Illinois General Assembly - Full Text of HB3567
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Full Text of HB3567  93rd General Assembly

HB3567 93rd General Assembly


093_HB3567

 
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 1        AN ACT concerning minors.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Emancipation  of  Mature Minors Act is
 5    amended by changing Sections 2, 7, 9 and adding Section  11.1
 6    as follows:

 7        (750 ILCS 30/2) (from Ch. 40, par. 2202)
 8        Sec.  2.  Purpose and policy.  The purpose of this Act is
 9    to  provide  a  means  by  which  a  mature  minor  who   has
10    demonstrated  the  ability  and  capacity  to  manage his own
11    affairs and to live wholly or partially  independent  of  his
12    parents  or  guardian,  may  obtain  the  legal  status of an
13    emancipated person with  power  to  enter  into  valid  legal
14    contracts.   This  Act  is not intended to interfere with the
15    integrity of the family or the rights of  parents  and  their
16    children.   Except  as otherwise provided in Section 11.1, no
17    order of complete or  partial  emancipation  may  be  entered
18    under  this  Act  if there is any objection by the minor, his
19    parents or guardian.  This Act does not limit or exclude  any
20    other  means  either  in statute or case law by which a minor
21    may become emancipated.
22        This  Act  also  has  the  purpose  of  authorizing   the
23    emancipation  of certain minors as set forth in Section 11.1.
24    (Source: P.A. 81-833.)

25        (750 ILCS 30/7) (from Ch. 40, par. 2207)
26        Sec. 7.   Petition.   Except  as  otherwise  provided  in
27    Section 11.1, the petition for emancipation shall be verified
28    and  shall set forth:  (1) the age of the minor; (2) that the
29    minor is a resident of Illinois at the time of the filing  of
30    the  petition,  or  owns  real  estate in Illinois, or has an
 
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 1    interest or is a party in any case pending in  Illinois;  (3)
 2    the  cause  for  which  the  minor seeks to obtain partial or
 3    complete emancipation; (4) the names of the minor's  parents,
 4    and  the  address,  if living; (5) the names and addresses of
 5    any guardians or custodians appointed for the minor; (6) that
 6    the minor is a mature minor who has demonstrated the  ability
 7    and  capacity  to  manage  his  own affairs; and (7) that the
 8    minor has  lived  wholly  or  partially  independent  of  his
 9    parents or guardian.
10    (Source: P.A. 81-833.)

11        (750 ILCS 30/9) (from Ch. 40, par. 2209)
12        Sec.  9.  Hearing.  Before proceeding to a hearing on the
13    petition the court shall advise all persons  present  of  the
14    nature   of   the   proceedings,   and   their   rights   and
15    responsibilities  if  an  order  of  emancipation  should  be
16    entered.
17        Except  as  otherwise provided in Section 11.1, if, after
18    the hearing, the court determines that the minor is a  mature
19    minor  who is of sound mind and has the capacity and maturity
20    to manage his own affairs including his  finances,  and  that
21    the  best  interests  of  the  minor  and  his family will be
22    promoted by declaring the minor  an  emancipated  minor,  the
23    court  shall enter a finding that the minor is an emancipated
24    minor within the meaning of this  Act,  or  that  the  mature
25    minor  is  partially emancipated with such limitations as the
26    court by order deems appropriate.  No order  of  complete  or
27    partial  emancipation  may be entered under this Act if there
28    is any objection by the minor (except as  otherwise  provided
29    in Section 11.1), his parents or guardian.
30    (Source: P.A. 81-833.)

31        (750 ILCS 30/11.1 new)
32        Sec. 11.1.  Emancipation without minor's consent.
 
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 1        (a)  Notwithstanding  any other provision of this Act, an
 2    order of complete or  partial  emancipation  may  be  entered
 3    under this Act without the minor's consent if:
 4             (i)     the   minor   has   at   least   2  separate
 5        adjudications of delinquency under the Juvenile Court Act
 6        of 1987 for acts that would have each been either a Class
 7        A misdemeanor or a felony if committed by an adult;
 8             (ii)  the minor has at least 2 separate  convictions
 9        for  criminal  offenses  that  were each either a Class A
10        misdemeanor or a felony; or
11             (iii)  the  minor  has  at  least  one  adjudication
12        described in subdivision (i) and at least one  conviction
13        described in subdivision (ii).
14        (b)  A  petition  filed  regarding  a  minor described in
15    subsection (a)  is  not  required  to  contain  the  elements
16    described in subdivision (6) and (7) of Section 7.
17        (c)  A court may enter an order that a minor described in
18    subsection  (a) is completely or partially emancipated if the
19    court finds that complete or partial emancipation is  in  the
20    best  interests  of  the  minor. The court is not required to
21    make the determinations set forth in Section 9.
22        (d)  A minor described in subsection (a) who  is  ordered
23    completely or partially emancipated under this Act shall have
24    only those rights and responsibilities specified in the order
25    of  the  court,  which  may  include  any  of  the rights and
26    responsibilities set forth in Section 5.