of the child, unless the guardian is the father of the child and was convicted of or pled guilty or nolo contendere to one of the identified sex offenses; or without the consent of the mother or guardian of the mother if the mother is a minor, unless the guardian of the mother is the father of the child and the father was convicted of or pled guilty or nolo contendere to one of the identified sex offenses. Makes other changes. Effective immediately.

Replaces everything after the enacting clause. Amends the Juvenile Court Act. Removes from the definition of "parent" any man who has been convicted of or pled guilty or nolo contendere (instead of convicted of or pled guilty). Amends the Illinois Parentage Act of 1984. Provides that in any case in which a child has been conceived as a result of certain crimes and the biological father of the child has been convicted of or pled nolo contendere to the offense then paternity and parental rights shall not be presumed or granted by any court: without the consent of the mother and the guardian of the child, unless the guardian is the father of the child and was convicted of or pled guilty or nolo contendere to one of the identified sex offenses; or without the consent of the mother or guardian of the mother if the mother is a minor, unless the guardian of the mother is the father of the child and the father was convicted of or pled guilty or nolo contendere to one of the identified sex offenses. Makes other changes. Effective immediately.

Further amends the Juvenile Court Act of 1987. Provides that the term "parent" does not include a person who has been or could be determined under law to be a parent if that person has been convicted of or pled guilty or nolo contendere to a crime that resulted in the conception of the child unless any party to the juvenile court proceedings, other than the offender, makes a request that the court deem the offender to be a parent and the court finds that to do so for purposes of the juvenile court proceedings is in the child's best interest. Further amends the Illinois Parentage Act of 1984. Provides that a person who was convicted of or pled guilty or nolo contendere (instead of convicted or pled guilty) to a criminal offense that resulted in the conception of a child is not entitled to custody of or visitation with that child without the consent of the child's mother and the father cannot give this consent even if he is the guardian of the child or of the mother.

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